Common use of Relocation Clause in Contracts

Relocation. On or after the seventh (7th) anniversary of the Commercial Operation Date, District may, at its option, require that the Solar Facility be permanently relocated, either on the Site or to another site owned and operated by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). District shall give Provider at least one-hundred twenty (120) calendar days’ notice of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required by Provider or Provider’s financing parties in connection with the relocation. Within thirty (30) days of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written notice. In the event that an acceptable Relocation Site cannot be agreed upon, District shall pay Provider an amount equal to the Termination Value for the Site requiring termination. In the event of a termination occurring under this Section 11, following receipt of payment from District of the Termination Value, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3, at no additional cost to District.

Relocation. On or after the seventh (7th) anniversary of the Commercial Operation Date, District Landlord may, at its optionupon not less than 90 days’ notice to Tenant, require that relocate the Solar Facility be permanently relocated, either Premises to any other premises within the Xxxxxx Center (“Relocated Premises”) on the Site or to another site owned and operated by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties date of relocation (the “Relocation SiteDate”)) specified therein. District The Relocated Premises shall give Provider in all respects be substantially the same or better, as reasonably determined by Landlord, in area, finish, and appropriateness for the Permitted Use. In such event, all reasonable expenses of moving Tenant and decorating the Relocated Premises with substantially the same leasehold improvements shall be at least one-hundred twenty (120) calendar days’ notice the expense of DistrictLandlord, including the physical move, relocating Tenant’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” existing telephone equipment and other costs set forth below. All moving costs (including the cost to relocate phones, computers and other systems of similar nature), all costs of reprinting stationery, cards and other printed material bearing Tenant’s address at the Premises if such address changes required due to memorialize the relocation (but only the quantity existing immediately prior to the relocation. District shall pay Provider’s actual ) and necessary all other out-of-pocket costs directly incurred by Tenant in connection with relocation to the relocation of the Solar FacilityRelocated Premises, including removal reasonable decorating and design costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required paid by Provider or Provider’s financing parties in connection with the relocation. Within Landlord within thirty (30) days after receipt of agreement on a Relocation Sitethird-party invoices therefor. Tenant shall have the option, Provider will provide District with a calculation effective as of the estimated time required for such relocationRelocation Date, and either to enter into an appropriate lease amendment relocating the total anticipated amount of lost revenues and additional costs Premises, or to terminate this Lease, which option shall be incurred by Provider as a result of such relocation. District will have twenty exercised within fifteen (2015) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written notice. In the event that an acceptable Relocation Site cannot be agreed upon, District shall pay Provider an amount equal to the Termination Value for the Site requiring termination. In the event of a termination occurring under this Section 11, Business Days following receipt of payment from District Landlord’s relocation notice. Failure of Tenant to choose either option within such period shall constitute Tenant’s election to relocate. If Tenant elects (or is deemed to have elected) to relocate, Landlord shall have the option to tender the Relocated Premises to Tenant on any date within a 30 day period prior to or after the Relocation Date, in which event the date of tender of possession of the Termination ValueRelocated Premises shall become the Relocation Date. From the Relocation Date through the Expiration Date, Provider the aggregate Base Rent for the Relocated Premises shall remove be the Solar Facility same as for the original Premises. Tenant’s failure to vacate the Premises and restore move into the Site in accordance with Section 3Relocated Premises on the Relocation Date shall constitute a Time Sensitive Default. Notwithstanding the foregoing, at no additional cost to DistrictLandlord shall not relocate the Premises during the first twenty-four (24) months of the initial Lease Term.

Relocation. On Landlord expressly reserves the right before possession or after commencement and during the seventh (7th) anniversary term of the Commercial Operation Date, District maythis Lease, at its optionsole cost and expense, require to remove the Tenant from the Leased Premises and relocate the Tenant to some other space of Landlord's choosing of approximately the same size within the Building, which other space shall be decorated by Landlord at Landlord's expense and Landlord may in its discretion use such decorations and materials from the existing Leased Premises or other materials, so that the Solar Facility space in which Tenant is relocated is comparable in its interior design and decoration to the Leased Premises from which Tenant is removed; provided, however, that if Landlord exercises its election to remove and relocate the Tenant to other space within the Building and the new space is at that time leasing for a higher rate of Rent per square foot of Net Rentable Area, then Tenant shall not be permanently required to pay the difference between the Rent per square foot of Net Rentable Area of the Leased Premises and the higher Rent per square foot of Net Rentable Area of the space to which Tenant is relocated; provided, further, that if Tenant is removed and relocated to other space within the Building which is then leasing at a rate of Rent per square foot of the Net Rentable area less than the rate of Rent per square foot of the Net Rentable Area of the existing Leased Premises at that time, Tenant's Rent per square foot shall be reduced to the Rent per square foot of Net Rentable Area then being charged for the space in which Tenant has been relocated. Tenant, by the execution of this Lease, acknowledges the foregoing right of Landlord, and no rights granted in this Lease to Tenant, including, but not limited to the right of peaceful and quiet enjoyment, shall be deemed to have been breached or interfered with by reason of Landlord's exercise of the right of relocation reserved in this Paragraph. Landlord's sole obligation for costs and expenses of removal and relocation shall be the actual cost of relocating and decorating the space in which tenant is relocated, either on and Tenant agrees that Landlord's exercise of its election to remove and relocate Tenant shall not terminate this Lease or release the Site Tenant, in whole or in part, from the Tenant's obligation to another site owned pay the rents and operated by District, at perform the covenants and agreement hereunder for the full term of this Lease. Landlord will endeavor to relocate Tenant with a location with at least equal Insolation minimum of disturbance to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). District shall give Provider at least one-hundred twenty (120) calendar days’ notice of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costsTenant's business, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocatedsuch period, at District Suspension Rateif any, as defined below, prorated as needed Tenant is unable to apply on a daily basis. District shall also execute such consents or releases reasonably required by Provider or Provider’s financing parties in connection with the relocation. Within thirty (30) days conduct its business during and because of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement Rent shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written notice. In the event that an acceptable Relocation Site cannot be agreed upon, District shall pay Provider an amount equal to the Termination Value for the Site requiring termination. In the event of a termination occurring under this Section 11, following receipt of payment from District of the Termination Value, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3, at no additional cost to Districtxxxxx.

Relocation. On In addition to the adjustments to the Premises ---------- required by the Migration Plan, Landlord may at any time during the term (and any number of times during the term), by written notice to Tenant, elect, subject to Tenant's approval (which approval shall not be unreasonably withheld or after the seventh (7th) anniversary delayed), to relocate any portions of the Commercial Operation DatePremises to new premises on the Property. The foregoing relocation right shall not apply to certain portions of the Premises described as follows: Buildings T and Z and Expansion Area. Tenant may not refuse to consent in writing to any such relocation proposed by Landlord if the proposed relocated premises (i) shall be reasonably comparable in size; (ii) shall be comparable in physical characteristics relating to use (i.e., District maylaboratory space or office space); (iii) shall be comparable in amenities; (iv) shall reasonably accommodate the specific requirements of Tenant related to its then current use and activity of that particular portion of the Premises proposed for relocation, and (v) shall not separate concentrations of space within the Premises that are currently adjacent and in which occupants work interactively into separate locations that are not reasonably proximate in location to each other. Tenant agrees that at its optionthe time Landlord makes an election to relocate the Premises and seeks Tenant's approval, require Landlord may contemplate performing certain finish work or alterations to the proposed relocation space and in determining whether the proposed relocation space satisfies the foregoing criteria, Tenant shall review plans for such finish work and alterations and may not refuse approval if the proposed relocation space, as it is to be altered or finished, would satisfy the criteria; provided that such alterations shall be made to the proposed relocation space before Tenant is required to move. Landlord shall pay the costs of any alterations or finish to the relocation space and all other reasonable, third party costs incurred by Tenant in moving to the relocation space. Landlord and Tenant shall cooperate to cause the relocation to be accomplished in a way which minimizes cost and disruption to the parties' operations on the Property. Tenant shall complete the relocation and vacate and surrender the relocated portion of the Premises in accordance herewith within a reasonable period of time (as determined hereinbelow) after notice from Landlord that the Solar Facility be permanently relocated, either on the Site or to another site owned relocation space is ready for Tenant's use and operated by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). District shall give Provider at least one-hundred twenty (120) calendar days’ notice of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required by Provider or Provider’s financing parties in connection with the relocationoccupancy. Within thirty (30) days after Landlord delivers written notice to Tenant of agreement on a Relocation Siterequired relocation, Provider will provide District with Tenant shall notify Landlord in writing of the amount of time Tenant believes is reasonable to accomplish the relocation after the relocated space is ready for Tenant's use and occupancy. Such time period shall be deemed to be the reasonable period of time referred to hereinabove to accomplish the relocation unless Landlord disputes the time period selected by Tenant. After the relocation has been accomplished, the Premises shall no longer include the relocated space but shall include the new relocation space. Either Landlord and/or Tenant may elect under section 1.1, to measure the ----------- reconfigured Premises, at Landlord's expense, at such time to recalculate Base Rent and Tenant's Percentage Share. Landlord and Tenant shall execute a written amendment to this Lease adjusting the Exhibits hereto which describe the Premises, the calculation of the estimated time required rent, Tenant's Percentage Share and providing for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider other adjustment as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written notice. In the event that an acceptable Relocation Site cannot be agreed upon, District shall pay Provider an amount equal to the Termination Value for the Site requiring termination. In the event of a termination occurring under this Section 11, following receipt of payment from District of the Termination Value, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3, at no additional cost to Districtreasonably necessary.

Relocation. On or after the seventh (7th) anniversary of the Commercial Operation Date, District mayLandlord, at its option, require that the Solar Facility be permanently relocated, either on the Site or to another site owned and operated by Districtexpense, at a location with at least equal Insolation any time before or during the Term, but no more often than one (1) time during the Term, may relocate Tenant from the Premises to space of reasonably comparable size, finishes and utility that is no lower than the existing Site and reasonably acceptable to both Parties fourteenth (14th) floor (“Relocation Space”) within the Building or other buildings within the same project upon ninety (90) days’ prior written notice (the “Relocation SiteNotice”) to Tenant. From and after the date of the relocation, if the Relocation Space is smaller than the original Premises, the Base Rent and Tenant’s Share shall be adjusted based on the rentable area of the Relocation Space; provided, however, the Base Rent and Tenant’s Share shall not increase following a relocation unless Tenant has elected to accept a larger Relocation Space in connection therewith. Landlord shall pay Tenant’s reasonable costs of relocation which amount shall include all costs for moving Tenant’s furniture, equipment, supplies and other personal property. Notwithstanding the foregoing, if Landlord delivers the Relocation Notice to Tenant during the final twelve (12) months of the Term (as extended), within ten (10) days after receipt of the Relocation Notice, Tenant may deliver a written termination notice (the “Tenant Relocation Response”) to Landlord indicating that Tenant will terminate the Lease as of the relocation date set forth in the Relocation Notice (the “Relocation Termination Date”). District If Landlord desires to revoke the Relocation Notice and negate the Tenant Relocation Notice, Landlord shall give Provider at least one-hundred twenty provide written notice to Tenant within ten (12010) calendar days’ notice days after receipt of District’s need to move or relocate the Solar FacilityTenant Relocation Notice, in which case the Lease shall continue in full force and effect. Following agreement on a If Landlord does not revoke the Relocation SiteNotice, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District Lease shall pay Provider’s actual and necessary costs in connection with the relocation terminate as of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension RateRelocation Termination Date, as defined below, prorated as needed to apply on a daily basis. District shall also execute if such consents or releases reasonably required by Provider or Provider’s financing parties in connection with date were the relocation. Within thirty (30) days of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written notice. In the event that an acceptable Relocation Site cannot be agreed upon, District shall pay Provider an amount equal to the original Termination Value for the Site requiring termination. In the event of a termination occurring under this Section 11, following receipt of payment from District of the Termination Value, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3, at no additional cost to DistrictDate.

Relocation. On or after the seventh (7th) anniversary of the Commercial Operation Date, District mayLandlord, at its optionexpense, require shall be entitled to cause Tenant to relocate from the Premises to comparably improved space (including similarly configured computer, training and demonstration rooms) containing at least the same Rentable Area as the Premises (the "Relocation Space") within the Building one (1) time during the initial Lease Term and, if Tenant exercises its Option to Extend, one (1) time during the Renewal Term, upon ninety (90) days prior written notice to Tenant, provided that the Solar Facility Relocation Space shall be permanently relocatedlocated on or above the fourth (4th) floor of the Building. Notwithstanding the foregoing, either on the Site or to another site owned and operated by District, at if Landlord provides Tenant with a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). District shall give Provider at least one-hundred twenty (120) calendar days’ notice of District’s need relocation during the last fifteen (15) months of the Lease Term or of the Renewal Term, Tenant shall have the right to move or relocate terminate this Lease by giving notice to Landlord within ten (10) days after the Solar Facilitydate of Landlord's notice of relocation to Tenant. Following agreement on a Relocation SiteSuch termination shall be effective ninety (90) days after the date of Landlord's notice of relocation, provided that Landlord, within ten (10) days after receipt of Tenant's notice of termination, shall have the Parties will amend this Agreement right to memorialize the required changes in the definition withdraw its notice of “Site” and other changes required to memorialize the relocation. District In such event, this Lease shall pay Provider’s actual continue in full force and necessary effect as if Landlord had never provided Tenant with notice of relocation. Landlord agrees to reimburse Tenant for all reasonable costs actually incurred in connection with the Relocation, including, but not limited to, the cost of reprinting existing stationery and business cards, moving telephone and data cabling, graphics and similar Items of expense. Such a relocation shall not affect this Lease except that from and after the date of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required by Provider or Provider’s financing parties in connection with the relocation. Within thirty (30) days of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, "Premises" shall refer to the Relocation Space into which Tenant has been moved, rather than the original Premises as herein defined, and the total anticipated amount Base Rental shall be adjusted so that immediately following such relocation the Base Rental for the Relocation Space per annum on a per square foot of lost revenues Rentable Area basis shall be the same as the Base Rental per annum immediately prior to such relocation for the original Premises on a per square foot of Rentable Area basis, provided that the Base Rental and additional costs to be incurred by Provider as a result of such relocationAdditional Base Rental for the Relocation Space shall in no event exceed the Base Rental and Additional Base Rental for the original Premises. District will have twenty (20) days to review Notwithstanding the calculation and makeforegoing, in writing, any objections to the calculation. If an acceptable Relocation Site canLandlord shall not be located, this Agreement shall terminate with respect entitled to the applicable Site, upon Provider’s thirty (30) days’ written notice. In relocate Tenant in the event that an acceptable Relocation Site cannot be agreed upon, District shall pay Provider an amount equal to the Termination Value for the Site requiring termination. In the event of a termination occurring under this Section 11, following receipt of payment from District Rentable Area of the Termination Value, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3, at no additional cost to DistrictPremises becomes 15,000 or more square feet.

Relocation. On or after the seventh (7th) anniversary of the Commercial Operation Date, District Landlord may, at its optionupon 90 days notice to Tenant, require that relocate the Solar Facility be permanently relocated, either Premises to any other premises within the Property (“Relocated Premises”) on the Site or to another site owned and operated by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties date of relocation (the “Relocation SiteDate”)) specified therein. District The Relocated Premises shall give Provider in all respects be substantially die same or better, as reasonably determined by Landlord, in area, finish, and appropriateness for the Permitted Use. In such event, all reasonable expenses of moving Tenant and decorating the Relocated Premises with substantially the same leasehold improvements shall be at least one-hundred twenty (120) calendar days’ notice the expense of DistrictLandlord, including the physical move, relocating Tenant’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” existing telephone equipment and other costs set Forth below. All moving costs (including the cost to relocate phones, computers and other systems of similar nature), all costs of reprinting stationery, cards and other printed material bearing Tenant’s address at the Premises if such address changes required due to memorialize the relocation (but only the quantity existing immediately prior to the relocation. District shall pay Provider’s actual ) and necessary all other out-of-pocket costs directly incurred by Tenant in connection with relocation to the relocation of the Solar FacilityRelocated Premises, including removal reasonable decorating and design costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required paid by Provider or Provider’s financing parties in connection with the relocation. Within Landlord within thirty (30) days after receipt of agreement on a Relocation Sitethird-party invoices therefor. Tenant shall have the option, Provider will provide District with a calculation effective as of the estimated time required for such relocationRelocation Date, and either to enter into an appropriate lease amendment relocating the total anticipated amount of lost revenues and additional costs Premises, or to terminate this Lease, which option shall be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written notice. In the event that an acceptable Relocation Site cannot be agreed upon, District shall pay Provider an amount equal to the Termination Value for the Site requiring termination. In the event of a termination occurring under this Section 11, exercised within 10 Business Days following receipt of payment from District Landlord’s relocation notice. Failure of Tenant to choose either option within such period shall constitute Tenant’s election to relocate. If Tenant elects (or is deemed to have elected) to relocate, Landlord shall have the option to tender the Relocated Premises to Tenant on any date within a 30 day period prior to or after the Relocation Date, in which event the date of tender of possession of the Termination ValueRelocated Premises shall become the Relocation Date. From the Relocation Date through the Expiration Date, Provider the aggregate Base Rent for the Relocated Premises shall remove be the Solar Facility same as for the original Premises. Tenant’s failure to vacate the Premises and restore move into the Site in accordance with Section 3, at no additional cost to DistrictRelocated Premises on the Relocation Date shall constitute a Time Sensitive Default.

Relocation. On or after Landlord shall have the seventh right at any time during the Term to relocate the Premises to substitute space (7thfor purposes of this Article, the “Relocation Space”) anniversary in another part of the Commercial Operation Date, District may, at its option, require that the Solar Facility be permanently relocated, either on the Site Building or to another site owned and operated by Districtbuilding in the Project provided that: (a) the size of the Relocation Space shall not be less than 90% of the size of the Premises from which Tenant is being relocated (for purposes of this Article, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties (the “Relocation SitePrevious Space”). District shall give Provider at least one-hundred twenty ; (120b) calendar days’ notice of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the physical relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District Premises shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, accomplished by Landlord at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District its cost; (c) Landlord shall also execute such consents or releases reasonably required by Provider or Provider’s financing parties in connection with the relocation. Within give Tenant at least thirty (30) days prior Notice of agreement on a Relocation Site, Provider will provide District with a calculation Landlord’s intention to relocate the Premises; (d) all reasonable and actual out of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional pocket costs to be incurred by Provider Tenant as a result of the relocation, including costs incurred in changing addresses on stationery, business cards, directories, advertising, and other such relocationitems, shall be paid by Landlord, in an amount not to exceed One Thousand Dollars ($1,000.00); and (e) if the square footage of the Relocation Space is not the same as the square footage of the Previous Space, the Base Rent shall be adjusted to a sum computed by multiplying the Base Rent specified in the Summary by a fraction, the numerator of which shall be the total number of square feet in the Relocation Space, and the denominator of which shall be the total number of square feet in the Previous Space, and Tenant’s Share shall be adjusted to reflect the percentage of Rentable Area in the Building allocable to the Relocation Space. District will have twenty Within ten (2010) days following the request of Landlord, Tenant shall execute and return to review Landlord an amendment to this Lease confirming the calculation new location of the Premises and make, in writing, any objections to the calculationresulting adjustment of Base Rent and Tenant’s Share. If an acceptable Relocation Site cannot be located, this Agreement Landlord shall terminate with respect to the applicable Site, upon Providerreimburse Tenant’s relocation costs within thirty (30) days’ written noticedays following Landlord’s receipt of such amendment executed by Tenant and reasonably acceptable evidence of Tenant’s payment for all such relocation costs, including unconditional lien releases and invoices evidencing the actual costs. In Tenant agrees that it shall make request for reimbursement of all such costs at the same time, and in no event that an acceptable later than ninety (90) days following the date the Relocation Site canSpace is made available for occupancy by Tenant. Landlord shall have no obligation to reimburse any item for which Tenant has not requested reimbursement by such date. Notwithstanding anything to the contrary in the foregoing, the provisions of this Article 30 shall not be agreed uponapplicable or enforceable by Landlord during the Term of this Lease expiring on October 31, District shall pay Provider an amount equal to the Termination Value for the Site requiring termination. In the event of a termination occurring under this Section 11, following receipt of payment from District of the Termination Value, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3, at no additional cost to District2006.

Relocation. On or after the seventh (7th) anniversary of the Commercial Operation Date, District mayLandlord, at its option, require that the Solar Facility be permanently relocated, either on the Site or to another site owned and operated by Districtexpense, at a location with at least equal Insolation any time before or during the Term, may relocate Tenant from the Premises to the existing Site space of reasonably comparable size, window lines, utility and reasonably acceptable to both Parties improvements (the “Relocation SiteSpace”)) within the Building or business park of which the Building is a part upon ninety (90) days prior notice to Tenant. District shall give Provider at least one-hundred twenty (120) calendar days’ notice From and after the date of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Siterelocation, the Parties Fixed Basic Rent and Tenant’s Percentage will amend this Agreement to memorialize be adjusted based upon the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation gross rentable area of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during Relocation Space; but in no event will the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents Fixed Basic Rent or releases reasonably required by Provider or ProviderTenant’s financing parties in connection with the relocation. Within thirty (30) days of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider Percentage increase as a result of such relocation. District Landlord will pay Tenant the actual, reasonable out of pocket moving costs incurred by Tenant in connection with such relocation. Landlord will have twenty (20) days to review no liability for any interference with Tenant’s business resulting from such relocation. Landlord shall bear and pay for the calculation cost and makeexpense of any such relocation including, in writing, the moving of any objections to furniture and equipment and the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written noticereprinting of existing stationery. In connection with any such relocation, the event that an acceptable Landlord shall, at its own cost and expense, furnish and install in (or, if practicable, relocate to) the Relocation Site cannot be agreed uponSpace all walls, District shall pay Provider an amount equal partitions, floors, floor coverings, ceilings, fixtures, wiring and plumbing, if any, (as distinguished from trade fixtures, equipment, furniture, furnishings and other personal property belonging to the Termination Value Tenant) required for the Site requiring terminationTenant's proper use and occupancy thereof, all of which items shall be comparable in quality to those situated in the Premises. In the event of a termination occurring under this Section 11The Landlord shall make reasonable efforts to minimize such interference and, following receipt of payment from District of the Termination Valueif requested by Tenant, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3relocate Tenant during Saturdays, at no additional cost to DistrictSundays and/or Business Holidays.

Relocation. On or after Prior to the seventh (7th) anniversary last two years of the Commercial Operation DateRenewal Term (but not during the initial Term) and only once during the Renewal Term, District mayLandlord, at its optionsole expense, on at least one hundred fifty (150) days’ prior written notice to Tenant (“Relocation Notice”) may require that Tenant to move from the Solar Facility be permanently relocated, either on Premises to another suite of substantially comparable size and decor in the Site Building or in the Project (“New Premises”) in order to permit Landlord to consolidate the Premises with other adjoining space leased or to be leased to another site owned tenant in the Building. In the event of any such relocation, Landlord shall pay all the expenses of preparing and operated by District, at a location with at least equal Insolation decorating the New Premises so that they will be substantially similar to the existing Site Premises and reasonably acceptable shall also pay the expenses of moving Tenant’s furniture and equipment to both Parties (the “Relocation Site”). District shall give Provider at least one-hundred twenty (120) calendar days’ notice of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” New Premises as well as any other reasonable and other changes required to memorialize necessary costs arising directly from the relocation. District In the event the New Premises is larger than the Premises, the Fixed Rent payable by Tenant shall pay Provider’s actual and necessary costs in connection with not increase, however, if the New Premises is smaller than the Premises, the Fixed Rent shall be recalculated based on the new square footage. Tenant shall execute any reasonable amendment evidencing the terms of the relocation as Landlord may require in its reasonable discretion. Landlord shall advise Tenant in the Relocation Notice of the Solar Facilityproposed New Premises. If Tenant, including removal costsin its sole discretion, necessary storage costsdoes not approve of the New Premises, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would reason, then Tenant shall have generated during the period in which energy cannot be generated and delivered right to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed terminate this Lease by sending written notice to apply on a daily basis. District shall also execute such consents or releases reasonably required by Provider or Provider’s financing parties in connection with the relocation. Within Landlord within thirty (30) days of agreement on a Relocation Site, Provider will provide District with a calculation receipt of the estimated time required Relocation Notice. Such termination shall be effective as of the date proposed by Landlord for such relocation, and relocation in the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written noticeNotice. In the event that Landlord or an acceptable Relocation Site cannot be agreed upon, District shall pay Provider an amount equal affiliate of Landlord constructs a sister building to the Termination Value Building, Landlord shall use best efforts to relocate Tenant and Tenant’s affiliate Xxxxx & Company to the sister building. In any event, if Landlord were to relocate Tenant or Xxxxx & Company and not its affiliate, in no event would Tenant or Xxxxx in Company be responsible for the Site requiring termination. In improvements which would be required to separate the event of two spaces and provide the remaining space with a termination occurring under this Section 11, following receipt of payment from District of the Termination Value, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3, at no additional cost to DistrictPremises lobby.

Relocation. On or after the seventh (7th) anniversary of the Commercial Operation Date, District mayLandlord, at its optionexpense, require at any time before or during the Term, may relocate Tenant from the Premises to space of reasonably comparable size and utility (“Relocation Space”) within the Building or adjacent buildings within the same project upon 60 days’ prior written notice to Tenant. So long as Tenant is leasing Suites 220 and 240 consisting of approximately 1,546 and 4,407 rentable square feet respectively in the Building from Landlord, Landlord and Tenant understand and agree that to be a “reasonably comparable space” for purposes of this Section XXIV, the Solar Facility Relocation Space must be permanently relocatedreasonably comparable (when viewed in combination with other space leased by Tenant from Landlord) to the combined space consisting of the Premises and Sxxxx 000 xxx Xxxxx 000. From and after the date of the relocation, either the Base Rent and Tenant’s Pro Rata Share shall be adjusted based on the Site rentable square footage of the Relocation Space. Landlord shall pay Tenant’s reasonable costs of relocation, including all costs for moving Tenant’s furniture, equipment, supplies and other personal property, as well as the cost of printing and distributing change of address notices to Tenant’s customers and one month’s supply of stationery (and other reasonable, “address-change sensitive” written materials) showing the new address. Unless otherwise agreed to in writing by Tenant, Landlord shall effect the relocation move into the Relocation Space after 5:00 p.m. on a Friday, during a weekend or to another site owned and operated by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties on any Building Holiday (the “Approved Relocation SiteTimes”). District shall give Provider at least one-hundred twenty (120) calendar days’ notice of Districtso that Tenant’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize business is not interrupted during the relocation. District shall pay Provider’s actual and necessary costs in connection with Notwithstanding the foregoing, if Landlord fails to substantially complete the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy Approved Relocation Times and, as a result thereof, Tenant cannot be generated and delivered to District from open in the Solar Facility being relocatedRelocation Space on the Business Day immediately following the relocation during the Approved Relocation Times, at District Suspension RateTenant, as defined belowits sole remedy, prorated as needed shall be entitled to apply on receive a daily basisper diem abatement of Base Rent for each Business Day the relocation prohibits the Tenant from operating its business. District Tenant, however, shall also execute not be entitled to an abatement to the extent Tenant is prohibited from operating its business during such consents or releases reasonably required by Provider or Provider’s financing parties in connection with the relocation. Within thirty (30) days of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider Business Day as a result of such relocation. District will have twenty (20) days to review the calculation and makeacts or omissions of Tenant, in writingits agents, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written notice. In the event that an acceptable Relocation Site cannot be agreed upon, District shall pay Provider an amount equal to the Termination Value for the Site requiring termination. In the event of a termination occurring under this Section 11, following receipt of payment from District of the Termination Value, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3, at no additional cost to Districtemployees or contractors.

Relocation. On Relocation of victims (generally, where necessary for the safety and well-being of a victim), including, but not limited to, reasonable moving expenses, security deposits on housing, rental expenses, and utility startup costs. VOCA funds may be used in cases where victims may need assistance to remain in their current housing. “Reasonable moving expenses” may include, but are not limited to, cost to prepare personal effects and household items for transport, cost to transport personal effects and household items, cost to rent a storage unit for up to 30 days, cost of traveling to the new location using personal or after public transportation, and cost of food or lodging during the seventh (7th) anniversary trip to the new location. Refundable security deposits for housing and utilities: Grantees are discouraged from paying for refundable security deposits, but if a security deposit would be an insurmountable obstacle for a victim to access housing or secure or retain utilities, then such costs would be allowed as “ordinary and necessary…for the proper and efficient performance of the Commercial Operation DateFederal award” (Uniform Guidance, District may§200.404). Grantees must exercise their “established practices and policies” (Uniform Guidance, at its option, require that §200.404) regarding the Solar Facility be permanently relocated, either on the Site or to another site owned and operated by District, at a location with at least equal Insolation reimbursement of security deposit refunds to the existing Site VOCA program. A security deposit refund would not be considered program income. Grantees must get advance approval from CVSSD for any relocation costs involving international travel. VOCA cannot pay mortgage costs. Grantees choosing to use funds for relocation should be prepared to provide CVSSD with a clear justification for how the relocation/housing assistance is reasonably necessary as a direct result of the victimization. Relocation/housing assistance costs should not exceed two years per victim. Subgrantees may request an exception to this limit from their Fund Coordinator. Due to the potentially high cost and reasonably acceptable complicated nature of relocation/housing assistance services, any Grantee proposing to both Parties (fund relocation/housing assistance for longer than 3 months for any victim, must submit a relocation/housing assistance policy to CVSSD in advance of providing such housing. If applicable, Grantees who have received approval from CVSSD to earn program income, must abide by the “Relocation Site”). District shall give Provider at least one-hundred twenty (120) calendar days’ notice of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes program income provisions included in the definition of “Site” DOJ Grants Financial Guide (3.4 Program Income) and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation of the Solar FacilityUniform Administrative Requirements, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costsCost Principles, and any applicable interconnection fees. District shall additionally compensate Provider Audit Requirements for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocatedFederal Awards (Program Income, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required by Provider or Provider’s financing parties in connection with the relocation. Within thirty (30) days of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written notice. In the event that an acceptable Relocation Site cannot be agreed upon, District shall pay Provider an amount equal to the Termination Value for the Site requiring termination. In the event of a termination occurring under this Section 11, following receipt of payment from District of the Termination Value, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3, at no additional cost to District2 C.F.R. §200.307).

Relocation. On or after the seventh (7th) anniversary of the Commercial Operation Date, District Landlord may, at its optionupon 60 days notice to Tenant, require that relocate the Solar Facility be permanently relocated, either Premises to any other premises within the Property (“Relocated Premises”) on the Site or to another site owned and operated by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties date of relocation (the “Relocation SiteDate”)) specified therein. District The Relocated Premises shall give Provider in all respects be substantially the same or better, as reasonably determined by Landlord, in area, finish, and appropriateness for the Permitted Use. In such event, all reasonable expenses of moving Tenant and decorating the Relocated Premises with substantially the same leasehold improvements shall be at least one-hundred twenty (120) calendar days’ notice the expense of DistrictLandlord, including the physical move, relocating Tenant’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” existing telephone equipment and other costs set forth below. All moving costs (including the cost to relocate phones, computers and other systems of similar nature), all costs of reprinting stationery, cards and other printed material bearing Tenant’s address at the Premises if such address changes required due to memorialize the relocation (but only the quantity existing immediately prior to the relocation. District shall pay Provider’s actual ) and necessary all other out-of-pocket costs directly incurred by Tenant in connection with relocation to the relocation of the Solar FacilityRelocated Premises, including removal reasonable decorating and design costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required paid by Provider or Provider’s financing parties in connection with the relocation. Within Landlord within thirty (30) days after receipt of agreement on a Relocation Sitethird-party invoices therefor. Tenant shall have the option, Provider will provide District with a calculation effective as of the estimated time required for such relocationRelocation Date, and either to enter into an appropriate lease amendment relocating the total anticipated amount of lost revenues and additional costs Premises, or to terminate this Lease, which option shall be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written notice. In the event that an acceptable Relocation Site cannot be agreed upon, District shall pay Provider an amount equal to the Termination Value for the Site requiring termination. In the event of a termination occurring under this Section 11, exercised within 10 Business Days following receipt of payment from District Landlord’s relocation notice. Failure of Tenant to choose either option within such period shall constitute Tenant’s election to relocate. If Tenant elects (or is deemed to have elected) to relocate, Landlord shall have the option to tender the Relocated Premises to Tenant on any date within a 30 day period prior to or after the Relocation Date, in which event the date of tender of possession of the Termination ValueRelocated Premises shall become the Relocation Date. From the Relocation Date through the Expiration Date, Provider the aggregate Base Rent for the Relocated Premises shall remove be the Solar Facility same as for the original Premises. Tenant’s failure to vacate the Premises and restore move into the Site in accordance with Section 3, at no additional cost to DistrictRelocated Premises on the Relocation Date shall constitute a Time Sensitive Default.

Relocation. On or after the seventh (7th) anniversary Effective as of the Commercial Operation Effective Date (defined below), Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Relocation Premises on the terms and conditions of the Lease as herein modified. Accordingly, on the Effective Date, District may(a) subject to Section 10 hereof, at its option, require that the Solar Facility be permanently relocated, either on the Site or to another site owned and operated by District, at a location with at least equal Insolation Lease shall terminate as to the existing Site and reasonably acceptable to both Parties Current Premises, (b) the Relocation Premises shall be the “Premises”, and (c) the monthly Basic Rent shall be as set forth below. Tenant accepts the Relocation SitePremises in an “AS-IS” condition, and Landlord shall not be required to perform any demolition or tenant-finish work therein or provide any allowances therefor, except as expressly set forth in Section 6 below. As used herein, the “Effective Date” means the earliest of (1) the date on which Tenant occupies any portion of the Relocation Premises and begins conducting business therein, (2) the date on which the Work (as defined in Exhibit B hereto) in the Relocation Premises is Substantially Completed (as defined in Exhibit B hereto), or (3) the date on which the Work in the Relocation Premises would have been Substantially Completed but for the occurrence of any Tenant Delay Days (as defined in Exhibit B hereto). Landlord and Tenant presently anticipate that possession of the Relocation Premises will be tendered to Tenant in the condition required by this Amendment on or about the 120th day following full execution of this Amendment by Landlord and Tenant the “Estimated Delivery Date”). District If Landlord is unable to tender possession of the Relocation Premises in such condition to Tenant by the Estimated Delivery Date, then (A) the validity of this Amendment or the Lease shall give Provider at least one-hundred twenty not be affected or impaired thereby, (120B) calendar days’ notice Landlord shall not be in default hereunder or be liable for damages therefor, and (C) Tenant shall accept possession of District’s need the Relocation Premises when Landlord tenders possession thereof to move or relocate Tenant. Notwithstanding the Solar Facility. Following agreement on a Relocation Siteforegoing, if the Parties will amend this Agreement to memorialize the required changes Work in the definition Relocation Premises is not Substantially Completed by the Abatement Date, daily Basic Rent for the Current Premises shall be abated for each day thereafter and ending on the day Landlord tenders possession of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection Relocation Premises (with the relocation Work to be performed by Landlord therein Substantially Completed). The abatement rights afforded to Tenant under this Section 1 shall be Tenant’s sole remedy for Landlord’s failure to timely Substantially Complete the Work in the Relocation Premises. As used herein, “Abatement Date” means the Estimated Delivery Date, plus the number of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required by Provider or Provider’s financing parties in connection with the relocation. Within thirty (30) days of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, Tenant Delay Days and the total anticipated amount number of lost revenues and additional costs to be incurred by Provider as a result of such relocationForce Majeure Delay Days. District will have twenty (20) days to review the calculation and makeAs used herein, “Force Majeure Delay Days” means any delay in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate achieving Substantial Completion with respect to the applicable SiteWork for the reasons specified in Section 25.3 of the Original Lease. Within ten business days following Landlord’s written request therefor, upon Provider’s thirty Tenant shall execute and deliver to Landlord a letter substantially in the form of Exhibit C hereto confirming (30i) days’ written notice. In the event Effective Date, (ii) that an acceptable Tenant has accepted the Relocation Site cannot be agreed uponPremises, District shall pay Provider an amount equal and (iii) that Landlord has performed all of its obligations with respect to the Termination Value Relocation Premises (except for punch-list items specified in such letter); however, the Site requiring termination. In the event of a termination occurring under this Section 11, following receipt of payment from District failure of the Termination Value, Provider parties to execute such letter shall remove not defer the Solar Facility and restore Effective Date or otherwise invalidate the Site in accordance with Section 3, at no additional cost to DistrictLease or this Amendment.

Relocation. On or after the seventh (7th) anniversary of the Commercial Operation Date, District mayLandlord, at its optionexpense, require at any time before or during the Term, may relocate Tenant from all or any portion of the Premises (provided, however, that Landlord may not relocate Tenant from any portion of any floor of the Solar Facility be permanently relocatedBuilding unless Landlord relocates Tenant from the entirety of the portion of the Premises that is located on such floor) to space of reasonably comparable size and utility ("RELOCATION SPACE") within the Building upon 60 days' prior written notice to Tenant, either provided that if Landlord shall relocate Tenant from the portion of the Premises located on the Site 6th floor of the Building, the Relocation Space for such portion of the Premises shall be located on or above the 7th floor of the Building. Notwithstanding the foregoing, Landlord shall not be entitled to another site owned relocate Tenant during the period beginning October 15th of any calendar year and operated by Districtending January 15th of the immediately following calendar year. The Relocation Space for the Premises (or any portion thereof) must contain similar finishes as the Premises (or such portion thereof), at and approximately the same Rentable Square Footage as the Premises (or such portion thereof) and the same number of work stations, offices, breakrooms and reception areas as are contained in the Premises (or such portion thereof) as of the date Tenant receives Landlord's notice of relocation. In addition, any Relocation Space for any portion of the Premises located on any single floor of the Building shall be not be deemed to be of reasonably comparable size and utility unless such Relocation Space is located on a location with at least equal Insolation single floor of the Building. From and after the date of the relocation, the Base Rent and Tenant's Pro Rata Share shall be adjusted based on the rentable square footage of the Relocation Space. Landlord shall pay Tenant's reasonable costs of relocation, including all costs for moving Tenant's furniture, equipment, supplies and other personal property, as well as the cost of printing and distributing change of address notices to Tenant's customers and one month's supply of stationery showing the new address. Landlord shall also reimburse Tenant for the reasonable cost to install and connect telecommunication and data cabling in the Relocation Space in the manner and to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). District shall give Provider at least one-hundred twenty (120) calendar days’ notice of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes extent such cabling existed in the definition of “Site” and other changes required Premises (or the applicable portion thereof) prior to memorialize the relocation. District Notwithstanding anything to the contrary contained in this Section 21, Landlord shall pay Provider’s actual and necessary costs in connection with the relocation have no right, pursuant to this Section 21, to relocate Tenant from any portion of the Solar FacilityPremises, including removal costsother than from the portion of the Premises located on the 3rd floor, unless: (i) such relocation is necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning coststo enable a Qualified Tenant (defined below) to lease such portion of the Premises, and (ii) such portion of the Premises is located either (a) adjacent to all or any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during portion of the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as Qualified Space (defined below) on the same floor of the Building, prorated as needed to apply or (b) on a daily basis. District shall also execute such consents or releases reasonably required by Provider or Provider’s financing parties in connection with the relocation. Within thirty (30) days of agreement on a Relocation Site, Provider will provide District with a calculation floor of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as Building located immediately above or below a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, floor containing all or any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written notice. In the event that an acceptable Relocation Site cannot be agreed upon, District shall pay Provider an amount equal to the Termination Value for the Site requiring termination. In the event of a termination occurring under this Section 11, following receipt of payment from District portion of the Termination ValueQualified Space. As used herein, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3, at no additional cost to District."

Relocation. On or after the seventh (7th) anniversary of the Commercial Operation Date, District Landlord may, upon 90 days notice to Tenant, relocate the Premises to any other premises within the Property ("Relocated Premises") on a date of relocation (the "Relocation Date") specified therein. The Relocated Premises shall in all respects be substantially the same or better, as reasonably determined by Landlord, in area, finish, and appropriateness for the Permitted Use. In such event all reasonable expenses of moving Tenant and decorating the Relocated Premises with substantially the same leasehold improvements shall be at its optionthe expense of Landlord, require that including the Solar Facility be permanently relocatedphysical move, either on relocating Tenant's existing telephone equipment and other costs set forth below. All moving costs (including the Site or cost to another site owned relocate phones, computers and operated by Districtother systems of similar nature), all costs of reprinting stationery, cards and other printed material bearing Tenant's address at a location with at least equal Insolation the Premises if such address changes due to the relocation (but only the quantity existing Site and reasonably acceptable immediately prior to both Parties (the “Relocation Site”). District shall give Provider at least one-hundred twenty (120) calendar days’ notice of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual ) and necessary all other out-of-pocket costs directly incurred by Tenant in connection with relocation to the relocation of the Solar FacilityRelocated Premises, including removal reasonable decorating and design costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required paid by Provider or Provider’s financing parties in connection with the relocation. Within Landlord within thirty (30) days after receipt of agreement on a Relocation Sitethird-party invoices therefor. Tenant shall have the option, Provider will provide District with a calculation effective as of the estimated time required for such relocationRelocation Date, and either to enter into an appropriate lease amendment relocating the total anticipated amount of lost revenues and additional costs Premises, or to terminate this Lease, which option shall be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written notice. In the event that an acceptable Relocation Site cannot be agreed upon, District shall pay Provider an amount equal to the Termination Value for the Site requiring termination. In the event of a termination occurring under this Section 11, exercised within 10 Business Days following receipt of payment from District Landlord's relocation notice. Failure of Tenant to choose either option within such period shall constitute Tenant's election to relocate. If Tenant elects (or is deemed to have elected) to relocate, Landlord shall have the option to tender the Relocated Premises to Tenant on any date within a 30 day period after the Relocation Date, in which event the date of tender of possession of the Termination ValueRelocated Premises shall become the Relocation Date. From the Relocation Date through the Expiration Date, Provider the aggregate Base Rent for the Relocated Premises shall remove be the Solar Facility same as for the original Premises. Tenant's failure to vacate the Premises and restore move into the Site in accordance with Section 3, at no additional cost to DistrictRelocated Premises on the Relocation Date shall constitute a Time Sensitive Default.

Relocation. On or after one (1) occasion following the seventh date of execution of this Lease by Landlord and Tenant, on at least ninety (7th90) anniversary days’ prior notice to Tenant, Landlord shall have the right to move Tenant out of the Commercial Operation Date, District may, at its option, require that the Solar Facility be permanently relocated, either on the Site or to another site owned Premises and operated by District, at a location with into premises having at least equal Insolation to floor space and linear fenestration of windows located on the existing Site top two (2) floors of the Building for the duration of the Term. In the event Landlord exercises this right of relocation, Landlord shall decorate and reasonably acceptable to both Parties (the “Relocation Site”). District shall give Provider at least one-hundred twenty (120) calendar days’ notice of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes construct improvements in the definition of “Site” new premises equivalent to those in the Premises and remove, relocate and reinstall Tenant’s Property including furniture, trade fixtures, furnishings, cabling, wiring, equipment and other changes required personal property, and, if installed in the Premises, submeters equivalent to memorialize those in the relocationPremises to measure Tenant’s use of electricity, all at the sole cost and expense of Landlord. District When the substitute new premises are ready for delivery by Landlord, Tenant shall pay Provider’s actual and necessary costs in surrender the Premises. In connection with the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required by Provider or Provider’s financing parties in connection with the relocation. Within thirty (30) days of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, Landlord shall, at Landlord’s sole cost and expense, (i) if such relocation causes a change in Tenant’s address at the total anticipated amount Premises shown on Tenant’s letterhead and business cards, provide Tenant with a reasonable supply of lost revenues new letterhead and additional costs to be business cards reflecting such changed address and (ii) reimburse Tenant for the actual reasonable out-of-pocket cost incurred by Provider as Tenant in printing and mailing to Tenant’s vendors and customers having contact with Tenant at the Premises a result notice of such relocation. District will have twenty (20) days to review the calculation and make, in writing, Following any objections to the calculation. If an acceptable Relocation Site cannot be locatedsuch relocation, this Agreement Lease shall terminate with respect to continue in full force and effect except for the applicable Sitedescription of the Premises and Tenant’s Share which, upon Provider’s thirty (30) days’ written notice. In completion of such relocation, shall be deemed amended to describe the event that an acceptable Relocation Site cannot be agreed uponsubstitute new premises and pro rata share, District respectively, to which Tenant shall pay Provider an amount equal to the Termination Value for the Site requiring termination. In the event of a termination occurring under this Section 11, following receipt of payment from District of the Termination Value, Provider shall remove the Solar Facility and restore the Site have been relocated in accordance with this Section 314.17. The Fixed Rent and Tenant’s Share shall be adjusted to reflect the size of the new premises, at no additional cost to Districtbut such adjustment shall not increase said Fixed Rent or Tenant’s Share, regardless of the size of the new premises.

Relocation. On or after the seventh (7th) anniversary of the Commercial Operation Date, District Landlord may, at its optionupon 90 days notice to Tenant, require that relocate the Solar Facility be permanently relocated, either Premises to any other premises within the Property (“Relocated Premises”) on the Site or to another site owned and operated by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties date of relocation (the “Relocation SiteDate”)) specified therein. District The Relocated Premises shall give Provider in all respects be substantially the same or better, as reasonably determined by Landlord, in area, finish, and appropriateness for the Permitted Use. In such event, all reasonable expenses of moving Tenant and decorating the Relocated Premises with substantially the same Ieasehold improvements shall be at least one-hundred twenty (120) calendar days’ notice the expense of DistrictLandlord, including the physical move, relocating Tenant’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” existing telephone equipment and other costs set forth below. All moving costs (including the cost to relocate phones, computers and other systems of similar nature), all costs of reprinting stationery, cards and other printed material bearing Tenant’s address at the Premises if such address changes required due to memorialize the relocation (but only the quantity existing immediately prior to the relocation. District shall pay Provider’s actual ) and necessary all other out-of-pocket costs directly incurred by Tenant in connection with relocation to the relocation of the Solar FacilityRelocated Premises, including removal reasonable decorating and design costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required paid by Provider or Provider’s financing parties in connection with the relocation. Within Landlord within thirty (30) days after receipt of agreement on a Relocation Sitethird-party invoices therefor. Tenant shall have the option, Provider will provide District with a calculation effective as of the estimated time required for such relocationRelocation Date, and either to enter into an appropriate lease amendment relocating the total anticipated amount of lost revenues and additional costs Premises, or to terminate this Lease, which option shall be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written notice. In the event that an acceptable Relocation Site cannot be agreed upon, District shall pay Provider an amount equal to the Termination Value for the Site requiring termination. In the event of a termination occurring under this Section 11, exercised within 15 Business Days following receipt of payment from District Landlord’s relocation notice. Failure of Tenant to choose either option within such period shall constitute Tenant’s election to relocate. If Tenant elects (or is deemed to have elected) to relocate, Landlord shall have the option to tender the Relocated Premises to Tenant on any date within a 30 day period prior to or after the Relocation Date, in which event the date of tender of possession of the Termination ValueRelocated Premises shall become the Relocation Date. From the Relocation Date through the Expiration Date, Provider the aggregate Base Rent for the Relocated Premises shall remove be the Solar Facility same as for the original Premises. Tenant’s failure to vacate the Premises and restore move into the Site in accordance with Section 3, at no additional cost to DistrictRelocated Premises on the Relocation Date shall constitute a Time Sensitive Default.

Relocation. On or after the seventh (7th) anniversary of the Commercial Operation Date, District mayLandlord, at its optionsole expense and discretion, may require that Tenant to relocate any or all of the Solar Facility be permanently relocated, either Equipment and Connecting Equipment located on the Site rooftop or within the Building, provided that such relocation does not materially and adversely impair the operation of the Equipment and Connecting Equipment or materially degrade the quality of transmission of the Equipment and Connecting Equipment. In the event Landlord requires Tenant to another site owned relocate Tenant’s Equipment or Connecting Equipment, as the case may be, Tenant shall within sixty (60) days either: (i) terminate this License upon written notice to Landlord; or (ii) commence efforts to relocate the Equipment or the Connecting Equipment, as the case may be, and operated by District, at a location complete their relocation with at least equal Insolation to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). District shall give Provider at least one-on hundred twenty (120) calendar days’ notice of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation days of the Solar Facilitydate of Landlord’s original notice to Tenant to relocate, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District in which event Landlord shall additionally compensate Provider reimburse Tenant for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered reasonable, actual, out-of-pocket costs or expenses paid by Tenant to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required by Provider or Provider’s financing third parties in connection with the such relocation. Within thirty (30) days Landlord will permit Tenant to perform a standard cutover procedure, if required by any relocation of agreement on Equipment, which will ensure that the relocated Equipment is operational for services prior to discontinuing service from the old location. In the event all or a Relocation Site, Provider will provide District with a calculation portion of the estimated time required roof membrane must be repaired or replaced, or any other Building maintenance need arises that requires the temporary removal of the Equipment and Connecting Equipment, Tenant shall be bully responsible, at its sole cost and expense, for such relocationthe removal and re-installation of all Equipment. Except in the case of emergencies, Landlord shall provide Tenant with forty-eight (48) hours notice of any planned repairs or replacements that will require the removal of Tenant’s Equipment, unless Landlord is unable to provide forty-eight (48) hours notice due to the nature of the repair or replacement, in which event Landlord shall provide as much notice as reasonably possible. Landlord shall promptly notify Tenant when the repair or replacement is complete and the total anticipated amount re-installation of lost revenues the Equipment may commence. All Equipment shall be re-installed in strict accordance with the specifications previously approved by Landlord and additional costs in effect at the time of the Equipment’s removal. Landlord shall have no liability to be Tenant or any third-party for any losses incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation relocation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written notice. In the event that an acceptable Relocation Site cannot be agreed upon, District shall pay Provider an amount equal to the Termination Value for the Site requiring termination. In the event of a termination occurring under this Section 11, following receipt of payment from District of the Termination Value, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3, at no additional cost to Districtre-installation.

Relocation. On or after At Landlord’s expense at any one time during the seventh Expansion Space Term (7th) anniversary but not prior to Tenant’s occupancy of the Commercial Operation Dateinitial Expansion Space as set forth on Exhibit A hereto) , District mayas the same may be extended by written agreement between the parties, at its option, require that Landlord shall be entitled to cause Tenant to relocate from the Solar Facility be permanently relocated, either on Expansion Space to space containing approximately the Site or to another site owned and operated by District, at a location with at least equal Insolation to same rentable area as the existing Site and reasonably acceptable to both Parties Expansion Space (the “Expansion Relocation SiteSpace”) within the Building at any time upon 60 days’ prior written notice to Tenant (“Expansion Relocation Notice”). District Such a relocation shall give Provider at least one-hundred twenty (120) calendar days’ notice not affect the Lease except that from and after the date of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required by Provider or Provider’s financing parties in connection with the relocation. Within thirty (30) days of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, “Expansion Space” shall refer to the Expansion Relocation Space into which Tenant has been moved, rather than the original Expansion Space as herein defined, and the total anticipated monthly Base Rent for the Expansion Relocation Space shall in no event exceed the total monthly Base Rent for the original Expansion Space prior to the relocation (as reduced by the Abated Base Rent as provided in Section 2.02 above). The Expansion Relocation Space shall be one contiguous space and shall include a kitchen, and Landlord shall, at Landlord’s sole cost and expense, (i) re-paint of the painted walls within the Expansion Relocation Space (with the necessary amount of lost revenues coats thereof) with substantially the same color as the existing walls within the Expansion Space, subject to color availability, and additional costs to be incurred by Provider (ii) re-carpet the carpeted areas within Expansion Relocation Space with substantially the same carpet as a result of such relocation. District will have twenty (20) days to review the calculation and makeexisting carpeted areas within the Expansion Space, in writing, any objections subject to the calculationcarpet availability. If an acceptable Landlord shall pay Tenant’s reasonable costs of relocation, including all costs for moving Tenant’s furniture, equipment, supplies and other personal property. Landlord shall also reimburse Tenant for the reasonable cost to install and connect telecommunication and data cabling in the Expansion Relocation Site cannot be located, this Agreement shall terminate with respect Space in the manner and to the applicable Site, upon Provider’s thirty (30) days’ written notice. In extent such cabling existed in the event that an acceptable Relocation Site cannot be agreed upon, District shall pay Provider an amount equal Expansion Space prior to the Termination Value for relocation (which such costs shall include any such cabling costs associated with connecting the Site requiring terminationExpansion Relocation Space to the Original Premises). In Notwithstanding anything to the event of a termination occurring under this Section 11contrary, following receipt of payment Landlord shall not have the right to cause Tenant to relocate from District of the Termination Value, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3, at no additional cost to DistrictExpansion Relocation Space.

Relocation. On or after The Landlord shall have the seventh (7th) anniversary right, in its sole discretion, from time to time, on not less than 60 days’ written notice to the Tenant, to relocate the Premises to other premises within the Project having approximately the same area as the Premises. The Landlord shall be entitled to designate the location of the Commercial Operation Datenew premises and the date by which the Tenant must relocate to the new premises, District mayand such location and date shall be specified in the written notice. As of the date so specified, at the Tenant’s right to use and occupy the Premises will terminate, whether or not the Tenant has moved, unless the Landlord has in its option, require that the Solar Facility be permanently relocated, either sole discretion by another notice in writing extended such date. The Tenant shall on the Site or to another site owned and operated by District, at a location with at least equal Insolation date set out in the notice from the Landlord relocate to the existing Site other premises and reasonably acceptable vacate the Premises, and the provisions of Section 9.3 shall apply in respect of the Premises on such date. If the Landlord relocates the Premises prior to both Parties (occupancy of the “Relocation Site”). District Premises by the Tenant, it shall give Provider at least one-hundred twenty (120) calendar days’ notice of District’s need reimburse the Tenant for all expenses already incurred by the Tenant in preparing to move into the Premises to the extent that such expenditure is for items or relocate materials not usable in the Solar Facilityalternate premises. Following agreement on a Relocation SiteIf the Landlord relocates the Tenant after occupancy of the Premises by the Tenant, the Parties will amend this Agreement Landlord shall provide the relocated premises improved to memorialize a standard and using materials of approximately the required changes same quality as the Leasehold Improvements which exist in the definition existing Premises at the time of “Site” relocation and other changes required to memorialize will reimburse the relocation. District shall pay Provider’s actual and necessary Tenant (upon receipt of copies of receipted third party invoices) for direct costs in connection with the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required by Provider or Provider’s financing parties in connection associated with the relocation, including, without limitation, moving costs, reprinting of a limited supply of stationery and supplies and disconnection and reconnection of telephone and computer equipment and systems. Within thirty (30) days In no case will the Tenant be reimbursed or compensated for indirect costs including overhead, overtime charges or loss of agreement on a Relocation Site, Provider profits and the Tenant will provide District minimize costs by re-using all fixtures and trade fixtures from the Premises where it is feasible to do so. The Landlord agrees to use reasonable efforts to effect the relocation with a calculation minimum of disruption to the Tenant’s business. The Landlord and the Tenant shall enter into a lease amending agreement in the Landlord's standard form to confirm the terms of the estimated time required for such relocationrelocation including, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writingwithout limitation, any objections adjustment to the calculation. If an acceptable Relocation Site cannot be located, Basic Rent if the Rentable Area of the relocated premises is different than the Rentable Area of the existing Premises and to confirm that all other terms and conditions of this Agreement Lease shall terminate apply with respect to the applicable Site, upon Provider’s thirty (30) days’ written noticerelocated premises for the remainder of the Term. In the event that an acceptable Relocation Site canthe Landlord exercises its rights hereunder, then the Tenant will not be agreed uponobligated to pay any amounts on account of Basic Rent, District shall pay Provider an amount equal to the Termination Value Operating Costs and Property Taxes for the Site requiring termination. In the event of a termination occurring under this Section 11, following receipt of payment from District of the Termination Value, Provider shall remove the Solar Facility and restore the Site in accordance with Section three (3, at no additional cost to District) calendar months.

Relocation. On or after If CONSULTANT elects during the seventh (7th) anniversary Term to relocate any portion of the Commercial Operation DateSystem, District mayincluding facilities used or required to provide the Institutional Network, at its optionCONSULTANT shall pay all costs associated with the relocation, require except in situations where the relocation is accompanied by additions or other work to benefit CITY and for which CITY agrees in writing to pay. If, under this Agreement, CITY requests during the Term that CONSULTANT relocate any portion of the Solar Facility be permanently relocatedSystem, either on including facilities used or required to provide the Site Institutional Network, and CONSULTANT is willing to accommodate CITY, CITY shall pay costs associated with the relocation; provided, however, if any part of the relocation arises out of or is related to another site owned and operated by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). District shall give Provider at least one-hundred twenty (120) calendar days’ notice of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition Services attributable to CONSULTANT’s act or omissions in breach of “Site” and other changes required to memorialize the relocation. District this Agreement, each party shall pay Provider’s actual and necessary costs in connection with the relocation its pro-rated portion of the Solar Facilitycosts of relocation; and further provided that in no event shall CITY pay or bear any costs if all or any portion of a relocation arises out of or is related to CITY exercising its police powers or other rights under applicable law, including removal coststhe Walnut Creek Municipal Code, necessary storage costswith respect to CITY’s right-of-way. If CONSULTANT is required, reby a municipality (including CITY exercising its police powers or other rights under applicable law, including the Walnut Creek Municipal Code, with respect to right-installationof-way) or other third party having or asserting legal authority, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and to relocate any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required by Provider or Provider’s financing parties in connection with the relocation. Within thirty (30) days of agreement on a Relocation Site, Provider will provide District with a calculation portion of the estimated time required for such relocationInstitutional Network, and the total anticipated amount CONSULTANT shall bear all costs arising out of lost revenues and additional costs to be incurred by Provider as a result of or associated with such relocation. District will have twenty (20) days to review the calculation and makeCONSULTANT, in writing, any objections to its reasonable discretion after consultation with and approval by the calculation. If an acceptable Relocation Site canCITY (which approval shall not be locatedunreasonably withheld, this Agreement conditioned, or delayed), shall terminate with respect determine the extent and timing of, and methods to the applicable Sitebe used for, upon Provider’s thirty (30) days’ written notice. In the event that an acceptable Relocation Site cannot relocation, which shall be agreed upon, District shall pay Provider an amount equal to the Termination Value for the Site requiring termination. In the event of a termination occurring under this Section 11, following receipt of payment from District of the Termination Value, Provider shall remove the Solar Facility and restore the Site performed in accordance with Section 3the construction and test specifications as more particularly described below. CONSULTANT shall use commercially reasonable efforts to minimize the disruption of CITY’s use of the Institutional Network. This provision is not intended to and shall not preempt, at no additional cost control over, or supersede the rights and obligations under law of the CITY of Walnut Creek as to Districtmanagement and control of the public right-of-way.

Relocation. On If Landlord shall reasonably determine that it is necessary due to structural or after environmental issues at the seventh (7th) anniversary of the Commercial Operation Datebuilding, District mayLandlord, at its optionexpense, require at any time before or during the Term, may relocate Tenant from the Premises to space of reasonably comparable size and utility (including the ratio of private offices and conference rooms, finish levels, wear and tear, similar IT network technology and telecommunications, etc.) (“Relocation Space”) within the Building or adjacent buildings within the same project upon 60 days’ prior written notice to Tenant. From and after the date of the relocation, the Base Rent and Tenant’s Pro Rata Share shall be adjusted based on the rentable square footage of the Relocation Space, provided that the Solar Facility be permanently relocated, either on total monthly Base Rent for the Site or Relocation Space shall in no event exceed the total monthly Base Rent for the premises prior to another site owned and operated by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). District shall give Provider at least one-hundred twenty (120) calendar days’ notice of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District Landlord shall pay ProviderTenant’s actual March 9, 2004 Matter ID Number: 11424 10 reasonable costs of relocation, including all costs for moving Tenant’s furniture, equipment, supplies and necessary costs other personal property, as well as the cost of printing and distributing change of address notices to Tenant’s customers and one month’s supply of stationery showing the new address. Landlord shall also reimburse Tenant for the reasonable cost to install and connect telecommunication and data cabling in connection with the Relocation Space in the manner and to the extent such cabling existed in the Premises prior to the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required by Provider or Provider’s financing parties in connection with the relocation. Within thirty (30) days of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and makeshall, in writingaddition, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written notice. In the event that an acceptable Relocation Site cannot be agreed upon, District shall pay Provider an amount Tenant a relocation fee equal to the Termination Value for the Site requiring termination. In the event 10% of a termination occurring all costs reimbursed to Tenant by Landlord under this Section 1121. Notwithstanding the foregoing, following if Landlord provides Tenant with a notice of relocation and Tenant, in its reasonable judgment, determines that the Relocation Space is not comparable to the Premises, Tenant shall have the right to terminate this Lease by giving written notice of termination to Landlord within 10 days after the date of Landlord’s notice of relocation to Tenant. Tenant’s notice of termination shall set forth the reasons why Tenant believes the Relocation Space is not comparable to the Premises. Such termination shall be effective 60 days after the date of Landlord’s notice of relocation, provided that Landlord, within 10 days after receipt of payment from District Tenant’s notice of termination, shall have the Termination Valueright to withdraw its notice of relocation. In such event, Provider this Lease shall remove the Solar Facility continue in full force and restore the Site in accordance effect as if Landlord had never provided Tenant with Section 3, at no additional cost to Districta notice of relocation.

Relocation. On or after The Landlord shall have the seventh (7th) anniversary right, in its sole discretion, from time to time, on not less than 60 days’ written notice to the Tenant, to relocate the Premises to other premises within the Project having approximately the same area as the Premises. The Landlord shall be entitled to designate the location of the Commercial Operation Datenew premises and the date by which the Tenant must relocate to the new premises, District mayand such location and date shall be specified in the written notice. As of the date so specified, at the Tenant’s right to use and occupy the Premises will terminate, whether or not the Tenant has moved, unless the Landlord has in its option, require that the Solar Facility be permanently relocated, either sole discretion by another notice in writing extended such date. The Tenant shall on the Site or to another site owned and operated by District, at a location with at least equal Insolation date set out in the notice from the Landlord relocate to the existing Site other premises and reasonably acceptable vacate the Premises, and the provisions of Section 9.3 shall apply in respect of the Premises on such date. If the Landlord relocates the Premises prior to both Parties (occupancy of the “Relocation Site”). District Premises by the Tenant, it shall give Provider at least one-hundred twenty (120) calendar days’ notice of District’s need reimburse the Tenant for all expenses already incurred by the Tenant in preparing to move into the Premises to the extent that such expenditure is for items or relocate materials not usable in the Solar Facilityalternate premises. Following agreement on a Relocation SiteIf the Landlord relocates the Tenant after occupancy of the Premises by the Tenant, the Parties will amend this Agreement Landlord shall provide the relocated premises improved to memorialize a standard and using materials of approximately the required changes same quality as the Leasehold Improvements which exist in the definition existing Premises at the time of “Site” relocation and other changes required to memorialize will reimburse the relocation. District shall pay Provider’s actual and necessary Tenant (upon receipt of copies of receipted third party invoices) for direct costs in connection with the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required by Provider or Provider’s financing parties in connection associated with the relocation, including, without limitation, moving costs, reprinting of a limited supply of stationery and supplies and disconnection and reconnection of telephone and computer equipment and systems. Within thirty (30) days In no case will the Tenant be reimbursed or compensated for indirect costs including overhead, overtime charges or loss of agreement on a Relocation Site, Provider profits and the Tenant will provide District minimize costs by re-using all fixtures and trade fixtures from the Premises where it is feasible to do so. The Landlord agrees to use reasonable efforts to effect the relocation with a calculation minimum of disruption to the Tenant’s business. The Landlord and the Tenant shall enter into a lease amending agreement in the Landlord's standard form to confirm the terms of the estimated time required for such relocationrelocation including, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writingwithout limitation, any objections adjustment to the calculation. If an acceptable Relocation Site cannot be located, Basic Rent if the Rentable Area of the relocated premises is different than the Rentable Area of the existing Premises and to confirm that all other terms and conditions of this Agreement Lease shall terminate apply with respect to the applicable Site, upon Provider’s thirty (30) days’ written notice. In the event that an acceptable Relocation Site cannot be agreed upon, District shall pay Provider an amount equal to the Termination Value relocated premises for the Site requiring termination. In the event of a termination occurring under this Section 11, following receipt of payment from District remainder of the Termination Value, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3, at no additional cost to DistrictTerm.

Relocation. On or Subject to the terms and conditions of this Section 2.7, at any time after the seventh execution of this Lease, Landlord shall have the one time right, but not the obligation, to relocate Tenant from the Premises into any other premises of approximately the same size, quality, and layout, located on the third (7th3rd) anniversary floor of the Commercial Operation Date, District may, at its option, require that the Solar Facility be permanently relocated, either on the Site or to another site owned and operated by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties Building (the “Relocation SitePremises”). District Such Relocation Premises shall give Provider be deemed to be the Premises for all purposes hereunder and this Lease shall be deemed modified accordingly and shall remain in full force and effect as so modified; provided, however, if the Relocation Premises is larger or smaller than the Premises, then Base Rent, Tenant’s Pro Rata Share of Operating Costs, and all other sums payable hereunder that are based upon the square footage of the Premises shall be proportionately adjusted (but shall not be increased during the initial Lease Term). In the event Landlord elects to relocate Tenant, Landlord shall provide Tenant with written notice of its election to relocate at least oneforty-hundred twenty five (12045) calendar days’ Business Days prior to the actual relocation date selected by Landlord (the “Relocation Notice”). The date selected by Landlord for the actual relocation of Tenant (which date must be at least forty-five (45) Business Days after the date of the Relocation Notice ) is referred to as the “Selected Date”. Following Landlord’s election and written notice of District’s need thereof to Tenant, Tenant shall be obligated to relocate to the Relocation Premises by no later than the Selected Date and lease such Relocation Premises from Landlord on the same terms and conditions as this Lease. Landlord shall be obligated to pay to Tenant an allowance (the “Relocation Allowance”) equal to the reasonable out-of-pocket moving expenses actually incurred by Tenant to move or relocate from the Solar Facility. Following agreement on a Premises to the Relocation SitePremises (including the physical move from the Premises to the Relocation Premises, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection expenses associated with the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costsTelecommunication Facilities and other Tenant electronic installations, and costs for stationery, business cards, invoices, brochures and the like if Tenant’s address, facsimile or telephone numbers are changed in any applicable interconnection feesmanner due to the relocation); provided that, Tenant shall submit to Landlord a detailed description of the type and estimated amount of such moving expenses prior to the move and Landlord shall have consented to such expenses, which consent shall not be unreasonably withheld. District Tenant shall additionally compensate Provider be solely responsible for any revenue that Provider would have generated during the period in which energy cannot be generated costs and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required by Provider or Provider’s financing parties in connection with the relocation. Within thirty (30) days of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be expenses incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate it with respect to the applicable Site, upon Provider’s thirty (30) days’ written noticerelocation in excess of the Relocation Allowance. In the event that an acceptable Relocation Site cannot The work to be agreed upon, District shall pay Provider an amount equal to the Termination Value for the Site requiring termination. In the event of a termination occurring performed under this Section 11, following receipt 2.7 is subject to the union labor requirement as set forth in the Section of payment from District of the Termination Value, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3, at no additional cost to Districtthis Lease captioned “Tenant’s Work Performance”.

Relocation. On Tenant agrees that, despite any other provision of this Lease, Landlord has the right at any time and from time to time before or during the Term to rearrange the Premises or to change the location of the Premises to comparable space in the Building having approximately the same Rentable Area as the Premises and having comparable Leasehold Improvements in similar condition as those contained in the Premises. Tenant agrees to surrender and vacate the Premises and move to such other premises not later than 60 days following Landlord’s Notice to Tenant requiring Tenant to relocate failing which Tenant shall be deemed to be overholding in the Premises. If Landlord exercises its right to rearrange the Premises or change its location, the appropriate modifications will be made to the Basic Information and, if appropriate, the Basic Rent will be adjusted. Landlord’s exercise of its rights under this section does not constitute a re-entry or a breach of Landlord’s covenant for quiet enjoyment contained in this Lease or implied by law. If Landlord exercises its right to rearrange the Premises or to change the location of the Premises after the seventh (7th) anniversary date on which Landlord delivers Notice to Tenant that the Premises are ready for installation of Leasehold Improvements, Landlord will reimburse Tenant for the direct costs it reasonably incurs because of the Commercial Operation Date, District may, at its option, require that the Solar Facility be permanently relocated, either on the Site rearrangement or to another site owned and operated by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). District shall give Provider at least one-hundred twenty (120) calendar days’ notice of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation of the Solar FacilityPremises upon Tenant providing Landlord with receipted invoices. In addition, including removal costsLandlord, necessary storage costsat Landlord’s cost, will complete the installation of the Leasehold Improvements in the relocated premises to a comparable, quality, layout and standard as the Premises at the time of Landlord exercising its right to relocate herein, and Landlord shall coordinate Tenant’s move from the Premises to the relocated premises with minimal interruption to Tenant’s business operations. In no case will Tenant be reimbursed or compensated for any indirect costs whatsoever including, without limitation, overhead, overtime charges or loss of profits and Tenant will minimize costs by re-installationusing all fixtures, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, equipment and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District Trade Fixtures from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed Premises where it is feasible to apply on a daily basisdo so. District shall Landlord also execute such consents reserves the right to rearrange any demising walls for purposes of providing required fire or releases reasonably required by Provider emergency corridors or Provider’s financing parties in connection of otherwise complying with the relocation. Within thirty (30) days of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, law and the total anticipated amount requirements of lost revenues and additional costs Authorities from time to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written notice. In the event that an acceptable Relocation Site cannot be agreed upon, District shall pay Provider an amount equal to the Termination Value for the Site requiring termination. In the event of a termination occurring under this Section 11, following receipt of payment from District of the Termination Value, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3, at no additional cost to Districttime.

Relocation. On or In accordance with Article 13 of the EDC MOA, after the seventh (7th) anniversary Initial Conveyance and when the Premises occupied by the Navy in Building One is required by TIDA for implementation of the Commercial Operation Datedevelopment project, District mayTIDA shall have the right to relocate the Premises to another location within Building One or to one of the buildings known as the Great Whites, at its option, require or to any other adequate location on Treasure Island or Yerba Buena Island. If TIDA determines that the Solar Facility Premises must be permanently relocated, either on TIDA shall give Navy six (6) months prior notice and a written description of the Site or to another site owned relocation space. The relocation premises shall be in contiguous space and operated by District, at a location with at least equal Insolation substantially equivalent to the then-existing Site Premises, including access to utilities and reasonably acceptable security, provided that the relocated storage space may be located in one or more non-contiguous spaces. TIDA shall bear any reasonable costs incurred by TIDA to both Parties physically relocate Navy to any relocation space, and shall be responsible for the cost of standard tenant improvements for the relocation consistent in quality with the current Premises. Reasonable costs and standard tenant improvements, as those terms are used herein, shall include but not be limited to the cost of providing access to all utilities at the relocation space including to a dedicated T1 transmission line and the cost of establishing Navy Marine Corps Intranet (NMCI) connectivity to the “Relocation Site”)TI transmission line consistent in scope and quality with the current Premises. District The Navy requires controlled access to the NMCI server and associated equipment. Specifically TIDA is also responsible for safely packing, moving and unpacking all furniture, computers, computer equipment, files, Navy property, and Navy personnel property, except as designated by the Navy. TIDA is responsible to ensure access to all utilities, internet, phone, and communication services to the relocation space as required for Navy use consistent in scope and quality with the current Premises. The new location will have adequate natural lighting and reasonable security to ensure the protection and safety of Navy personnel and property. TIDA shall give Provider perform all coordination with SHPO, if necessary, for any alterations required at least one-hundred twenty (120) calendar days’ notice of District’s need the Great Whites to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the facilitate Navy relocation. District shall pay Provider’s actual and necessary costs The Navy is not in connection with default of these Office Provisions if the relocation of space is not suitable for functional Navy use after the Solar Facility6 months’ notice, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered connectivity to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required by Provider or Provider’s financing parties in connection with the relocation. Within thirty (30) days of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written notice. In the event that an acceptable Relocation Site cannot be agreed upon, District shall pay Provider an amount equal to the Termination Value for the Site requiring termination. In the event of a termination occurring under this Section 11, following receipt of payment from District of the Termination Value, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3, at no additional cost to DistrictNMCI.

Relocation. On or after the seventh (7th) anniversary of the Commercial Operation Date, District mayLandlord, at its option, require that the Solar Facility be permanently relocated, either on the Site or to another site owned and operated by Districtsole expense, at a location with at least equal Insolation any time before or during the Term, may relocate Tenant from the Premises to the existing Site space of reasonably comparable size, window lines, utility and reasonably acceptable to both Parties improvements (the “Relocation SiteSpace”)) within the Building or a comparable building in the business park of which the Building is a part upon ninety (90) days prior notice to Tenant. District shall give Provider at least one-hundred twenty (120) calendar days’ notice From and after the date of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Siterelocation, the Parties Fixed Basic Rent and Tenant’s Percentage will amend this Agreement to memorialize be adjusted based upon the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation gross rentable area of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during Relocation Space; but in no event will the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents Fixed Basic Rent or releases reasonably required by Provider or ProviderTenant’s financing parties in connection with the relocation. Within thirty (30) days of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider Percentage increase as a result of such relocation. District Landlord will pay Tenant the actual, reasonable out of pocket moving costs incurred by Tenant in connection with such relocation. Landlord will have twenty (20) days to review no liability for any interference with Tenant’s business resulting from such relocation. Landlord shall bear and pay for the calculation cost and makeexpense of any such relocation including, in writingbut not limited to, the moving of any objections to furniture and equipment and the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written noticereprinting of existing stationery. In connection with any such relocation, the event that an acceptable Landlord shall, at its own cost and expense, furnish and install in (or, if practicable, relocate to) the Relocation Site cannot be agreed uponSpace all walls, District shall pay Provider an amount equal to the Termination Value partitions, floors, floor coverings, ceilings, fixtures, wiring and plumbing, if any, together with Tenant’s trade fixtures, equipment, furniture, furnishings and other personal property required for the Site requiring terminationTenant's proper use and occupancy thereof, all of which items shall be comparable in quality to those situated in the Premises. In the event of a termination occurring under this Section 11The Landlord shall make reasonable efforts to minimize such interference and, following receipt of payment from District of the Termination Valueif requested by Tenant, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3relocate Tenant during Saturdays, at no additional cost to District.Sundays and/or Business Holidays

Relocation. On In addition to the adjustments to the Premises ---------- required by the Migration Plan, Landlord may at any time during the term (and any number of times during the term), by written notice to Tenant, elect, subject to Tenant's approval (which approval shall not be unreasonably withheld or after the seventh (7th) anniversary delayed), to relocate any portions of the Commercial Operation DatePremises to new premises on the Property. The foregoing relocation right shall not apply to certain portions of the Premises described as follows: Building GG and Expansion Area. Tenant may not refuse to consent in writing to any such relocation proposed by Landlord if the proposed relocated premises (i) shall be reasonably comparable in size; (ii) shall be comparable in physical characteristics relating to use (i.e., District maylaboratory space or office space); (iii) shall be comparable in amenities; (iv) shall reasonably accommodate the specific requirements of Tenant related to its then current use and activity of that particular portion of the Premises proposed for relocation, and (v) shall not separate concentrations of space within the Premises that are currently adjacent and in which occupants work interactively into separate locations that are not reasonably proximate in location to each other. Tenant agrees that at its optionthe time Landlord makes an election to relocate the Premises and seeks Tenant's approval, require Landlord may contemplate performing certain finish work or alterations to the proposed relocation space and in determining whether the proposed relocation space satisfies the foregoing criteria, Tenant shall review plans for such finish work and alterations and may not refuse approval if the proposed relocation space, as it is to be altered or finished, would satisfy the criteria; provided that such alterations shall be made to the proposed relocation space before Tenant is required to move. Landlord shall pay the costs of any alterations or finish to the relocation space and all other reasonable, third party costs incurred by Tenant in moving to the relocation space. Landlord and Tenant shall cooperate to cause the relocation to be accomplished in a way which minimizes cost and disruption to the parties' operations on the Property. Tenant shall complete the relocation and vacate and surrender the relocated portion of the Premises in accordance herewith within a reasonable period of time (as determined hereinbelow) after notice from Landlord that the Solar Facility be permanently relocated, either on the Site or to another site owned relocation space is ready for Tenant's use and operated by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). District shall give Provider at least one-hundred twenty (120) calendar days’ notice of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required by Provider or Provider’s financing parties in connection with the relocationoccupancy. Within thirty (30) days after Landlord delivers written notice to Tenant of agreement on a Relocation Siterequired relocation, Provider will provide District with Tenant shall notify Landlord in writing of the amount of time Tenant believes is reasonable to accomplish the relocation after the relocated space is ready for Tenant's use and occupancy. Such time period shall be deemed to be the reasonable period of time referred to hereinabove to accomplish the relocation unless Landlord disputes the time period selected by Tenant. After the relocation has been accomplished, the Premises shall no longer include the relocated space but shall include the new relocation space. Either Landlord and/or Tenant may elect under section 1.1, to measure the ----------- reconfigured Premises, at Landlord's expense, at such time to recalculate Base Rent and Tenant's Percentage Share. Landlord and Tenant shall execute a written amendment to this Lease adjusting the Exhibits hereto which describe the Premises, the calculation of the estimated time required rent, Tenant's Percentage Share and providing for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider other adjustment as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written notice. In the event that an acceptable Relocation Site cannot be agreed upon, District shall pay Provider an amount equal to the Termination Value for the Site requiring termination. In the event of a termination occurring under this Section 11, following receipt of payment from District of the Termination Value, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3, at no additional cost to Districtreasonably necessary.

Relocation. On or after the seventh (7tha) anniversary of the Commercial Operation Date, District mayLandlord, at its option, require that the Solar Facility be permanently relocated, either on the Site or to another site owned and operated by Districtexpense, at a location with at least any time during the Term, but no more than once during the Term, may relocate Tenant from the Demised Premises to space within ten (10%) percent of (plus or minus) the initial Demised Premises and of equal Insolation or greater utility to the existing Site and reasonably acceptable to both Parties initial Demised Premises (the “Relocation SitePremises”). District shall give Provider at least one-) within the Building in Landlord’s reasonable judgment upon one hundred twenty (120) calendar days’ prior written notice to Tenant. Such Relocation Premises shall be located on the same floor or no more than two floors above or below the initial Demised Premises, and shall be improved, prior to such relocation, at Landlord’s sole cost and expense, to a functional, architectural, and aesthetic standard equal to or greater than that of District’s need the initial Demised Premises in its condition immediately prior to move or relocate such relocation, including but not limited to with respect to views from the Solar FacilityRelocation Premises to the exterior of the Building. Following agreement on a Relocation SiteFrom and after the date of the relocation, the Parties will amend this Agreement Fixed Rent and Tenant’s Proportionate Share shall be adjusted based on the rentable square footage of the Relocation Premises if such Relocation Premises contains fewer rentable square feet than the initial Demised Premises. If such Relocation Premises contains more rentable square feet than the initial Demised Premises, the Fixed Rent and Tenant’s Proportionate Share shall remain the same as they were prior to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District Landlord shall pay Providerthe reasonable and actual Tenant’s actual and necessary costs in connection with the relocation of the Solar Facilityrelocation, including removal costsbut not limited to costs to improve the Relocation Premises to the standard set forth above and costs related to moving Tenant’s furniture, necessary storage costsequipment, re-installationsupplies and other personal property, Governmental Approvalsthe cost of printing and distributing change of address notices, re-designone month’s supply of stationery showing the new address, engineering, site work, re-commissioning IT cabling costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated all other reasonable and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required actual costs incurred by Provider or Provider’s financing parties Tenant in connection with the relocation. Within thirty Additionally, the first Monthly Fixed Rent payment (30but not any Additional Rent, electricity charges or any other charges or payments due hereunder, which such Additional Rent, electricity charges and other charges and payments shall be due and payable commencing on the date Tenant takes possession of the Relocation Premises) payable by Tenant hereunder for the Relocation Premises shall be abated. Notwithstanding any other provision of this Section 32, Tenant shall not be required to relocate from the initial Demised Premises to the Relocation Premises until the Relocation Premises has been improved by Landlord to the standard set forth above, as determined by Landlord in its reasonable discretion; provided, that if Tenant agrees to take occupancy of the Relocation Premises prior to Landlord completing its renovation of the Relocation Premises to the standard set forth above, as determined by Landlord in its reasonable discretion, in addition to the Fixed Rent abatement set forth above, Tenant shall be entitled to two (2) days of agreement on a abated Fixed Rent for each day that Tenant occupies the Relocation Site, Provider will provide District with a calculation Premises prior to Landlord completing its renovation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections Relocation Premises to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written notice. In the event that an acceptable Relocation Site cannot be agreed upon, District shall pay Provider an amount equal to the Termination Value for the Site requiring termination. In the event of a termination occurring under this Section 11, following receipt of payment from District of the Termination Value, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3, at no additional cost to Districtstandard set forth above.

Relocation. On At any time or after from time to time during the seventh (7th) anniversary Term or any renewal thereof, Landlord shall have the unrestricted right to relocate Tenant from the Premises to any other office space of reasonably comparable size in the Commercial Operation Date, District may, at its option, require Building with views that the Solar Facility be permanently relocated, either on the Site or to another site owned and operated by District, at a location with at least equal Insolation are reasonably comparable to the existing Site and reasonably acceptable to both Parties views from the initial Premises (the “Relocation SiteSpace”). District The Relocation Space must contain similar finishes as the Premises, and approximately the same rentable area as the Premises and approximately the same number of work stations, offices, breakrooms , windows and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation. Landlord shall give Provider provide Tenant at least one-hundred twenty (120ninety(90) calendar days’ prior written notice of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” any such relocation and other changes required to memorialize the relocation. District Landlord shall pay Provider’s actual and necessary costs reimburse Tenant for all reasonable expenses incurred by Tenant in connection with the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required by Provider or Provider’s financing parties in connection with the relocation. Within thirty (30) days of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, including moving expenses, telecommunications and data cabling and hookup and the total anticipated amount cost of lost revenues and additional costs to be incurred by Provider as a result reasonable supply of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written notice. In the event that an acceptable Relocation Site cannot be agreed upon, District shall pay Provider an amount equal to the Termination Value for the Site requiring terminationreplacement stationery. In the event of any such relocation, Landlord shall move Tenant’s effects to the Relocation Space over a termination occurring under this Section 11weekend, following receipt of payment from District of the Termination Value, Provider shall remove the Solar Facility at Landlord’s sole cost and restore the Site expense. If Tenant is relocated in accordance with the provisions of this Section 340, and the rentable area of the Relocation Space is not equal to the rentable area of the Premises, all amounts, percentages and figures appearing or referred to in this Lease based upon such rentable area shall be modified accordingly; provided, however, that notwithstanding the foregoing, Tenant’s Base Rent shall not increase as a result of any such relocation. Prior to any such relocation, Landlord shall, at no additional cost its sole expense, renovate or construct improvements in the Relocation Space that are substantially similar to Districtthose in the Premises. Following any such relocation, Landlord and Tenant shall enter into an amendment to this Lease to reflect that the Premises consists of such Relocation Space. All other terms and conditions of the Lease shall remain unchanged following such relocation.

Relocation. On SRP may relocate all or after the seventh (7th) anniversary any portion of the Commercial Operation DateFiber: (i) if a third party with legal authority to do so orders such relocation or exercises its power of eminent domain (e.g., District maythrough filing or threatening to file a condemnation suit), or (ii) in order to comply with applicable laws, or (iii) if SRP determines that relocation is necessary or desirable for the operation of its business. Any relocation or portion thereof made pursuant to clause (ii), which is necessary to comply with laws that were in effect at its optionthe time of Fiber Acceptance, require that or any relocation or portion thereof made pursuant to clause (iii), shall be considered a “Voluntary Relocation”. In the Solar Facility be permanently relocatedcase of a Voluntary Relocation, either on the Site or to another site owned and operated by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). District shall give Provider at least one-hundred twenty (120) calendar days’ notice of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties SRP will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider reimburse Licensee for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required by Provider or Provider’s financing parties in connection with the relocation. Within thirty (30) days of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional reasonable direct costs to be incurred by Provider Licensee as a result of the relocation, provided that, upon request by SRP, Licensee shall provide supporting documentation of such costs. SRP shall have the right to direct such relocation or Voluntary Relocation, including, but not limited to, the right to determine the extent of, the timing of, and methods to be used for such relocation provided that any such relocation: (a) shall be constructed in accordance with the specifications and requirements set forth in this Agreement; and (b) shall not unreasonably interrupt service or use of Licensee’s Fiber. SRP shall deliver to Licensee updated route and access point maps and ring diagrams with respect to a relocated portion of the Fiber not later than one hundred eighty (180) days following the completion of such relocation. District Voluntary Relocation of the Licensed Fiber will be at SRP’s sole expense and SRP will give Licensee at least one hundred eighty (180) days prior written notice of any such Voluntary Relocation. For relocations other than Voluntary Relocations, SRP will give Licensee at least one hundred eighty (180) days (or such lesser period of notice that SRP may have received) prior written notice of any such relocation and such notice shall include an estimate of the costs which are likely to be incurred in connection with such relocation. Licensee will have twenty the option, exercisable in writing within fifteen (2015) days after receipt of written notice of such relocation from SRP, to review participate in the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate relocation with respect to the applicable Site, upon Provider’s thirty (30) days’ written noticeaffected Segment. In the event that an acceptable Relocation Site canLicensee chooses not to participate in the relocation, then Licensee will be agreed uponpermitted (at Licensee’s cost) to connect into the remaining Segments at mutually agreeable Splice Points. If Licensee chooses to participate in the relocation, District Licensee shall pay Provider an amount equal reimburse SRP (to the Termination Value extent SRP has not been reimbursed by third Parties requiring said relocation) for the Site requiring termination. In the event of a termination occurring under this Section 11, following receipt of payment from District Pro Rata Share of the Termination Valuecosts incurred by SRP for relocating the Fiber and any amounts that SRP is contractually required to pay any third party Facility Owner (provided such third party costs were identified in SRP’s cost estimate), Provider provided that, upon request by Licensee, SRP shall remove the Solar Facility provide supporting documentation of all such costs and restore the Site in accordance with Section 3, at no additional cost to Districtamounts.

Relocation. On Recognizing that the Building is large and the needs of tenants as to space may vary from time to time, and in order for Landlord to accommodate Tenant and prospective tenants, Landlord expressly reserves the right, prior to and/or during the Lease Term, at Landlord's sole expense, to move Tenant from the Premises and relocate Tenant in other space of Landlord's choosing of approximately the same dimensions and size within the Building, which other space will be decorated by Landlord at its expense. Landlord shall, in exercising its right to relocate the Tenant, make said decision in full consideration and deference to the nature of Tenant's business which business operates on a twenty-four (24) hour basis, seven (7) days per week. Landlord may use decorations and materials from the existing Premises, or after other materials, so that the seventh space in which Tenant is relocated will be comparable in its interior design and decoration to the space from which Tenant is removed. During the relocation period Landlord will use reasonable efforts not to unduly interfere with Tenant's business activities and Landlord agrees to substantially complete the relocation within a reasonable time under all then existing circumstances. This Lease and each of its terms and conditions will remain in full force and effect and be applicable to any such new space and such new space will be deemed to be the Premises demised hereunder; upon request Tenant will execute such documents which may be requested to evidence, acknowledge and confirm the relocation (7th) anniversary but it will be effective even in the absence of such confirmation). Landlord's obligation for expenses of removal and relocation will be the actual cost of relocating and decorating Tenant's new space, and Tenant agrees that Landlord's exercise of its election to remove and relocate Tenant will not release Tenant in whole or in part from its obligations hereunder for the full Lease Term. No rights granted in this Lease to Tenant, including the right of peaceful possession and quiet enjoyment, will be deemed breached or interfered with by reason of Landlord's exercise of the Commercial Operation Date, District may, at relocation right reserved herein. Provided that Landlord complies with its option, require that the Solar Facility be permanently relocated, either on the Site or to another site owned and operated by District, at a location with at least equal Insolation to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). District shall give Provider at least one-hundred twenty (120) calendar days’ notice of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required by Provider or Provider’s financing parties in connection with the relocation. Within thirty (30) days of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written notice. In the event that an acceptable Relocation Site cannot be agreed upon, District shall pay Provider an amount equal to the Termination Value for the Site requiring termination. In the event of a termination occurring obligation under this Section 1144, following receipt Tenant acknowledges and agrees that Tenant's relocation shall not release Tenant, in whole or in part, from its obligations hereunder for the full Lease Term. Provided that Landlord complies with its obligations under this Section 44, no rights granted in this Lease to Tenant, including the right of payment from District peaceful possession and quiet enjoyment, will be deemed breached or interfered with by reason of Landlord's exercise of the Termination Valueright to relocate Tenant as herein reserved. If Landlord exercises its relocation right under this paragraph, Provider shall remove (i) Tenant will be given ninety (90) days prior notice in writing and (ii) Landlord will reimburse Tenant for the Solar Facility and restore reasonable cost of telephone relocation necessitated by the Site in accordance with Section 3, at no additional cost to Districtexercise of said right of relocation.

Relocation. On or after the seventh (7th) anniversary of the Commercial Operation Date, District mayLandlord, at its optionexpense, require at any one time before or during the Term, may relocate Tenant from the Premises to space of reasonably comparable size and utility (“Relocation Space”) within the Building upon not less than 90 days’ prior written notice to Tenant, provided that the Solar Facility Relocation Space shall be permanently relocatedlocated on or above the twelfth (12th) floor of the Building and such relocation shall not occur during the first 24 months of the Term. The Relocation Space must contain similar finishes (subject to commercial availability) and approximately the same rentable square footage as the Premises and the same number of work stations, either offices, breakrooms and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation. From and after the date of the relocation, the Base Rent and Tenant’s Proportionate Share shall be adjusted based on the Site or to another site owned and operated by Districtrentable square footage of the Relocation Space, at a location with at least equal Insolation provided that the total monthly Base Rent for the Relocation Space shall in no event exceed the total monthly Base Rent for the Premises prior to the existing Site relocation, and reasonably acceptable Tenant’s Proportionate Share for the Relocation Space shall in no event exceed Tenant’s Proportionate Share for the Premises prior to both Parties (the “Relocation Site”). District shall give Provider at least one-hundred twenty (120) calendar days’ notice of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District Landlord shall pay ProviderTenant’s actual and necessary reasonable costs in connection with the relocation of the Solar Facilityrelocation, including removal costsall costs for moving Tenant’s furniture, necessary storage costsequipment, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, supplies and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rateother personal property, as defined below, prorated well as needed to apply the cost of replacement of Tenant’s signage on a daily basis. District shall also execute such consents or releases reasonably required by Provider or Provider’s financing parties in connection with the relocation. Within thirty (30) days of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocationSpace, and the total anticipated amount cost of lost revenues printing and additional costs distributing change of address notices to be incurred by Provider as a result Tenant’s customers and one month’s supply of such relocationstationery showing the new address. District will have twenty (20) days Landlord shall also reimburse Tenant for the reasonable cost to review install and connect telecommunication and data cabling in the calculation Relocation Space in the manner and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect extent such cabling existed in the Premises prior to the applicable Site, upon Provider’s thirty (30) days’ written notice. In the event that an acceptable Relocation Site cannot be agreed upon, District shall pay Provider an amount equal to the Termination Value for the Site requiring termination. In the event of a termination occurring under this Section 11, following receipt of payment from District of the Termination Value, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3, at no additional cost to Districtrelocation.

Relocation. On The Company shall provide the Employee (on a fully grossed up tax neutral basis), directly or through reimbursement (as determined in the Company’s reasonable discretion) the following relocation, housing and transportation benefits: (a) a housing allowance of $10,000 per month to lease a home in Bermuda, such allowance to be payable to the Employee starting on the first day of such lease (after the seventh (7th) anniversary a copy of the Commercial Operation Date, District may, at its option, require that the Solar Facility be permanently relocated, either on the Site or to another site owned and operated by District, at a location with at least equal Insolation executed lease is delivered to the existing Site Company), (b) until the earlier of (x) 12 months post-Effective Date and reasonably acceptable to both Parties (y) the “Relocation Site”). District shall give Provider at least one-hundred twenty (120) calendar days’ notice date of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation of the Solar FacilityEmployee’s family to Bermuda, including removal costspursuant to the Company’s normal travel expense policy, necessary storage costsweekly air travel between the Employee’s home in Bethesda, re-installationMaryland and Bermuda (such payment or reimbursement to include ground transportation between the Employee’s home and the applicable airport), Governmental Approvalsand (c) all reasonable costs associated with relocating the Employee and his family and transporting the Employee’s household goods to Bermuda, re-designas well as a $5,000 bonus amount to cover any incidental expenses (such amounts paid by the Company pursuant to subsection (c), engineeringthe “Relocation Expenses”). For the avoidance of doubt, site work, re-commissioning costs, the Relocation Expenses shall not be provided to the Employee on a fully grossed up tax neutral basis. Any such reimbursements and any applicable interconnection fees. District shall additionally compensate Provider tax gross-up payments for any revenue that Provider would have generated during the period in which energy cannot reimbursement or in-kind benefit shall be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required by Provider or Provider’s financing parties in connection with the relocation. Within made no later than thirty (30) business days of agreement on a Relocation Site, Provider will provide District with a calculation following presentation to the Company of the estimated time required xxxx or invoice for any such relocation, and benefit. In no event will any reimbursement or in-kind benefit in any calendar year affect any reimbursement or in-kind benefit made in any subsequent calendar year. In no event will any tax gross-up payment be made later than the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review Employee’s taxable year next following the calculation and make, taxable year in writing, any objections to which the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to Employee remits the applicable Site, upon Provider’s thirty (30) days’ written noticerelated taxes. In the event that an acceptable Relocation Site cannot be agreed uponEmployee should terminate his employment with the Company without Good Reason, District the Employee shall pay Provider an amount equal reimburse to the Termination Value for the Site requiring termination. In the event of Company a termination occurring under this Section 11, following receipt of payment from District pro rata share of the Termination Value, Provider shall remove the Solar Facility and restore the Site Relocation Expenses in accordance with Section 3, at no additional cost to District.the following schedule:

Relocation. On In the event that Tenant and Landlord enter into the New Lease and in order to construct the New Premises, it is necessary for Landlord to demolish the Building, then Landlord shall have the right to relocate the Tenant to another temporary ground level location either (i) on the Real Estate, or after the seventh (7thii) anniversary within a one mile radius of the Commercial Operation DateReal Estate. In the event the Landlord exercises its right to relocate the Tenant, District mayas provided for herein, at its option, require that it shall give the Solar Facility be permanently relocated, either on the Site or to another site owned and operated by District, at a location with Tenant at least equal Insolation sixty (60) days prior written notice and shall provide the Tenant with a temporary ground level facility within which Tenant can conduct its business, which temporary ground level facility (a) may be a ground level trailer or other temporary ground level building, in-line or out parcel retail space in a shopping center or other business area and (b) shall include sufficient parking spaces, all of which will comply with local law. In the event Landlord elects to relocate the Tenant to a temporary ground level facility, the Landlord will pay the actual and direct, out-of-pocket, reasonable expenses of Tenant in moving from the Premises to the existing Site temporary ground level facility and reasonably acceptable to both Parties (shall improve the “Relocation Site”). District shall give Provider at least one-hundred twenty (120) calendar days’ notice of District’s need to move or relocate the Solar Facility. Following agreement temporary ground level facility so that Tenant can conduct its businesses therein, on a Relocation Site, temporary basis. Minimum Rent for the Parties will amend temporary ground level facility shall be the lesser of (i) the rental cost Landlord is obligated to pay to a third party in order to provide the temporary ground level facility to Tenant or (ii) the Minimum Rent payable under this Agreement Lease and Landlord and Tenant shall execute an amendment to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with this Lease confirming the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required by Provider or Provider’s financing parties in connection with the relocation. Within within thirty (30) days of agreement after either party shall request same. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be obligated to vacate the Premises, and relocate to the temporary ground level facility until said temporary ground level facility is improved, in Tenant’s reasonable judgment, so that Tenant can conduct its businesses therein, on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written notice. In the event that an acceptable Relocation Site cannot be agreed upon, District shall pay Provider an amount equal to the Termination Value for the Site requiring termination. In the event of a termination occurring under this Section 11, following receipt of payment from District of the Termination Value, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3, at no additional cost to Districttemporary basis.

Relocation. On or after the seventh (7th) anniversary of the Commercial Operation Date, District mayLandlord, at its optionsole expense and discretion, may require that Tenant to relocate any or all of the Solar Facility be permanently relocated, either Equipment and Connecting Equipment located on the Site rooftop or within the Building, provided that such relocation does not materially and adversely impair the operation of the Equipment and Connecting Equipment or materially degrade the quality of transmission of the Equipment and Connecting Equipment. In the event Landlord requires Tenant to another site owned relocate Tenant’s Equipment or Connecting Equipment, as the case may be, Tenant shall within sixty (60) days either: (i) terminate this License upon written notice to Landlord; or (ii) commence efforts to relocate the Equipment or the Connecting Equipment, as the case may be, and operated by District, at a location complete their relocation with at least equal Insolation to the existing Site and reasonably acceptable to both Parties (the “Relocation Site”). District shall give Provider at least one-on hundred twenty (120) calendar days’ notice of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation days of the Solar Facilitydate of Landlord’s original notice to Tenant to relocate, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District in which event Landlord shall additionally compensate Provider reimburse Tenant for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered reasonable, actual, out-of-pocket costs or expenses paid by Tenant to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required by Provider or Provider’s financing third parties in connection with the such relocation. Within thirty (30) days Landlord will permit Tenant to perform a standard cutover procedure, if required by any relocation of agreement on Equipment, which will ensure that the relocated Equipment is operational for services prior to discontinuing service from the old location. In the event all or a Relocation Site, Provider will provide District with a calculation portion of the estimated time required roof membrane must be repaired or replaced, or any other Building maintenance need arises that requires the temporary removal of the Equipment and Connecting Equipment, Tenant shall be fully responsible, at its sole cost and expense, for such relocationthe removal and re-installation of all Equipment. Except in the case of emergencies, Landlord shall provide Tenant with forty-eight (48) hours notice of any planned repairs or replacements that will require the removal of Tenant’s Equipment, unless Landlord is unable to provide forty-eight (48) hours notice due to the nature of the repair or replacement, in which event Landlord shall provide as much notice as reasonably possible. Landlord shall promptly notify Tenant when the repair or replacement is complete and the total anticipated amount re-installation of lost revenues the Equipment may commence. All Equipment shall be re-installed in strict accordance with the specifications previously approved by Landlord and additional costs in effect at the time of the Equipment’s removal. Landlord shall have no liability to be Tenant or any third-party for any losses incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation relocation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written notice. In the event that an acceptable Relocation Site cannot be agreed upon, District shall pay Provider an amount equal to the Termination Value for the Site requiring termination. In the event of a termination occurring under this Section 11, following receipt of payment from District of the Termination Value, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3, at no additional cost to Districtre-installation.

Relocation. On or after the seventh (7th) anniversary Section 26 of the Commercial Operation Date, District may, at Lease is hereby deleted in its entirety and the following paragraph is inserted in lieu thereof: Landlord shall have the right and option, upon sixty (60) days notice to Tenant, to require that Tenant to relocate the Solar Facility be permanently relocated, either on Premises to any other premises within the Site Building or to another site owned and operated by District, at a location with at least equal Insolation to other buildings in the existing Site and reasonably acceptable to both Parties Loop Central project (the “Relocation Site”). District shall give Provider at least one-hundred twenty (120"RELOCATED PREMISES") calendar days’ notice of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Sitedate of relocation (the "RELOCATION DATE") specified therein. In such event, all reasonable expenses of moving Tenant and decorating the Parties will amend this Agreement to memorialize Relocated Premises with substantially the required changes in same leasehold improvements shall be at the definition expense of “Site” Landlord, including the physical move, computer network relocation and installation, telephone installation, stationery costs and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required by Provider or Provider’s financing parties in connection with the relocationrelated items. Within thirty (30) days following receipt of agreement Landlord's relocation notice, Tenant shall have the option to either (i) enter into a new lease (the "NEW LEASE") with Landlord for a new five (5) year term commencing on the Relocation Date; or (ii) terminate this Lease on the Relocation Date. Failure of Tenant to choose either option shall cause this Lease to terminate, effective on the Relocation Date. Notwithstanding the foregoing, if Tenant elects to enter into a Relocation SiteNew Lease, Provider will provide District with Landlord shall have the option to tender the Relocated Premises to Tenant on any date within a calculation of the estimated time required for such relocation, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writing, any objections to the calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the applicable Site, upon Provider’s thirty (30) days’ written noticeday period prior to or after the Relocation Date, in which event the term of the New Lease shall commence on the date of tender of possession of the Relocated Premises. In For the event that an acceptable portion of the term of the New Lease between the Relocation Site cannot Date and the expiration of the Term of this Lease (as extended herein), Monthly Base Rent for the Relocated Premises shall be agreed upon, District shall pay Provider an amount equal calculated as follows: (i) for up to the Termination Value then-current Rentable Area of Premises, at the rate in effect under this Lease as of the Relocation Date; and (ii) for any portion of the Relocated Premises in excess of the Rentable Area of Premises, at the prevailing Building rental rate then in effect. For the remainder of the term of the New Lease, Monthly Base Rent for the Site requiring termination. In entire Relocated Premises shall be calculated at the event of a termination occurring under this Section 11, following receipt of payment from District of the Termination Value, Provider shall remove the Solar Facility and restore the Site prevailing Building rental rate then in accordance with Section 3, at no additional cost to Districteffect.

Relocation. On or after The Landlord shall have the seventh (7th) anniversary of the Commercial Operation Dateright from time to time, District may, at its option, require that the Solar Facility be permanently relocated, either on the Site or to another site owned and operated by District, at a location with at least equal Insolation not less than 60 days’ Notice to the existing Site and reasonably acceptable Tenant, to both Parties (relocate the “Relocation Site”)Premises to other premises within the Building having approximately the same area as the Premises. District If the Landlord relocates the Premises prior to occupancy by the Tenant, it shall give Provider at least one-hundred twenty (120) calendar days’ notice of District’s need reimburse the Tenant for all expenses already incurred by the Tenant in preparing to move into the Premises to the extent that such expenditure is for items or relocate materials not usable in the Solar Facilityalternate premises. Following agreement on a Relocation SiteIf the Landlord relocates the Tenant after occupancy by the Tenant, the Parties will amend this Agreement Landlord shall provide the relocated premises improved to memorialize a standard and using materials of approximately the required changes same quality as the Leasehold Improvements which exist in the definition existing Premises at the time of “Site” relocation and other changes required to memorialize reimburse the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation of the Solar Facility, including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required by Provider or Provider’s financing parties in connection with the relocation. Within Tenant within thirty (30) days of agreement on receipt of copies of receipted third party invoices for direct costs associated with the relocation, including, without limitation, moving costs, reprinting of a Relocation Sitelimited supply of stationery and supplies and disconnection and reconnection of telephone and computer equipment and systems. In no case will the Tenant be reimbursed or compensated for indirect costs including overhead, Provider overtime charges or loss of profits and the Tenant will provide District minimize costs by re-using all fixtures and trade fixtures from the Premises where it is feasible to do so. The Landlord agrees to use reasonable efforts to effect the relocation with a calculation minimum of disruption to the Tenant’s business. The Landlord and the Tenant shall enter into a lease amending agreement in the Landlord’s standard form to confirm the terms of the estimated time required for such relocationrelocation including, and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have twenty (20) days to review the calculation and make, in writingwithout limitation, any objections adjustment to the calculation. If an acceptable Relocation Site cannot be located, Basic Rent if the Rentable Area of the relocated premises is different than the Rentable Area of the existing Premises and to confirm that all other terms and conditions of this Agreement Lease shall terminate apply with respect to the applicable Siterelocated premises for the remainder of the Term. Notwithstanding anything to the contrary set out in this Lease, upon Provider’s thirty (30) days’ written noticeprovided Venus Concept Canada Corp or a Permitted Transferee., is the Tenant, then the Landlord shall not have the right to relocate any part of the Premises the Tenant is occupying. In For greater clarity and by way of example only, in the event that an acceptable Relocation Site canthe Tenant does not be agreed upon, District shall pay Provider an amount equal to require the Termination Value for the Site requiring termination. In the event of a termination occurring under Ground Floor Premises and subsequently sublets this Section 11, following receipt of payment from District portion of the Termination ValuePremises to another party, Provider then the Landlord shall remove have the Solar Facility and restore right to relocate that particular portion of the Site in accordance with Section 3, at no additional cost to DistrictPremises.