Common use of Use Clause in Contracts

Use. Tenant may use the Premises for general office and any computer data center purpose or for any other lawful purpose provided, however, the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord.

Use. A. Tenant may use the Premises for general office as a restaurant, gift shop and any computer data center purpose ancillary uses associated therewith, or for any other lawful purpose providedretail use that does not adversely impair the value of the Premises and in all cases subject to and in compliance with all Laws and Permitted Encumbrances. Tenant shall use the Premises only as provided by and in accordance with all Permitted Encumbrances, however, the subject to Landlord’s reservation of rights herein. Tenant shall not use or occupy the Premises, or any part thereof, nor permit or allow the Premises or any part thereof to be used or occupied, for (i) any purpose or in any manner which is in violation of any Law or a violation of the provisions set forth in Section 27 or any other provision of this Lease or (ii) in any manner which violates any certificates of occupancy for the Premises or makes void or voidable any insurance then in force with respect thereto as is required pursuant to Section 15 hereof. Tenant’s occupancy of the Premises will be in material compliance with all Laws and insurance requirements, and as otherwise provided in this Lease. Tenant shall neither suffer nor permit the Premises or any portion thereof to be used, or otherwise act or fail to act, in such a manner as (I) likely to impair Landlord’s title thereto or to any portion thereof, (II) may make possible a claim of adverse use or possession or an implied dedication of the Premises or any material portion of the Premises, or (III) subject the Premises or this Lease to any Encumbrances, other than Permitted Encumbrances. Notwithstanding anything herein to the contrary, Tenant shall not (a) permit any unlawful practice to be carried on or committed in the Premises; (b) make any use of or allow the Premises to be used for any purpose that might invalidate or materially increase the rate of insurance thereof; (c) deface or injure the Premises; (d) overload the floors, walls or ceilings of the Premises; (e) intentionally omitted; (f) commit or suffer any material waste in or about the Premises; (g) use the Premises in a any manner which would (i) result in a diminution of more than a de minimis amount in that may diminish the value of the Building, (ii) cause a nuisance Premises in any material respect; or (iiih) involve use the production Premises for any of the following purposes without the Landlord’s prior consent (which may be granted or withheld in its sole and absolute discretion): (i) bar (provided that Tenant shall be permitted to sell alcoholic beverages, in compliance with all Laws and Permitted Encumbrances, at the storage of Hazardous Materials (other than the storage of Hazardous Materials Premises in connection with the operation and maintenance of a restaurant thereon), nightclub, adult bookstore or video shop or other adult entertainment establishment; (ii) incineration or reduction of garbage or any garbage dumps on the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting a trash incinerator or otherwise modifying compactor used exclusively for Tenant’s obligations hereunder to comply with applicable laws. Without limiting onsite operation for the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 Premises shall not apply be permitted to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (same is customary and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against appropriate for restaurants similar to the applicable loss arising due to a violation of Site and provided that such trash incinerator or compactor is used in compliance with all applicable Laws and Permitted Encumbrance Encumbrances; (iii) mortuary; (iv) fire sale, bankruptcy sale or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentenceauction house operation; (v) gas station; (vi) laundry or dry cleaning plant or laundromat; (vii) automobile, TENANT SHALL BE OBLIGATED TO INDEMNIFYtruck, DEFEND AND HOLD HARMLESS LANDLORDtrailer or RV repairs on-site; (viii) “flea market”, LENDER AND ALL OTHER INDEMNIFIED PARTIESsecondhand, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions surplus or agreements hereafter created by other “off-price” or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlorddeep discount store; (ix) massage parlor; (x) carnival; or (xi) gambling or off-track betting operation.

Use. Tenant may use Except as set forth below, each of the Premises Properties shall be used solely for general office the operation of a Permitted Facility in accordance with the standards of operations then in effect on a system-wide basis, and for no other purpose. Lessee shall occupy the Properties promptly following the Effective Date and, except as set forth below and except during periods when any computer data center purpose of the Properties is untenantable by reason of fire or for any other lawful purpose casualty or condemnation (provided, however, during all such periods while any of the Tenant Properties is untenantable, Lessee shall strictly comply with the terms and conditions of Section 21 of this Lease), Lessee shall at all times during the Lease Term occupy each of the Properties and shall diligently conduct its business on each of the Properties as a Permitted Facility. In connection with any alterations to be performed by Lessee at any Property pursuant to this Lease, Lessee may cease diligent operation of business at such Property for a period not use to exceed 180 days and may do so only once with respect to such Property within any five-year period during the Premises in a manner which would Lease Term. As long as no Event of Default has occurred and is continuing, Lessee may also cease diligent operations of business at any Property for reasons other than as contemplated by the preceding sentence, provided that (i) result in a diminution of no Property may be closed pursuant to this sentence for more than 30 days from the date of closure, and (ii) no more than one Property may be closed at any one time pursuant to this sentence. If Lessee does discontinue operation as permitted by this Section, Lessee shall (i) give written notice to Lessor within 10 days after Lessee elects to cease operation, (ii) provide adequate protection and maintenance of any such Properties during any period of vacancy, (iii) comply with all Applicable Regulations and otherwise comply with the terms and conditions of this Lease other than the continuous use covenant set forth in this Section, and (iv) pay all costs necessary to restore such Properties to their condition on the day operation of the business ceased at such time as such Properties are reopened for Lessee's business operations or other substituted use approved by Lessor as contemplated below. Notwithstanding anything herein to the contrary, Lessee shall pay the Base Monthly Rental on the first day of each month during any period in which Lessee discontinues operation. Lessee shall not, by itself or through any assignment, sublease or other type of transfer, convert any of the Properties to a de minimis amount use other than a Permitted Facility during the Lease Term without Lessor's consent, which consent shall not be unreasonably withheld or delayed. Lessor may consider any or all of the following in determining whether to grant its consent, without being deemed to be unreasonable: (i) whether the rental paid to Lessor would be equal to or greater than the anticipated rental assuming continued existing use, (ii) whether the proposed rental to be paid to Lessor is reasonable considering the converted use of the Properties and the customary rental prevailing in the community for such use, (iii) whether the converted use will be consistent with the highest and best use of the Properties, and (iv) whether the converted use will increase Lessor's risks or decrease the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordProperties.

Use. Tenant may Lessee shall use and occupy the Premises only for general office and any computer data center purpose the Agreed Use, or for any other lawful purpose providedlegal use which is reasonably comparable thereto, however, the Tenant and for no other purpose. Lessee shall not use or permit the use of the Premises in a manner which would (i) result in that is unlawful, creates damage, waste or a diminution nuisance, or that disturbs occupants of more or causes damage to neighboring premises or properties. Other than a de minimis amount guide, signal and seeing eye dogs, Lessee shall not keep or allow in the value Premises any pets, animals, birds, fish, or reptiles. Lessor shall not unreasonably withhold or delay its consent to any written request for a modification of the BuildingAgreed Use, (ii) cause a nuisance or (iii) involve so long as the production same will not impair the structural integrity of the improvements on the premises or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance mechanical or of any amendmentelectrical systems therein, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable and/or is not significantly more burdensome to the Premises. Notwithstanding anything If Lessor elects to withhold consent, Lessor shall within seven (7) days after such request give written notification of same, which notice shall include an explanation of Lessor’s objections to the contrary herein containedchange in the Agreed Use. Lessee shall use commercially reasonable efforts to ensure that patients, customers, employees, agents, and owners of Lessee and Lessee’s dispensary neither loiter, nor use, smoke, vape, dab, consume, in any form or fashion, any marijuana product in the Premises or on any sidewalks, parking areas or walkways serving the same. Since marijuana products may cause odors that migrate off site, Lessee shall have the duty to reasonably mitigate odors. Lessee agrees that no event smoking of any kind shall Tenantbe permitted by any of Lessee’s use employees, agents, customers or invitees in the Premises or on any sidewalks, parking areas or walkways serving the same. Notwithstanding the foregoing, Lessor acknowledges that the sidewalks, parking areas and walkways referenced in the preceding paragraphs are public areas outside of Lessee’s control and Lessor therefore agrees that Lessee’s responsibility with respect to those spaces shall be limited to making commercially reasonable efforts within the Premises to request that patients, customers, employees, agents, and owners of Lessee refrain from loitering or using/consuming cannabis in any way in these areas. As soon as reasonably possible after the Commencement Date, Lessee shall open for business at the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordAgreed Use.

Use. Tenant may Sublessee shall use the Subleased Premises for general office any legal use permitted under the Master Lease. Sublessee acknowledges that it is thoroughly familiar with the condition of the Subleased Premises, and Sublessee agrees that it is subleasing the Subleased Premises on an “AS IS”, “WHERE IS” basis, subject to all latent or patent defects, without any representation or warranty by Sublessor or Master Lessor or their respective employees or agents as to the condition of the Subleased Premises or their fitness for Sublessee’s use, except as otherwise set forth in this Sublease, and subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Subleased Premises, and any computer data center purpose easements, covenants or for restrictions of record. Sublessee acknowledges that Sublessor and Master Lessor and their respective employees or agents have not made any other lawful purpose providedrepresentations or warranties that the Subleased Premises comply with applicable law, howeverordinance, rule, regulation or covenant or restriction of record (collectively, “Applicable Requirements”), including, but not limited to, the Tenant shall not use the Premises in a manner which would Americans With Disabilities Act, as amended (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law“ADA”). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenantslaws relating to earthquake or other life/safety matters or Hazardous Substances (as defined below), restrictions or agreements hereafter created by or consented to by Tenant applicable to except as set forth in this Sublease. The parties hereto agree that the Premises. Notwithstanding anything to plans attached hereto as Exhibit B accurately reflect all Alterations (as defined below) in the contrary herein contained, in no event shall Tenant’s use Subleased Premises existing as of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance date hereof (a “Planned Use Violation”) constitute a violation of this Section 4; provided, howevercollectively, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws“Existing Alterations”). Without limiting the generality Sublessor hereby assigns all of the foregoingits right, Tenant’s indemnity obligations title and interest under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that any warranties with respect to the Permitted Encumbrances Building and/or such Building’s systems and which are then in effect and which by their terms may be assigned without the consent of the counterparty thereto (collectively, “Building Warranties”). The assignment of the Building Warranties is conditioned on this Sublease being in full force and effect and that upon expiration or termination of this Sublease, the conditional assignment shall terminate automatically and Sublessee shall not have any covenantsfurther right, restrictions title or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to interest in the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordBuilding Warranties.

Use. Tenant may use the Premises for general office the Healthcare Use and any computer data center purpose for no other use or for any other lawful purpose provided, however, the Tenant shall not purpose. Tenant’s use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center must be in accordance with all applicable Laws, including, without limitation, applicable zoning and in compliance with Environmental Law)land use Laws. In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under that this Section 4 sentence shall not apply with respect to any Permitted Encumbrance in effect on the extent Date of Rent Commencement so long as (i) the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable any loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject Landlord and Lender in their sole discretion, and (ii) violation of such Permitted Encumbrance could not result in Landlord or Lender suffering (A) any criminal liability, penalty or sanction, (B) any civil liability, penalty or sanction for which Tenant has not made provisions reasonably acceptable to Landlord and Lender, or (C) defeasance or loss of priority of its interest in the preceding sentencePremises; provided, further, however, that TENANT SHALL NONETHELESS BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCEENCUMBRANCE BY TENANT. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, shall observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord. Notwithstanding the foregoing, Tenant shall not use, occupy or permit the Premises to be used or occupied, nor do or permit anything to be done in or on the Premises in a manner which would constitute a public or private nuisance or waste.

Use. Tenant may use Use of the Premises for general office System and any computer data center purpose or for any other lawful purpose providedits data, howeverincluding but not limited to contact information, is governed by the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount terms, conditions and restrictions set forth in the value of the Buildingterms provided in Exhibit A, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation B and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable C. All PARTICIPANTS agree to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory contained in Exhibits A, B, and C. COUNTY retains the right to Landlordupdate Exhibits A, B, and C as needed, in whole or in part, during the life of this MOU. Subject Any and all revised Exhibits will be distributed to PARTICIPANTS within five business days of the revision date and shall be incorporated into this MOU. Such modifications to the preceding sentenceExhibits shall not be deemed an amendment for the purposes of Paragraph X. Amendments, TENANT SHALL BE OBLIGATED TO INDEMNIFYbelow. PARTICIPANT, DEFEND AND HOLD HARMLESS LANDLORDincluding each of its agents, LENDER AND ALL OTHER INDEMNIFIED PARTIESofficers, FROM ANY AND ALL LOSSESemployees, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect and representatives who are given access to the Permitted Encumbrances System, agrees to abide by the individual terms of each agreement and the additional conditions incorporated herein. Breach of use may result in individual user or PARTICIPANT access account termination. PARTICIPANT agrees to require each Individual User to execute an Individual User Agreement (Exhibit D) regarding their obligations to maintain the confidentiality of login and password information; ensure that they will use the System in accordance with all applicable laws and regulations, including those relating to use of personal information; that they may be responsible for any covenants, restrictions or agreements hereafter created by or consented breach of the terms of the Agreement with Everbridge and/or this MOU; and the confidentiality provisions of this MOU. PARTICIPANT further agrees to by Tenant, Tenant shall, subject provide a copy of the signed Individual User Agreement to COUNTY and notify COUNTY if an individual user withdraws their consent to the foregoingIndividual User Agreement at anytime during the term of this MOU. The scope of services under the Agreement is limited to using the System to distribute business communication to PARTICIPANT inter-departmental resources and/or emergency information to the public in emergency notification situations. All PARTICIPANTS have read and accept the terms and conditions found in COUNTY’s “Countywide Public Mass Notification System Policy and Guideline (June 30, observe2008)”, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord.attached hereto as Exhibit B.

Use. A. Tenant may use the Premises for general office as a distribution center and any computer data center purpose or for any other lawful purpose providedall ancillary uses associated therewith, howeverin all cases subject to and in compliance with all Laws and Permitted Encumbrances. Tenant shall use the Premises only as provided by and in accordance with all Permitted Encumbrances, the subject to Landlord’s reservation of rights herein. Tenant shall not use or occupy the Premises, or any part thereof, nor permit or allow the Premises in a manner which would or any part thereof to be used or occupied, for (i) result any purpose or in any manner which is in violation of any Law or a diminution of more than a de minimis amount in the value violation of the Building, provisions set forth in Section 27 or any other provision of this Lease or (ii) cause a nuisance in any manner which violates any certificates of occupancy for the Premises or (iii) involve the production makes void or the storage of Hazardous Materials (other than the storage of Hazardous Materials voidable any insurance then in connection force with the operation and maintenance respect thereto as is required pursuant to Section 15 hereof. Tenant’s occupancy of the Premises as a data center and will be in compliance with Environmental Law)all Laws and insurance requirements, and as otherwise provided in this Lease. In no event Tenant shall neither suffer nor permit the Premises or any portion thereof to be used, or otherwise act or fail to act, in such a manner as (I) might impair Landlord’s title thereto or to any portion thereof, (II) may make possible a claim of adverse use or possession or an implied dedication of the Premises or any portion of the Premises, or (III) may subject the Premises or this Lease to any Encumbrances, other than Permitted Encumbrances. Notwithstanding anything herein to the contrary, Tenant shall not (a) permit any unlawful or immoral practice to be carried on or committed in the Premises; (b) make any use of or allow the Premises to be used for any purpose which shall violate that might invalidate or increase the rate of insurance thereof; (c) deface or injure the Premises; (d) overload the floors, walls or ceilings of the Premises; (e) sell or consume, or allow the sale or consumption of, alcoholic beverages in the Premises; (f) commit or suffer any material waste in or about the Premises; (g) use the Premises in any manner that may diminish the value of the Premises in any material respect; or (h) use the Premises for any of the provisions following purposes without the Landlord’s prior consent (in its sole and absolute discretion): (i) bar, nightclub, adult bookstore or video shop or other adult entertainment establishment; (ii) incineration or reduction of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, garbage or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to garbage dumps on the Premises. Notwithstanding anything ; (iii) mortuary; (iv) fire sale, bankruptcy sale or auction house operation; (v) gas station; (vi) laundry or dry cleaning plant or laundromat; (vii) automobile, truck, trailer or RV repairs on-site; (viii) “flea market”, secondhand, surplus or other “off-price” or deep discount store (provided this language shall not be construed to the contrary herein contained, in no event shall limit Tenant’s use of a portion of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance Big Lots retail store); (a “Planned Use Violation”ix) constitute a violation of this Section 4massage parlor; provided, however, the foregoing shall in no way be construed as limiting (x) carnival; or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurancexi) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance gambling or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordoff-track betting operation.

Use. Tenant may Subtenant will use and occupy the Premises during the Sublease Term for general office, laboratory use for research and development and storage purposes and in accordance with Section Article 4 of the Master Lease, and for no other purpose (provided that no laboratory classified as a BSL-3 or BSL-4 shall be permitted) and in all cases in accordance with Law, including any hazardous waste or medical waste rules and regulations promulgated by Sublandlord or any applicable governmental authority (collectively, the “Permitted Use”), Sublandlord acknowledges that it is not the intent of this Section 6 to prohibit Subtenant from using the Premises for general office and any computer data center purpose the Permitted Use. Subtenant may operate its business according to prudent industry practices so long as the use or for any other lawful purpose provided, however, presence of Hazardous Materials is in accordance with applicable Hazardous Materials Law (as defined in Section 16). Subtenant agrees to deliver to Sublandlord prior to the Tenant shall not use the Premises in Sublease Commencement Date a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage list identifying each type of Hazardous Materials (other than as defined in Section 16) to be brought upon, kept, used, stored, handled, treated, generated on, or released or disposed of from, the storage of Hazardous Materials Premises and setting forth any and all governmental approvals or permits required in connection with the operation presence, use, storage, handling, treatment, generation, release or disposal of such Hazardous Materials on or from the Premises ("Hazardous Materials List"). Upon request of Sublandlord, Subtenant shall deliver to Sublandlord an updated Hazardous Materials List within thirty (30) days following Sublandlord’s request, provided that Sublandlord shall not make such request more than once per calendar year during the Sublease Term (unless required by applicable legal requirements or in connection with a specific transaction involving the Premises). On request, Subtenant shall deliver to Sublandlord true and maintenance correct copies of the permits, approvals, reports and material correspondence, and storage and management plans relating to the use, storage, handling, treatment, generation, release or disposal of Hazardous Materials by Subtenant at the Premises, including plans relating to the installation of any storage tanks containing Hazardous Materials to be installed in or under the Premises as a data center and (provided, said installation of tanks shall only be permitted after Sublandlord has given its written consent to do so, which consent shall be given in compliance accordance with Environmental LawSection 6). In no event At any time following Subtenant's receipt of a request from Sublandlord, Subtenant shall promptly complete a "hazardous substances questionnaire" (excluding confidential information, unless Sublandlord and Subtenant enter into a commercially reasonable non-disclosure agreement with respect to such confidential information) using the form then-provided by Sublandlord to the extent the same is reasonably satisfactory to Subtenant. Any handling, treatment, transportation, storage, disposal or use of Hazardous Materials by Subtenant in or about the Premises be used for any purpose which shall violate any of or the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall TenantProperty and Subtenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with all applicable lawsHazardous Materials Law. Without limiting the generality Subtenant shall give written notice to Sublandlord as soon as reasonably practicable of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply (A) any communication received by Subtenant from any governmental authority concerning Hazardous Materials which relates to the extent Premises or the title insurance policy obtained by Landlord in connection with its purchase Property, and (B) any disposal, release or threat of release of Hazardous Materials on, under, from or about the Premises (and Building or the simultaneously issued Lender’s policy Property of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance which Subtenant is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordaware.

Use. Tenant may use Except as set forth below, each of the Premises Properties shall be used solely for general office the operation of a Permitted Facility in accordance with the standards of operations then in effect on a system-wide basis, and for no other purpose. Lessee and the Permitted Sublessees shall occupy the Properties promptly following the Effective Date and, except as set forth below and except during periods when any computer data center purpose of the Properties is untenantable by reason of fire or for any other lawful purpose casualty or condemnation (provided, however, the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate during all such periods while any of the provisions Properties is untenantable, Lessee shall strictly comply with the terms and conditions of any Section 21 of this Lease), Lessee and the Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to Sublessees shall at all times during the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use Lease Term occupy each of the Premises for general office Properties and any computer data center purpose in violation shall diligently conduct their business on each of the Properties as a Permitted Encumbrance (Facility. Lessee may cease or permit a “Planned Use Violation”) constitute Permitted Sublessee to cease diligent operation of business at any of the Properties for a violation of this Section 4period not to exceed 180 days; provided, however, the foregoing shall in no way be construed as limiting Lessee may not cease or otherwise modifying Tenant’s obligations hereunder permit a Permitted Sublessee to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply cease diligent operation at more than two Properties at any one time and Lessee may cease or permit a Permitted Sublessee to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost cease operation only once with respect to each Property within any five-year period during the Lease Term. If Lessee or a Permitted Sublessee does discontinue operation as permitted by this Section, Lessee shall (i) give written notice to Lessor within 10 days after Lessee or a Permitted Sublessee elects to cease operation, (ii) provide adequate protection and maintenance of any such Permitted Encumbrance on Properties during any period of vacancy, (iii) comply with all Applicable Regulations and otherwise comply with the terms and conditions reasonably satisfactory of this Lease other than the continuous use covenant set forth in this Section, and (iv) pay all costs necessary to Landlordrestore such Properties to their condition on the day operation of the business ceased at such time as such Properties are reopened for business operations or other substituted use approved by Lessor as contemplated below. Subject Notwithstanding anything herein to the preceding sentencecontrary, TENANT SHALL BE OBLIGATED TO INDEMNIFYLessee shall pay the Base Monthly Rental on the first day of each month during any period in which Lessee discontinues operation. Lessee shall not, DEFEND AND HOLD HARMLESS LANDLORDby itself or through any assignment, LENDER AND ALL OTHER INDEMNIFIED PARTIESsublease or other type of transfer, FROM ANY AND ALL LOSSESconvert any of the Properties to a use other than a Permitted Facility during the Lease Term without Lessor's consent, LIABILITIESwhich consent shall not be unreasonably withheld or delayed. Lessor may consider any or all of the following in determining whether to grant its consent, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein without being deemed to be observed unreasonable: (i) whether the rental paid to Lessor would be equal to or greater than the anticipated rental assuming continued existing use, (ii) whether the proposed rental to be paid to Lessor is reasonable considering the converted use of the Properties and performed by Landlordthe customary rental prevailing in the community for such use, (iii) whether the converted use will be consistent with the highest and best use of the Properties, and (iv) whether the converted use will increase Lessor's risks or decrease the value of the Properties.

Use. (a) Subject to Tenant’s compliance with all zoning ordinances and Legal Requirements (as hereinafter defined), the Premises shall be used only for the purpose of the operation, instillation, maintenance, repair and replacement of telecommunications equipment and its related facilities, collocation with Tenant’s customers, and for general office use (the “Telecommunication Use”), an administration CONFIDENTIAL & PROPRIETARY Subject to Audit Protective Agreement office, computer systems, engineering, data services, receiving, storing, shipping and selling (but limited to wholesale and internet sales) products, materials and merchandise made and/or distributed by Tenant, maintaining a Meet Me Room (as defined in Section 46), which may be used by other internal service providers, provided Tenant shall (1) insure that all third parties who use the Meet Me Room comply with all of the terms and conditions of this lease and (2) remain primarily liable for all of the obligations of the “Tenant” under this Lease, and for such other lawful purposes as may use be incidental thereto; however, no retail sales may be made from the Premises. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. The population density within the Premises as a whole shall at no time exceed one person for each 333 rentable square feet of office space in the Premises (not to exceed five percent (5%) of the Premises for general office the purpose of this calculation) and any computer data center purpose or one person for any other lawful purpose provided, however, each 1,000 rentable square feet of non -office space in the Premises. Tenant shall not will use the Premises in a careful, safe and proper manner which would (i) result in a diminution of more than a de minimis amount in and will not commit waste, overload the value floor or structure of the BuildingPremises or subject the Premises to use that would damage the Premises tenant shall not permit any objectionable or unpleasant odors, (ii) cause smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or (iii) involve would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the production Project Subject to Section 43 and all applicable legal Requirements, outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord’s prior written consent. Tenant shall not do or permit anything to be done in or about the Premises, the Building or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection Project that will unreasonably interfere with the operation and maintenance rights of other tenants of the Premises as a data center and in compliance with Environmental Law). In no event shall Building or the Project or allow the Premises to be used for any purpose which unlawful purpose”. Tenant shall violate any of not do, permit or suffer in on, or about the provisions Premises the use or sale of any Permitted Encumbrance or alcoholic liquor without the prior written consent of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord.

Use. The Tenant may shall use and occupy the Demised Premises for general office offices, warehousing and any computer data center purpose distribution of cosmetics, fragrances and personal care items, and for repackaging of cosmetics, fragrances and personal care items only, and for no other purpose. If Tenant desires to expand or change the aforementioned uses, Tenant shall not do so without first obtaining Landlord's written consent. Landlord agrees not to unreasonably withhold its consent, if the use is for warehousing only of products which are consumer products, and are non-hazardous and are not toxic pollutants. In all other events, Landlord may, for no reason or for any other lawful purpose providedreason, howevernot consent to a change or expansion of use. It being a consideration of this Lease, that the use of the premises shall be limited, to those uses as otherwise hereinbefore specified, and Tenant may not, use the premises for manufacturing or the warehousing of any product which is a hazardous substance as that term is more particularly hereinafter defined. Such use does not permit the stacking of merchandise or materials against the walls, so as to create a load or weight factor upon the walls, or to tie in, Tenant's racking systems with such walls, nor the hanging of equipment from (or otherwise loading) the roof or structural members of the building without the express written consent of the Landlord. The Tenant shall not use or occupy or permit the Demised Premises to be used or occupied, nor do or permit anything to be done in or on the Demised Property, in a manner which will in any way violate any Certificate of Occupancy affecting the Demised Premises, or make void or voidable any insurance then in force with respect thereto, or which will make it impossible to obtain fire or other insurance required to be furnished by the Tenant hereunder, at regular rates, or which will cause or be likely to cause structural damage to the Building or any part thereto, or which will constitute a public or private nuisance, or which would (i) result adversely affect the then value thereof, and shall not use or occupy or permit the Demised Premises to be used or occupied in a diminution any manner which will violate any present or future laws or regulations of more than a de minimis amount any governmental authority. Except for the products contemplated by the permitted uses in this Section 2.01, Tenant shall not, during the value term of this Lease store upon the premises, hazardous substances as that term may be defined from time to time by the New Jersey Department of Environmental Protection or, by the Federal Environmental Protection Agency pursuant to Section 311 of the Building"Federal Water Pollution Act, amendments of 1972" (ii33 U.S.C. Section 1321) cause a nuisance or (iii) involve and the production list of toxic pollutants designated by Congress or the Environmental Protection Agency pursuant to Section 307 of that Act (33 U.S.C. Section 1317). The storage of Hazardous Materials (other than products contemplated by the storage permitted uses in this Section 2.01 shall during the term of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and this Lease be in compliance with Environmental Law)all applicable laws and regulations, whether federal, state or local, and whether environmental or otherwise. Nothing herein contained shall be deemed or construed to constitute a representation or guaranty by the Landlord that any specific business may be conducted in the Demised Premises or is lawful under the certificate of occupancy. In no the event shall the Premises be used Tenant cannot obtain the continued certificate of occupancy for any purpose which shall violate any the uses of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to Demised Premises described in the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation first sentence of this Section 42.01, then in such event, Tenant shall have the right, prior to Tenant taking occupancy, to terminate this Lease; such right of termination in all events to be exercised no later than ten (10) days from the date Landlord advises Tenant, TIME BEING OF THE ESSENCE, that the municipality will not issue the continued Certificate of Occupancy. Tenant acknowledges and recognizes that Tenant will have to undertake ordinary and usual improvements required by the municipality, such as, but not limited to, in rack sprinklers, exit areas marked on the floor, exit signs, etc. If Tenant is required to undertake other improvements in order to obtain the continued certificate of occupancy, such improvements specifically required by the municipality by reason of Tenant's peculiar use, and if the collective cost thereof is more than FIVE THOUSAND and NO/100 Dollars ($5,000.00), then Tenant shall have the right to terminate this Lease, such right to be exercised, in all events, within the ten (10) day time period as heretofore provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT TIME BEING OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordESSENCE.

Use. Tenant may Sublessee shall use the Subleased Premises only for office, research and development and such ancillary uses which do not cause excessive wear of the Subleased Premises or increase the potential liability of Sublessor, and, except as otherwise expressly permitted in this Sublease, in accordance with the provisions of Section 5.01 of the Master Lease. Notwithstanding the foregoing sentence, at Sublessee’s option (written notice of which election shall be given to Sublessor at least sixty (60) days prior to commencement of such use), and subject to the terms of the Master Lessor’s Consent (which shall include Master Lessor’s consent to the following), the Subleased Premises also may be used and occupied for laboratory, biopharmaceutical research (including without limitation, vivarium and animal colony facilities for rodents only, small scale pilot fermentation and other pilot plant facilities) and other related legal uses (collectively, “Lab Uses”). Sublessee shall use the Subleased Premises for general office no uses other than those set forth in the foregoing two sentences without Sublessor’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed so long as such use is lawful and any computer data center purpose or for does not conflict with any other lawful purpose providedprovision of this Sublease, howeverand the prior written consent of Master Lessor. Upon demand, Sublessee shall pay to Sublessor all taxes or charges imposed by applicable governmental authorities against the Tenant Subleased Premises or Sublessor, so long as such tax or assessment is directly related to Sublessor’s interest in the Subleased Premises (including, without limitation, assessments imposed as a consequence of the occurrence, storage, use or disposal of Hazardous Materials [as defined in Section 17.22(a) of the Master Lease] by Sublessee or Sublessee’s Agents in or about the Subleased Premises). Sublessee shall not use do or permit anything to be done in or about the Subleased Premises in a manner which would (i) result in a diminution of more than a de minimis amount in injure the value of the BuildingSubleased Premises, or (ii) cause a nuisance vibrate, shake, overload, or (iii) involve impair the production efficient operation of the Subleased Premises or the storage sprinkler systems, heating ventilating or air conditioning equipment, or utilities systems located therein. Sublessee shall not store any materials, supplies, finished or unfinished products, or articles of Hazardous Materials (other than any nature outside of the storage of Hazardous Materials in connection Subleased Premises, except with the operation and maintenance prior written consent of the Premises as a data center and in compliance with Environmental Law)Master Lessor. In no event Sublessee shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply all reasonable rules and regulations promulgated from time to the extent the title insurance policy obtained time by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordMaster Lessor.

Use. A. Tenant may use the Premises for general office as a restaurant, gift shop and any computer data center purpose ancillary uses associated therewith, or for any other lawful purpose providedretail use that does not adversely impair the value of the Premises and in all cases subject to and in compliance with all Laws and Permitted Encumbrances. Tenant shall use the Premises only as provided by and in accordance with all Permitted Encumbrances, however, the subject to Landlord’s reservation of rights herein. Tenant shall not use or occupy the Premises, or any part thereof, nor permit or allow the Premises or any part thereof to be used or occupied, for (i) any purpose or in any manner which is in violation of any Law or a violation of the provisions set forth in Section 27 or any other provision of this Lease or (ii) in any manner which violates any certificates of occupancy for the Premises or makes void or voidable any insurance then in force with respect thereto as is required pursuant to Section 15 hereof. Tenant’s occupancy of the Premises will be in material compliance with all Laws and insurance requirements, and as otherwise provided in this Lease. Tenant shall neither suffer nor permit the Premises or any portion thereof to be used, or otherwise act or fail to act, in such a manner as (I) likely to impair Landlord’s title thereto or to any portion thereof, (II) may make possible a claim of adverse use or possession or an implied dedication of the Premises or any material portion of the Premises, or (III) subject the Premises or this Lease to any Encumbrances, other than Permitted Encumbrances. Notwithstanding anything herein to the contrary, Tenant shall not (a) permit any unlawful practice to be carried on or committed in the Premises; (b) make any use of or allow the Premises to be used for any purpose that might invalidate or materially increase the rate of insurance thereof; (c) deface or injure the Premises; (d) overload the floors, walls or ceilings of the Premises; (e) intentionally omitted; (f) commit or suffer any material waste in or about the Premises; (g) use the Premises in a any manner which would (i) result in a diminution of more than a de minimis amount in that may diminish the value of the Building, (ii) cause a nuisance Premises in any material respect; or (iiih) involve use the production Premises for any of the following purposes without the Landlord’s prior consent (which may be granted or withheld in its sole and absolute discretion): (i) bar (provided that Tenant shall be permitted to sell alcoholic beverages, in compliance with all Laws and Permitted Encumbrances, at the storage of Hazardous Materials (other than the storage of Hazardous Materials Premises in connection with the operation and maintenance of a restaurant thereon), nightclub, adult bookstore or video shop or other adult entertainment establishment; (ii) incineration or reduction of garbage or any garbage dumps on the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting a trash incinerator or otherwise modifying compactor used exclusively for Tenant’s obligations hereunder to comply with applicable laws. Without limiting onsite operation for the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 Premises shall not apply be permitted to the extent the title insurance policy obtained by Landlord in connection with its purchase of same is customary and appropriate for restaurants similar to the Premises and provided that such trash incinerator or compactor is used in compliance with all applicable Laws and Permitted Encumbrances; (and the simultaneously issued Lender’s policy of title insuranceiii) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance mortuary; (iv) fire sale, bankruptcy sale or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentenceauction house operation; (v) gas station; (vi) laundry or dry cleaning plant or laundromat; (vii) automobile, TENANT SHALL BE OBLIGATED TO INDEMNIFYtruck, DEFEND AND HOLD HARMLESS LANDLORDtrailer or RV repairs on-site; (viii) “flea market”, LENDER AND ALL OTHER INDEMNIFIED PARTIESsecondhand, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions surplus or agreements hereafter created by other “off-price” or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlorddeep discount store; (ix) massage parlor; (x) carnival; or (xi) gambling or off-track betting operation.

Use. Tenant may use Subject to Applicable Laws, the Premises shall be used only for the purpose of general office office, manufacturing, receiving, storing, shipping and any computer data center purpose or selling (other than retail) products, materials and merchandise made and/or distributed by Tenant, and for any such other lawful purpose providedpurposes as may be incidental thereto. Provided that such use is permitted by Applicable Laws, howeverany manufacturing performed by Tenant at the Premises shall be limited to the manufacture and/or assembly of pharmaceutical, the diet supplement and/or other human health related products. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall not use permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises in Premises, nor take any other action that would constitute a manner which health or environmental hazard or nuisance or that would (i) result in a diminution disturb, interfere with, or endanger Landlord or the occupant of more than a de minimis amount any other land or buildings in the value vicinity of the Building, (ii) cause a nuisance Project or (iii) involve the production or the storage of Hazardous Materials (any other than the storage of Hazardous Materials in connection with the operation and maintenance tenant of the Premises as a data center and in compliance with Environmental Law)Project. In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s 's use of the Premises for general office and must in any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; providedevent comply with all Applicable Laws including, howeverwithout limitation, the foregoing shall in no way be construed as limiting or otherwise modifying Declaration and Applicable Laws. TENANT SHALL MAKE ITS OWN DETERMINATIONS AS TO THE SUITABILITY OF THE PREMISES FOR ITS INTENDED USE. BY ENTERING INTO THIS LEASE, TENANT REPRESENTS AND WARRANTS THAT IT HAS INVESTIGATED AND SATISFIED ITSELF AS TO WHETHER OR NOT APPLICABLE LAWS PERMIT ITS INTENDED USE OF THE PREMISES AND THAT TENANT IS RELYING SOLELY UPON SUCH INVESTIGATIONS, AND NOT UPON AND REPRESENTATIONS OF LANDLORD, IN ENTERING INTO THIS LEASE. If Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase 's particular use of the Premises (requires that additional improvements or modifications be made to the Premises or the Project by Landlord so that the Premises and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost Project complies in all respects with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by TenantApplicable Laws, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to shall be observed and performed by Landlordsolely responsible for such costs.

Use. The storage Space shall not be used for any unlawful purpose and will be kept in good condition. Tenant shall have sole responsibility to secure the Space. Lessor shall have no responsibility to secure Tenant's Space. Tenant may use only store personal property owned by Tenant. Tenant represents that none of the Premises for general office and any computer data center purpose or for any other lawful purpose provided, however, the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount personal property stored in the Space is subject to perfected security interests under the Uniform Commercial Code in which Tenant is a debtor. Tenant has exclusive control of the storage Space during the term of this Agreement, and specifically agrees that so long as Tenant observes the Rules and Regulations and the provision of this paragraph, Lessor is not concerned with the kind, quality or value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials any goods stored. IT IS UNLAWFUL TO USE THIS STORAGE FACILITY AS A RESIDENCE. Tenant agrees that in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises total value of all property stored in this Space be deemed to exceed $5,000 unless Lessor has given permission in writing for Tenant to store property exceeding $5,000 in value. The provisions of this paragraph do not alter the release of Lessor's liability set forth in Paragraph 12, "Default" nor do they constitute any admission that Tenant's stored property has any value whatsoever. Storage of any materials classified as hazardous or illegal under any state, federal or local law or regulation is prohibited. The storage of welding or flammable, chemical, odorous, explosive or other inherently dangerous material is prohibited. Tenant shall not do or permit to be done any act which creates or may create a hazard or nuisance in connection with Tenant's use of the Space. In Lessor's sole discretion, access to the Facility may be conditioned in any manner deemed reasonably necessary by Lessor. Tenant acknowledges that the Space may be used for any purpose which shall violate any storage only, and is not to be used for the conduct of business. Human or animal habitation is specifically prohibited. NEVADA LAW REQUIRES STORAGE OCCUPANTS TO DISCLOSE WHETHER THE FOLLOWING PROTECTED PROPERTY IS OR WILL BE STORED IN THE LEASED SPACE: Pharmaceuticals (except those dispensed by a pharmacy for Occupant's personal use) Alcoholic beverages Firearms Documents, files or electronic data containing financial, medical, legal or passport information about the provisions Occupant's customers, clients or patients (except Occupant's personal records) Read the Disclosure below NONE of above STORING PROTECTED DOCUMENTS, FILES OR ELECTRONIC DATA: If you are subject to mandatory licensing, registration, permitting, or other professional or occupational regulation by a government agency, board, or commission and the Protected Property to be stored is related to that profession or occupation, you are to provide written notice to that agency, board or commission. It must state that you are storing Protected Property, identify the general type of Protected property being stored at the facility. You will provide us with a copy of any Permitted Encumbrance or of written notice provided to any amendmentsuch agency, extension, replacementboard, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented commission. You MUST provide complete contact information for an alternate person if we are unable to by Tenant applicable to the Premisesreach you. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord.Initials:

Use. Tenant may use The Premises shall be used by TDI-NE for the construction, reconstruction, maintenance, movement, relocation, inspection, alteration, repair, replacement and operation of cables and associated equipment for the transmission of electricity (including but not limited to fiber optic cables), including the right to abandon such cables in place when the Project is no longer being commercially operated, provided that (1) TDI-NE provides written notification to VTrans at least 180 days prior to such abandonment; (2) TDI-NE takes reasonable action prior to abandonment to prevent voids under the roadway resulting from the abandonment of the cables. As used herein, the term “cables” shall include such surface or subsurface appurtenances and facilities as reasonably deemed necessary or convenient by TDI-NE for its operation and maintenance. In the event that TDI-NE elects to abandon the cables, the State shall be entitled to elect in its sole discretion to take title to the cables within the Premises by providing notice to TDI-NE within 90 days of receiving TDI-NE’s notice of abandonment under (1) above. In the event TDI- NE elects to abandon the cables in place upon termination or expiration of the Lease under Section 3, no rents shall be due thereafter under Attachment B regardless of whether the State elects to take title to the cables, TDI-NE shall have the right to engage in all actions and activities incidental to, necessary or appropriate for, carrying out the uses set forth above, and/or consistent with the use of the rights hereby granted and the conditions and specifications set forth in the Permit, including the right of ingress and egress to and from the cables for general office and any computer data center purpose or for any other lawful purpose provided, however, the Tenant shall not use exercise of the rights herein granted. All trees removed from the Premises shall first be offered to VTrans for donation to the Vermont Fuel Assistance Program, and all stumps shall be either ground in a manner which would (i) result in a diminution of more than a de minimis amount in place or removed from the value Premises. TDI-NE specifically acknowledges and agrees that the State, as owner of the BuildingPremises, (ii) cause may require that TDI-NE relocate the cable facilities should the State determine, in writing, that relocating the cable facilities is necessary for the planning, construction, repair or replacement of a nuisance transportation facility in or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable adjacent to the Premises. Notwithstanding anything In the event that the State determines that such relocation is necessary, the State shall: (a) provide twelve (12) months prior written notice to TDI-NE and sufficient time to relocate its facilities; (b), endeavor to offer suitable substitute property upon which the contrary herein containedrelocation or adjustment can be effected, in no event shall Tenant’s and (c) failing the availability of such suitable substitute property, collaborate with TDI-NE so that such property may be promptly obtained by the State, through negotiation and/or the use of eminent domain if the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way same may be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable lawslegally resorted to. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord.ATTACHMENT B

Use. Tenant may shall use the Premises solely for general the purposes set forth in Section 9 of the Summary, consistent with the character of the Project as a first-class creative office building, and any computer data center purpose Tenant shall not use or permit the Premises to be used for any other lawful purpose or purposes whatsoever, unless approved by Landlord in Landlord’s sole discretion. Tenant acknowledges and agrees that the Project falls under the jurisdiction of the Bergamot Area Plan, and Tenant further covenants and agrees that it shall not use or suffer, or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of this Lease or in violation of applicable Laws, provided, however, the cost of such compliance shall be governed by Articles 4 and 22 of this Lease, and Tenant shall be bound and shall PEN XXXXXXX [Awesomeness TV] comply with the non-discriminatory and reasonable rules and regulations adopted by Landlord from time to time (the “Rules and Regulations”), including, without limitation, the rules and regulations attached as Exhibit E hereto and incorporated herein by this reference. Landlord shall not be responsible to Tenant or to any other person for any violation, or failure to observe, the Rules and Regulations for the Project by any other tenant or other person; provided, however, Landlord shall use reasonable efforts to cause other tenants and persons within the Premises Project to observe the Rules and Regulations. The Rules and Regulations shall not be unreasonably or discriminatorily modified or enforced in a manner which would shall materially adversely interfere with the conduct of Tenant’s Permitted Use from the Premises or Tenant’s use of or access to the Premises or the Parking Areas. Tenant shall comply with all recorded covenants, conditions and restrictions currently existing or any future recorded covenants, conditions and restrictions of which Tenant has been provided written notice, and the provisions of all ground or underlying leases (“Underlying Documents”), now or hereafter affecting the Project; provided, however, no Underlying Documents or amendments thereto shall materially, adversely (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall affect Tenant’s use of the Premises for general or creative office use or access to the Premises or the Parking Areas, or (ii) no amendment to any Underlying Document shall materially adversely increase Tenant’s obligations under this Lease. As of the date hereof, to Landlord’s knowledge, there are no Underlying Documents affecting the Project (specifically excluding any easements and oil and gas leases), which would materially increase Tenant’s obligations or materially adversely impair Tenant’s rights hereunder. The uses prohibited under this Lease shall include, without limitation, use of the Premises or a portion thereof for (i) offices of any agency or bureau of the United States or any state or political subdivision thereof which (a) is of a character or reputation, is engaged in a business, or is of, or is associated with, a political orientation or faction, which is inconsistent with the nature of a first-class office project or which would otherwise reasonably offend a landlord of a Comparable Building, (b) is capable of exercising the power of eminent domain or condemnation, or (c) would, in Landlord’s reasonable judgment, materially increase the human and/or vehicular traffic in, or the security threat to, the Premises, the Building and/or the Project; (ii) offices or agencies of any foreign governmental or political subdivision thereof; (iii) medical uses, including, without limitation, offices of any health care professionals; (iv) schools or other training facilities which are not ancillary to corporate, executive or professional office use; (v) retail or restaurant uses; (vi) communications firms for broadcasting purposes such as radio and/or television stations; (vii) call centers or telemarketing uses; or (viii) adult video business operations. Notwithstanding the foregoing, Tenant shall have the right, subject to compliance with all applicable provisions of this Lease and applicable Laws, to use the Premises or portions thereof for the following specific purposes: (A) kitchens, pantries and dining rooms for the feeding of employees and guests of Tenant, but only to the extent consistent with typical general office use by office tenants in first-class creative office building projects; (B) recreation rooms for employees of Tenant; (C) vending machines and snack bars for the sale of food, confections, nonalcoholic beverages, newspapers and other convenience items to employees of Tenant; (D) business and mailroom machines, equipment for printing, producing and reproducing forms, circulars and other materials used in connection with the conduct of Tenant’s business; (E) libraries for employees of Tenant; (F) computer and other electronic data center processing; (G) boardrooms and conference rooms; (H) training and testing rooms for employees of Tenant; (I) facilities for storage of equipment and supplies in connection with the foregoing; and (J) safe and vault areas. Notwithstanding the foregoing, in no event shall any of the uses set forth in items (A) through (J), above, or any non-general office component of the Permitted Use, as set forth in Section 9 of the Summary, cause odors, sounds, sound-related vibrations or other odors, noise or vibrations to be smelled, heard or felt from outside the Premises to the extent as to materially and adversely affect the quiet enjoyment of other tenants or occupants of the Project. Tenant further covenants and agrees that Tenant shall not use, or suffer or permit any person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of the Rules and Regulations, or in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4applicable Laws; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation cost of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord compliance shall be governed by Section 5.2 and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms Articles 4 and conditions reasonably satisfactory to Landlord24 of this Lease. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord.PEN FACTXXX [Awesomeness TV]

Use. The Premises shall be used by Tenant may use only for the Premises for general office and any computer data center purpose purposes set forth in Section 1.01(o) above or for any other lawful purpose provided, however, the to which Landlord consents. Tenant shall not use or permit the use of the Premises in any manner that will tend to create waste or a manner nuisance. Tenant shall keep all its mechanical apparatus free of noise and vibration which would (i) result in a diminution of more than a de minimis amount in may be transmitted beyond the value confines of the Building, (ii) Property and shall not cause a nuisance or (iii) involve permit objectionable odors to emanate or be dispelled from the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of Property. Tenant shall have access to the Premises as a data center and in compliance with Environmental Law)24 hours per day, 7 days per week. In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Landlord recognizes that Tenant’s use of the Premises will be for general office the warehousing, repackaging and distribution of skin care products and that any computer data center purpose adverse odor can be deleterious to the marketability of the products and the ultimate user. Landlord shall strictly enforce the use of the adjoining space in violation the Building of which the Premises are a Permitted Encumbrance part to not lease any portion thereof to a tenant whose use would permit objectionable odors to emanate either directly or indirectly therefrom. To that end, Tenant will respond to an inquiry by Landlord, if given, at Landlord’s sole option, within five (5) business days as to whether or not a “Planned Use Violation”) constitute proposed user’s use of the adjoining facility would have the potential of creating a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying materially adverse situation for Tenant’s obligations hereunder to comply use. At the time of such request, if any, Landlord will provide Tenant with applicable laws. Without limiting the generality a detailed description of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (proposed user and the simultaneously issued Lender’s policy products proposed by the user to be present within the Building. In the event Landlord elects to proceed after being advised of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to material concerns by Tenant, Landlord shall assume the risk of actual damages that Tenant shallmay incur as the proximate result thereof, subject and the indemnification provisions of this Lease shall specifically be applicable to the foregoing, observe, perform and comply with and carry out provisions of this paragraph. Landlord further covenants that it will strictly enforce the provisions thereof required therein to be observed and performed by Landlordterms of this section against any adjoining space within the Building.

Use. Tenant The Premises may use the Premises for general office and any computer data center purpose or be used for any other lawful purpose providedwhich is not prohibited under the Declaration (as defined in Section 17.1). Notwithstanding the foregoing, however, the Tenant shall not use or permit any use of the Premises that constitutes a Prohibited Use. For purposes hereof, a “Prohibited Use” is any use that: (i) violates any certificate of occupancy in force for the Improvements; (ii) involves the storage, maintenance or handling of Hazardous Materials not normally associated with a warehouse/distribution facility of consumer goods; (iii) violates any provision of the Permitted Exceptions, or (iv) is not a permitted use under the “ID Intensive Development” designation under the zoning code of Lexington County, South Carolina. Notwithstanding the preceding subsection (iii), Landlord agrees that Tenant is free to request and pursue any required variances under the ID zoning code for non-use related items, such as for example, a variance for a set back would be acceptable, but a special use permit for a heavy industrial use would not be acceptable. Landlord shall at all times during the Term hereof, at no cost, expense or liability to Landlord, cooperate with Tenant in obtaining such modifications, variances, special use permits and such other changes in Requirements (as hereinafter defined in Section 22.3) affecting the Premises, as Tenant may request. Tenant shall not permit the Premises, or any portion thereof, to be used in such manner which impairs Landlord’s right, title or interest in the Premises or any portion thereof, or in such manner which gives rise to a claim or claims of adverse possession or of a dedication of the Premises, or any portion thereof, for public use. Tenant shall not use or occupy the Premises or permit the Premises to be used or occupied contrary to any Requirements applicable thereto or in any manner which would violate any certificate of occupancy affecting the same. Tenant agrees that it will, promptly upon discovery of any such use, immediately notify Landlord and take all necessary steps to compel the discontinuance of such use. 8 ARTICLE VII CONDITION, MAINTENANCE AND REPAIRS 7.1 Tenant’s Repairs. Commencing on the Commencement Date, Tenant shall maintain the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in good condition and shall be responsible for all repairs and replacements required to be made to the value Premises or any portion thereof. It is the intention of the Buildingparties that, (ii) cause a nuisance following the Commencement Date, all development and construction on and to the Premises and all maintenance, repair and other work with respect thereto required hereunder shall be Tenant’s sole responsibility and Landlord shall have no obligation or (iii) involve liability with respect thereto. Subject to the production rights of the Tenant to terminate the Lease as provided in Article IX and Article X of this Lease, Tenant shall, at its sole cost and expense, promptly make all necessary repairs and replacements, structural or otherwise, ordinary as well as extraordinary, foreseen as well as unforeseen, in and to the storage Premises, including, without limitation, the entire interior and exterior of Hazardous Materials (the Improvements, the roof, the foundations, sidewalks, parking areas, railroad tracks, water, sewer, gas and electricity connections, pipes, mains and all other than the storage of Hazardous Materials fixtures, machinery, apparatus, equipment and appurtenances now or hereafter belonging to, connected with or used in connection conjunction with the Premises. All such repairs and replacements shall be of first-class quality and sufficient for the proper maintenance and operation and maintenance of the Premises as a data center Premises. Tenant shall keep and in compliance maintain the Premises, including the Improvements and all sidewalks, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by way of limitation, snow and ice clearance, landscaping and removal of waste and refuse matter. Tenant, at its own cost and expense, shall promptly comply with Environmental Law). In no event shall any and all Requirements now or hereafter affecting and applicable to the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions part thereof. Landlord shall not be required to furnish any services or agreements hereafter created by or consented to by Tenant applicable facilities whatsoever to the Premises. Notwithstanding anything to the contrary herein containedTenant hereby assumes full and sole responsibility for condition, in no event shall Tenant’s use operation, repair, alteration, improvement, replacement, maintenance and management of the Premises. The foregoing obligation of Tenant shall include making, at its expense, any modifications required to make the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord.7.2

Use. Tenant may use the Premises for general office and any computer data center purpose or for any other lawful purpose provided, however, the Tenant Lessee shall not use or permit the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises premises to be used for any purpose other than as above stated, nor keep or store in or about the premises anything which will increase the rate of insurance on the building, nor permit any change in occupancy or any transfer of this Lease by operation of law or otherwise, nor make any alterations, additions or improvements, without the written consent of the Lessor first obtained. Lessee will not invalidate any policies of insurance now or hereafter in force with respect to said building and will pay all extra insurance premiums if any, required on account of extra risk caused by the Lessee's use of the premises. Any construction, remodeling, additions, improvements or fixtures, except movable office furniture and trade fixtures, shall violate any be made or installed by the Lessee upon the premises only after the Lessor has given written consent hereto, and shall become the property of the Lessor, and shall remain and be surrendered in good condition with the premises as a part thereof at the termination of this Lease, by lapse of time or otherwise. If Lessor is required in its sole discretion to make alterations or improvements to the premises as a result of the nature of Lessee's business, whether to comply with the provisions of Paragraph 12 or otherwise, Lessee shall bear the cost thereof. Lessee agrees to pay promptly for any Permitted Encumbrance work done or of material furnished in or about the premises and not to suffer or permit any amendment, extension, replacement, or restatement of lien to attach to the premises and Lessee further agrees to cause any such Permitted Encumbrance permitted hereby, lien or any covenants, restrictions or agreements hereafter created by or consented claims therefor to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4be released promptly; provided, however, that in the foregoing event Lessee contests any such claim, Lessee agrees to indemnify and secure Lessor to Lessor's satisfaction. Notice is hereby given that no mechanic's or materialmen's or other liens sought to be taken or vested on the premises or the building of which the premises is a part shall in no way be construed as limiting any manner affect the right, title or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality interest of the foregoingLessor therein, Tenant’s indemnity obligations under this Section 4 and that Lessee shall not apply have no authority from Lessor to the extent the title insurance policy obtained by Landlord in connection with its purchase permit or create any such lien. No Items of any kind shall be stored or left for any period of time outside of the Premises (and confines of the simultaneously issued Lender’s policy leased premises without the prior written consent of title insurance) contains affirmative insurance against Lessor. Lessee shall maintain a constant temperature of no less than 35 degrees Fahrenheit in the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordleased premises.

Use. Tenant may use Buildings in the Premises Shopping Center shall be used for general office commercial purposes of the type normally found in a retail shopping center including, without limitation, financial institutions, service shops, offices, and retail stores. No cafeteria, theatre, bowling alley, billiard parlor, night club or other place of recreation or amusement, or any computer data center purpose business deriving in excess of 40% of its gross sales from the sale of alcoholic beverages shall occupy space within the Inland Parcel without the prior written consent of Seller. In the event that Seller enters into a contract of sale or for lease with Wal-Mart Stores, Inc. or any other lawful purpose providedAffiliate of Wal-Mart Stores, howeverInc. (collectively, "WAL-MART") on or before the Tenant Third Anniversary, then the prohibitions in the preceding sentence ("Use Restrictions") shall be permanent and shall also apply to the Seller Tract and shall not use be permitted on the Premises in Seller Tract without the prior written consent of Inland. If by the Third Anniversary Seller has entered into a manner which would (i) result in a diminution contract of sale or one or more than a de minimis amount in the value leases with any prospective users of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials Seller Tract (other than Wal-Mart), and if such user(s) require that the storage Use Restrictions remain in effect, AS evidenced by a recorded deed or memorandum or memoranda of Hazardous Materials lease so stating, then the Use Restrictions shall be permanent. If the conditions set forth in connection with the operation preceding two sentences are not satisfied by the Third Anniversary, then the Use Restrictions shall expire and maintenance be of no further force or effect. Inland and Seller recognize that said businesses may inconvenience customers and adversely affect business in the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the PremisesShopping Center. Notwithstanding anything to the contrary contained herein containedit is expressly agreed that nothing contained in this Agreement shall be construed to contain a covenant, in no event shall Tenant’s use of either express or implied, to either commence the Premises for general office and any computer data center purpose in violation operation of a Permitted Encumbrance (business or thereafter continuously operate a “Planned Use Violation”) constitute a violation business by Seller or any lessee of Seller on the Seller Tract. Inland recognizes and agrees that Seller may, at Seller's sole discretion and at any time during the term of this Section 4Agreement, cease the operation of any or all business on the Seller Tract; provided, however, the foregoing shall in no way and Inland hereby waives any legal action for damages or for equitable relief which might be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply available pursuant to the extent the title insurance policy obtained terms of this Agreement to Inland because of any such cessation of business activity by Landlord in connection with its purchase Seller or any lessee of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordSeller.

Use. The Tenant may must not use the Premises for general office and any computer data center purpose or Property for any purpose other lawful purpose provided, however, than the Permitted Use. The Tenant must keep the Property open for trading during the Minimum Trading Hours. Except that the Tenant shall not be required to be open for trading in any period during which: the Tenant (or any authorised undertenant or occupier) is carrying out any alterations to the Property that are permitted or required by this lease; the Tenant has vacated the Property in anticipation of an authorised assignment of this lease; it is not possible to occupy or access the Property following damage to or destruction of the Centre by an Insured Risk or an Uninsured Risk; or occupation or trading would result in a breach of any other provision of this lease. The Tenant must not: use the Premises Property for any illegal purposes nor for any purpose or in a manner which that would (i) result in a diminution of more than a de minimis amount in cause loss, damage, injury, nuisance or inconvenience to the value Landlord, the other tenants or occupiers of the BuildingCentre or any property that neighbours the Centre; use the Property as a betting shop or an amusement arcade or otherwise for the purposes of gaming or gambling; hold any auction at the Property; overload any part of the Centre nor overload or block any Service Media at or serving the Property; store, sell or display any offensive, dangerous, illegal, explosive or highly flammable items at the Property; hold a food hygiene raring of less than 3 (ii) cause a nuisance to be clearly displayed at all times); except as permitted by the Rights and 1720.5 interfere with any Service Media at the Centre; allow any person to sleep at or (iii) involve reside on the production Property. Regulations The Tenant must observe all reasonable and proper regulations made by the Landlord from time to time in accordance with the principles of good estate management and notified to the Tenant relating to the use of the Centre, the Landlord's Neighbouring Property and any other neighbouring or adjoining property provided that: such regulations do not materially interfere with the storage Tenant's use of Hazardous Materials (the Property for the Permitted Use and the Tenant's exercise of the Rights; and if there is any conflict between such regulations and the terms of this lease, the terms of this lease shall prevail. Loading and deliveries The Tenant must: not use any other than part of the storage of Hazardous Materials Centre in connection with the operation loading and maintenance delivery of the Premises as a data center goods and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable materials to the Premises. Notwithstanding anything Property except via the access corridor from the entrance to the contrary herein containedstart of their demised (edged orange on the access plan) and yard area. only load or unload vehicles in the yard area; not obstruct the Service Area, in no event shall Tenant’s use of the Premises for general office Service Roads and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (Service Accesses and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordFacilities.

Use. Tenant may Sublessee shall use the Premises Sublease Space only as general office, laboratory, production and warehouse purposes related to pharmaceutical research, development and manufacturing and for general office and any computer data center no other purpose whatsoever. Sublessee shall comply with all laws, rules, orders, ordinances or for any other lawful purpose regulations applicable to Sublessee’s use of the Sublease Space; provided, however, the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s Sublessee be obligated to bring the Sublease Space or any improvements located therein into compliance with any laws, rules orders, ordinances or regulations, including, without limitation, the Americans With Disability Act or any environmental laws, other than as required by applicable law in connection with any alterations or improvements made by Sublessee to the Sublease Space, or the particular use of the Premises for general office Sublease Space by Sublessee, or to accommodate specific employees of Sublessee, following the Effective Date and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation during the term of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shallSublease, subject to the foregoingfollowing provisions of this Section 3. Sublessee accepts the Sublease Space in its “AS IS” condition without warranty from Sublessor or Landlord. Neither Sublessor nor Landlord shall be required to provide any tenant finish, observealterations, perform and comply maintenance, repairs, or janitorial, trash or other services to the Sublease Space. Neither Sublessor nor Landlord has made any representation or warranty regarding the Sublease Space or the Demised Premises including, without limitation, compliance with and carry out the provisions thereof Americans With Disabilities Act or any other laws, rules orders, ordinances or regulations. Sublessee shall not alter or otherwise change the Sublease Space in any manner without the prior written consent of Landlord (any consent of Sublessor being expressly not required therein for purposes hereof), such consent not to be observed unreasonably withheld, conditioned or delayed. As soon as reasonably practicable following the completion of any such alterations or changes, Sublessee shall provide Sublessor written notice of the general nature and performed extent of such alterations or changes; provided, in no event shall Sublessee be required to disclose any details of or circumstances surrounding such alterations or changes that Sublessee deems to be proprietary to its business or Sublessee otherwise desires to keep confidential, as determined by LandlordSublessee in its sole discretion. Upon termination of this Sublease, Sublessee shall immediately quit and surrender the Sublease Space to Sublessor broom clean and in its condition existing as of the Effective Date, ordinary wear and tear and damage by casualty, condemnation or any acts of Landlord or Sublessor excepted.

Use. (a) Tenant may use the Premises for general office the Permitted Use and any computer data center purpose or for any other lawful purpose providedancillary uses associated therewith, howeverin all cases subject to and in compliance with all Laws and Permitted Encumbrances. Tenant shall use the Premises only as provided by and in accordance with all Permitted Encumbrances, the subject to Landlord’s reservation of rights herein. Tenant shall not use or occupy the Premises, or any part thereof, nor permit or allow the Premises or any part thereof to be used or occupied, for (x) any purpose or in a any manner which would (i) result is in violation of any Law or a diminution of more than a de minimis amount in the value violation of the Building, (ii) cause a nuisance provisions set forth in Section 28 or any other provision of this Lease or (iiiy) involve in any manner which violates any certificates of occupancy for the production Premises or the storage of Hazardous Materials (other than the storage of Hazardous Materials makes void or voidable any insurance then in connection force with the operation and maintenance respect thereto as is required pursuant to Section 16 hereof. Tenant’s occupancy of the Premises as a data center and will be in compliance with Environmental Law)all Laws and insurance requirements, and as otherwise provided in this Lease. In no event Tenant shall neither suffer nor permit the Premises or any portion thereof to be used, or otherwise act or fail to act, in such a manner as (I) might impair Landlord’s title thereto or to any portion thereof, (II) may make possible a claim of adverse use or possession or an implied dedication of the Premises or any portion of the Premises, or (III) may subject the Premises or this Lease to any Encumbrances, other than Permitted Encumbrances. Notwithstanding anything herein to the contrary, Tenant shall not (1) permit any unlawful practice to be carried on or committed in the Premises; (2) make any use of or allow the Premises to be used for any purpose which shall violate that might invalidate or increase the rate of insurance thereof; (3) deface or injure the Premises; (4) overload the floors, walls or ceilings of the Premises; (5) commit or suffer any material waste in or about the Premises; (6) use the Premises in any manner that may diminish the value of the Premises in any material respect; or (7) use the Premises for any of the provisions following purposes without the Landlord’s prior consent (in its sole and absolute discretion): (i) bar, nightclub, adult bookstore or video shop or other adult entertainment establishment; (ii) incineration or reduction of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, garbage or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to garbage dumps on the Premises; (iii) mortuary; (iv) fire sale, bankruptcy sale or auction house operation; (v) laundry or dry cleaning plant or laundromat; (vi) gas station; (vii) automobile, truck, trailer or RV repairs on-site; (viii) “flea market”, secondhand, surplus or other “off-price” or deep discount store; (ix) massage parlor; (x) carnival; or (xi) gambling or off-track betting operation. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord.​

Use. Tenant agrees that during the term of this Lease, Demised Premises shall be used and occupied only for office use, research, development and light assembly and offices incidental thereto and for parking incidental thereto, and for no other purposes without the prior written consent of Landlord. The Tenant agrees to indemnify, hold harmless and defend the Landlord, its successors and assigns, from and against any loss, damage, claims, expenses or liability in connection with contamination for which the Tenant is responsible or that results from the failure of the Tenant to carry out its obligation under the Lease. Tenant agrees that during the term of this Lease and, notwithstanding anything in the immediately preceding sentence contained to the contrary: no use may be made of the Demised Premises which may reasonably be expected to attract parking, loading or unloading in excess of the facilities constructed therefore upon the Entire Parcel; neither Tenant nor any person claiming under Tenant shall impede ingress or egress to, or use the Premises for general office and any computer data center purpose or for any other lawful purpose provided, howeverof, the loading areas of the Entire Parcel; no nuisance or waste shall be permitted in, upon or about the Demised Premises; no use or business shall be permitted or conducted in, upon or about the Demised Premises which shall be unlawful, improper, noisy or offensive, or contrary to any law, ordinance, regulation or requirement of any public authority or insurance inspection or rating bureau or similar organization having jurisdiction; the Demised Premises including, without limitation, any of the mechanical systems thereof, shall not be overloaded, damaged or defaced; Tenant shall not drill or make holes in the stone or brickwork or any of the walls or ceilings of the Demised Premises; the utilities conduits in the Demised Premises shall not be overloaded or used for any purposes other than the purposes for which originally constructed; no foreign objects shall be deposited in the plumbing facilities of the Demised Premises; no ladders shall be placed against the flashing upon the perimeter of the Building; Tenant shall not permit the emission of any objectionable noise, smoke, fumes, dust or odor from the Demised Premises; Tenant shall procure all licenses and permits which may be required for any use made of the Demised Premises; all waste and refuse shall be stored in and removed from the Demised Premises in a manner accordance with rules and regulations therefore as may be prescribed by Landlord and consistent with all local, state and federal regulations that may apply; and no sign may be installed upon the Demised Premises which would (i) result in a diminution of more than a de minimis amount in is visible from the value exterior of the Building, (ii) cause a nuisance or (iii) involve without the production or consent of Landlord, except that one sign shall be erected upon the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance exterior of the Demised Premises which will be the type utilizing individual letters such as a data center those in Landlord's Hopkinton Technology Park having letters not to exceed one foot in height and if Tenant includes an insignia in compliance with Environmental Law). In no event such sign, such insignia shall be separate and not over two feet in height and width at the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office highest and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordwidest points.

Use. Tenant X. Xxxxxx may use the Premises for general office the applicable permitted use as set forth on Exhibit “B-2” attached hereto and any computer data center purpose or for any other lawful purpose providedall ancillary uses associated therewith, howeverin all cases subject to and in compliance with all Laws and Permitted Encumbrances. Tenant shall use the Premises only as provided by and in accordance with all Permitted Encumbrances, the subject to Landlord’s reservation of rights herein. Tenant shall not use or occupy the Premises, or any part thereof, nor permit or allow the Premises in a manner which would or any part thereof to be used or occupied, for (i) result any purpose or in any manner which is in violation of any Law or a diminution of more than a de minimis amount in the value violation of the Building, provisions set forth in Section 27 or any other provision of this Lease or (ii) cause a nuisance in any manner which violates any certificates of occupancy for the Premises or (iii) involve the production makes void or the storage of Hazardous Materials (other than the storage of Hazardous Materials voidable any insurance then in connection force with the operation and maintenance respect thereto as is required pursuant to Section 15 hereof. Tenant’s occupancy of the Premises as a data center and will be in compliance with Environmental Law)all Laws and insurance requirements, and as otherwise provided in this Lease. In no event Tenant shall neither suffer nor permit the Premises or any portion thereof to be used, or otherwise act or fail to act, in such a manner as (I) might impair Landlord’s title thereto or to any portion thereof, (II) may make possible a claim of adverse use or possession or an implied dedication of the Premises or any portion of the Premises, or (III) may subject the Premises or this Lease to any Encumbrances, other than Permitted Encumbrances. Notwithstanding anything herein to the contrary, Tenant shall not (a) permit any unlawful or immoral practice to be carried on or committed in the Premises; (b) make any use of or allow the Premises to be used for any purpose which shall violate that might invalidate or increase the rate of insurance thereof; (c) deface or injure the Premises; (d) overload the floors, walls or ceilings of the Premises; (e) sell or consume, or allow the sale or consumption of, alcoholic beverages in the Premises; (f) commit or suffer any material waste in or about the Premises; (g) use the Premises in any manner that may diminish the value of the Premises in any material respect; or (h) use the Premises for any of the following purposes without the Landlord’s prior consent (in its sole and absolute discretion): (i) bar, nightclub, adult bookstore or video shop or other adult entertainment establishment; (ii) incineration or reduction of garbage or any garbage dumps on the Premises; (iii) mortuary; (iv) fire sale, bankruptcy sale or auction house operation; (v) gas station; (vi) laundry or dry cleaning plant or laundromat; (vii) automobile, truck, trailer or RV repairs on-site (except for periodic repairs of yard equipment and trailers at the Premises used in connection with Tenant’s operations at the Premises, which Tenant shall have the right to perform, provided such repairs are performed in compliance with Laws and the provisions of any Permitted Encumbrance this Lease); (viii) “flea market,” secondhand, surplus or of any amendment, extension, replacement, other “off-price” or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented deep discount store (provided this language shall not be construed to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall limit Tenant’s use of a portion of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance Big Lots retail store); (a “Planned Use Violation”ix) constitute a violation of this Section 4massage parlor; provided, however, the foregoing shall in no way be construed as limiting (x) carnival; or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurancexi) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance gambling or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordoff-track betting operation.

Use. Tenant may shall continuously occupy and use the Premises only for general office and any computer data center purpose or for any other lawful purpose provided, however, the Tenant shall not use the Premises in a manner which would Permitted Use (i) result in a diminution of more than a de minimis amount as set forth in the value of Basic Lease Information) and shall comply with all Laws relating to the Buildinguse, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation condition, access to, and maintenance occupancy of the Premises as a data center and in compliance with Environmental Law). In no event shall will not commit waste, overload the Building’s Structure or the Building’s Systems or subject the Premises be used for to any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of that would damage the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, or the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable lawsProject. Without limiting the generality of the foregoing, Tenant shall comply with all easements, covenants, conditions and restrictions, and similar instruments, together with any and all amendments thereto made from time to time, and each of which has been or is hereafter recorded in the Official Records of the county in which the Building is located. Tenant, at its sole cost and expense, shall obtain and keep in effect during the term, all permits, licenses, and other authorizations necessary to permit Tenant to use and occupy the Premises for the Permitted Use in accordance with applicable Law. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant: (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such laws, as amended from time to time (the “Disabilities Acts”) in the Project; and (b) Landlord shall bear the risk of complying with the Disabilities Acts in the Common Areas and other portions of the Complex (subject to reimbursement as set forth in Exhibit C), other than compliance that is necessitated by Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase particular use of the Premises or as a result of any alterations or additions made by Tenant (which risk and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising responsibility shall be borne solely by Tenant). The Premises shall not be used for any purpose which creates strong, unusual, or offensive odors, fumes, dust or vapors; which emits noise or sounds that are objectionable due to intermittence, beat, frequency, shrillness, or loudness; which is associated with indecent or pornographic matters; or which involves political or moral issues (such as abortion issues). Tenant shall conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with other tenants or Landlord in its management of the Building. Tenant shall store all trash and garbage within the Premises or in a violation trash dumpster or similar container approved by Landlord as to type, location and screening; and Tenant shall arrange for the regular pick-up of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord trash and Lender garbage at Tenant’s cost with respect expense (unless Landlord finds it necessary to furnish such Permitted Encumbrance on terms a service, in which event Tenant shall be charged an equitable portion of the total of the charges to all tenants using the service). Receiving and conditions reasonably satisfactory to delivery of goods and merchandise and removal of garbage and trash shall be made only in the manner and areas prescribed by Landlord. Subject to Tenant shall not operate an incinerator or burn trash or garbage within the preceding sentenceProject or Complex, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCEas applicable. Tenant agrees that with respect shall not knowingly conduct or permit to be conducted in the Permitted Encumbrances and Premises any covenantsactivity, restrictions or agreements hereafter created place any equipment in or about the Premises or the Building, which will invalidate the insurance coverage in effect or increase the rate of fire insurance or other insurance on the Premises or the Building. If any invalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is threatened by any insurance company due to activity conducted from the Premises, or consented to any act or omission by Tenant, or its agents, employees, representatives, or contractors, such statement or threat shall be conclusive evidence that the increase in such rate is due to such act of Tenant shallor the contents or equipment in or about the Premises, subject to and, as a result thereof, Tenant shall be liable for such increase and such increase shall be considered Additional Rent payable with the foregoingnext monthly installment of Base Rent due under this Lease, observe, perform and comply with and carry out the provisions thereof required therein Landlord’s acceptance of such amount shall not waive any of Landlord’s other rights. In no event shall Tenant introduce or permit to be observed kept on the Premises or brought into the Building any dangerous, noxious, or explosive substance. In addition, set forth on Exhibit E are additional provisions generally applicable to Tenant’s use of the Premises as well as Tenant’s use of portions of the Premises for laboratory and performed by Landlordresearch and development purposes (“Laboratory Use”).

Use. Tenant may shall continuously occupy and use the Premises only for general office the Permitted Use and any computer data center purpose shall comply with all Laws relating to this Lease and/or the use, condition, access to, and occupancy of the Premises and will not commit waste, overload the Building's Structure or the Building's Systems or subject the Premises to use that would damage the Premises. The population density within the Premises as a whole shall at no time exceed one person for any other lawful purpose providedeach 200 rentable square feet in the Premises. Notwithstanding anything in this Lease to the contrary, howeveras between Landlord and Tenant, the (a) Tenant shall not use bear the Premises in a manner which would risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such laws, as amended from time to time (ithe "Disabilities Acts") result in a diminution of more than a de minimis amount in the value Premises, and (b) Landlord shall bear the risk of complying with the Disabilities Acts in the common areas of the Building, other than compliance that is necessitated by the use of the Premises for other than the Permitted Use or as a result of any alterations or additions, including any initial tenant improvement work, made by or on behalf of a Tenant Party (ii) cause a nuisance which risk and responsibility shall be borne by Tenant). The Premises shall not be used for any use which is disreputable, creates extraordinary fire hazards, or (iii) involve results in an increased rate of insurance on the production Building or its contents, or for the storage of any Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation typical office supplies [e.g., photocopier toner] and maintenance of the Premises as a data center and then only in compliance with Environmental Lawall Laws). In no event Tenant shall the Premises be used for not use any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use substantial portion of the Premises for general office and a "call center," any computer data center purpose in violation other telemarketing use, or any credit processing use. If, because of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, howeverTenant Party's acts or because Tenant vacates the Premises, the foregoing rate of insurance on the Building or its contents increases, then such acts shall be an Event of Default if Tenant does not cure such act or use within thirty (30) days after notice from Landlord, Tenant shall pay to Landlord the amount of such increase on demand, and acceptance of such payment shall not waive any of Landlord's other rights. Tenant shall conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with other tenants or Landlord in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality its management of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordBuilding.

Use. The Premises shall be occupied and used by Tenant may use for the Premises for general office operation of a retail automotive dealership, and any computer data center purpose and all related, ancillary, or for complementary purposes, including, without limitation, the display, sale, storage, and service of new and used automotive vehicles, and any other lawful purpose provided, however, uses (the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law“Permitted Use”). In no event shall the Premises be used for any purpose which shall violate Tenant use or occupy or permit any of the provisions Premises to be used or occupied, nor do or permit anything to be done in or on any of the Premises, in a manner which constitutes a Prohibited Use (as defined below) or which violates any Permitted Encumbrance Law; makes void or of voidable or causes any amendment, extension, replacementinsurer to cancel any insurance required by this Lease, or restatement of makes it difficult or impossible to obtain any such Permitted Encumbrance permitted herebyinsurance at commercially reasonable rates; constitutes a nuisance or physical waste; or violates, or not be permitted pursuant to, any covenantsdocument or instrument that was, restrictions or agreements hereafter created by or consented as of the day prior to by Tenant applicable the Effective Date, filed in the Real Property Records of the County and actually affects title to the Premises, as listed on the attached Exhibit B (the “Existing Encumbrances”). Notwithstanding anything Without Tenant’s prior written consent, which consent shall be in Tenant’s sole and absolute discretion, Landlord will not enter into or amend any reciprocal easement agreements, development agreements, operating agreements, maintenance agreements or other instruments (including, without limitation, any Existing Encumbrances) affecting the use, occupancy, benefits or burdens pertaining to the contrary herein contained, in no event shall Premises or any portion thereof if the effect thereof could reasonably be expected to (i) materially and adversely impact Tenant’s use of or access to the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s rights under this Lease, or (ii) materially increase Tenant’s costs, expenses, or other obligations hereunder or result in the imposition of any material cost, expense, or obligation of Tenant. Landlord makes no representation or warranty that the Premises is adequate for use for the Permitted Use or that the Premises may be lawfully used for the Permitted Use. Landlord acknowledges and agrees that, so long as Tenant continues to pay Rent and otherwise comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity its obligations under this Section 4 Lease, (A) Tenant shall not apply be required to operate its business upon the extent the title insurance policy obtained by Landlord in connection with its purchase Premises (continuously or otherwise), and (B) Tenant’s abandonment or vacation of the Premises (and the simultaneously issued Lender’s policy shall not, by itself, be deemed a breach or Event of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordDefault under this Lease.

Use. Tenant may use the Premises for general office the Healthcare Use and any computer data center purpose for no other use or for any other lawful purpose provided, however, the Tenant shall not purpose. Tenant’s use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center must be in accordance with all applicable Laws, including, without limitation, applicable zoning and in compliance with Environmental Law)land use Laws. In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under that this Section 4 sentence shall not apply with respect to any Permitted Encumbrance in effect on the extent Date of Rent Commencement so long as (a) the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable any loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject Landlord and Lender in their sole discretion, and (b) violation of such Permitted Encumbrance could not result in Landlord or Lender suffering (i) any criminal liability, penalty or sanction, (ii) any civil liability, penalty or sanction for which Tenant has not made provisions reasonably acceptable to Landlord and Lender, or (iii) defeasance or loss of priority of its interest in the preceding sentencePremises; provided, further, however, that TENANT SHALL NONETHELESS BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCEENCUMBRANCE BY TENANT. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, shall observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord. Notwithstanding the foregoing, Tenant shall not use, occupy or permit the Premises to be used or occupied, nor do or permit anything to be done in or on the Premises in a manner which would constitute a public or private nuisance or waste.

Use. Tenant may (a) Purchaser represents and warrants that it will not exercise the Option unless it will use the Premises portions of the Property sold to Purchaser for general office and vineyards and/or orchards. Purchaser acknowledges that Seller would not agree to grant the Option to Purchaser if the Property would be put to any computer data center purpose use other than vineyards and/or orchards. Seller agrees to cooperate with Purchaser in taking reasonable actions for the development of such vineyards and/or orchards provided that Purchaser reimburses Seller for all costs incurred by Seller in taking such actions. Notwithstanding the foregoing or for any other lawful purpose providedprovision of this Agreement to the contrary, howeverPurchaser will not take or pursue, the Tenant and Seller shall not use the Premises have no obligation to take or pursue or to join with or assist Purchaser in a manner which would (i) result taking or pursuing, any action, plan or program in a diminution support of more than a de minimis amount in the value Purchaser's efforts to convert portions of the BuildingProperty to agricultural use as vineyards and/or orchards if Seller determines, in Seller's reasonable discretion, that any such action, plan or program would or could restrict, hinder, impede, limit, reduce, diminish or otherwise adversely affect in any way (I) Seller's right or ability to operate or manage the Property (other than the portions thereof sold to Purchaser) as a tree farm (as hereinafter defined ) or to take any action or engage in any activity customary or incidental to the operation of management of the Property as a tree farm, (ii) cause the amounts or volumes of trees or timber (on a nuisance per acre basis) that Seller would be permitted to harvest, cut or remove from the Property, or (iii) involve the production value or suitability of the storage of Hazardous Materials Property (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises portions thereof sold to Purchaser) for use as a data center and in compliance with Environmental Law)tree farm. In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation For purposes of this Section 4; provided, howeverAgreement, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord.term "

Use. Tenant 5.1 The Subleased Premises shall be used solely for office, research and development, assembly and testing of computer modules and systems, and warehousing and may use the Premises for general office and any computer data center purpose or for any other lawful purpose provided, however, the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any other purpose without the prior written consent of Sublandlord, which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premisesconsent may be withheld in Sublandlord's sole and absolute discretion. Notwithstanding anything to the contrary herein containedin this Sublease or Section 39 of the Master Lease as incorporated into this Sublease, in no event shall Tenant’s Subtenant or its agents, employees, contractors, invitees, subtenants or assignees use, store, dispose of, release, manufacture, recycle, treat, discard, transport or otherwise bring upon, keep or use any Hazardous Material in, on, to, or about the Subleased Premises (other than customary quantities and types of Hazardous Materials used solely for office and janitorial purposes). Notwithstanding the foregoing to the contrary: (i) Subtenant may use Hazardous Materials of the type and in the quantities described in Exhibit E attached hereto to the extent such Hazardous Materials are required for the continued operation of Subtenant's business in the Subleased Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations uses permitted under this Section 4 5.1 (the "Permitted Hazardous Materials"); (ii) if Subtenant desires to use any Hazardous Materials which are not Permitted Hazardous Materials or Permitted Hazardous Materials of a quantity in excess of those set forth in Exhibit E, Subtenant shall first obtain Sublandlord's prior written consent to such use and/or quantity, which consent shall not apply be unreasonably withheld; (iii) the Permitted Hazardous Materials shall be used strictly in compliance with all applicable laws, rules, regulations, ordinances, fire underwriters' requirements, codes, the provisions of the Master Lease, and in accordance with the storage procedures described in Exhibit E; and (iv) prior to bringing any Permitted Hazardous Materials onto the Leased Premises, Subtenant shall present to Sublandlord for its consent, a hazardous materials management plan prepared by Subtenant and acceptable to the extent City of San Jose Xxxe Department (provided however, that Sublandlord shall assume no responsibility for the title insurance policy obtained adequacy or completeness of such plan by Landlord in connection with its purchase reason of such consent) . Notwithstanding the foregoing to the contrary, the limited right of Subtenant to use Hazardous Materials pursuant to this Section 5.1 is personal to Brocade Communications Systems, Inc., and accordingly, no subtenant, assignee of the Sublease or other occupant of the Subleased Premises shall use, store, dispose of, release, manufacture, recycle, treat, discard, transport or otherwise bring upon, keep or use any Hazardous Material in, on, to, or about the Subleased Premises (other than customary quantities and the simultaneously issued Lender’s policy types of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord Hazardous Materials used solely for office and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordjanitorial purposes).

Use. Tenant may use The Leased Premises shall be used only for the Premises purpose of receiving, storing, shipping and selling (other than retail) products, materials and merchandise made and/or distributed by Tenant, and for general office and any computer data center purpose or for any such other lawful purpose providedpurposes as may be incidental thereto including Tenant’s patented Sonocracking™ Technology, howevera process that upgrades crude oil prior to distillation. Tenant covenants and agrees that Tenant’s operations shall otherwise be subject to all of the terms of this Lease, the and Tenant shall not use the Premises in a manner which would specifically covenants and agrees that (i) result Tenant will not treat in excess of approximately 30 gallons of oil (crude) at any one time (and subsequent to each test run, Tenant will inspect all operational machinery to ensure all oil has been properly contained and that no leakage or spillage has occurred, after which a diminution of more than a de minimis amount in the value of the Buildingsubsequent test run may occur), (ii) cause in no event will Tenant allow or permit any oil to enter either the building sewer system, or any drainage leading from the Leased Premises, the Building or the Project, (iii) all oil brought upon the Leased Premises shall be safely contained within the Leased Premises in appropriate containers that will be transported from the Leased Premises and properly disposed of at an industrial feedstock or refinery willing to accept the treated oil on a regular basis, and (iv) prior to bring any oil onto the Project or the Leased Premises, Tenant shall have construct storage areas and treatment areas reasonably acceptable to Landlord which shall contain (by way of cement boom and other improvements required by Landlord) at least that amount of oil being utilized in the test process and all oil being maintained at the Leased Premises, and (v) in no event shall Tenant be permitted to maintain within the Leased Premises at any one time an amount of oil in excess of 5 barrels (containing approximately ______ gallons each). The oil storage area shall be properly “boomed” so as to prevent any stored oil from not being contained within the designated “boomed” area. Outside storage, including, without limitation, trucks and other vehicles, is prohibited without Landlord’s prior written consent. Tenant shall at its own costs and expense obtain any and all licenses and permits necessary for any use of the Leased Premises. Tenant shall comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Leased Premises all at Tenant’s sole expense. Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Leased Premises, or take any other action which would constitute a nuisance or (iii) involve would disturb or endanger any other tenants of the production Building or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection Project or unreasonably interfere with the operation and maintenance use of their respective premises. Without Landlord’s prior written consent, Tenant shall not receive, store or otherwise handle any product, material or merchandise which is explosive or highly inflammable. Tenant will not permit the Leased Premises as a data center and in compliance with Environmental Law). In no event shall the Premises to be used for any purpose or in any manner (including, without limitation, any method of storage) which shall violate would render the insurance thereon void or the insurance risk more hazardous or cause the State Board of Insurance or other insurance authority to disallow any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCEsprinkler credits. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform shall faithfully observe and comply with the rules and carry out the provisions regulations attached to this Lease as Exhibit “B”, as well as all modifications thereof required therein and additions thereto as are from time to be observed and performed time promulgated by Landlord.

Use. (a) Tenant may use the Premises for general office and any computer data center purpose as a retail drug store or for any other lawful purpose provided, however, the Tenant shall so long as such other lawful purpose would not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in have an adverse effect on the value of the BuildingPremises (other than to a de minimis extent), (ii) cause increase (other than to a nuisance de minimis extent) (when compared to a retail drug store) the likelihood that Tenant, Landlord or Landlord's Lender would incur liability under any Environmental Laws (as hereinafter defined), or (iii) involve result in or give rise to any environmental deterioration or degradation of the production or the storage of Hazardous Materials Premises (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as to a data center and in compliance with Environmental Lawde minimis extent). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under that this Section 4 sentence shall not apply with respect to any Permitted Encumbrance in effect on the extent Lease Commencement Date so long as (i) the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable any loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s 's cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject Landlord and Lender in their sole discretion, and (ii) violation of such Permitted Encumbrance could not result in Landlord or Lender suffering (A) any criminal liability, penalty or sanction, (B) any civil liability, penalty or sanction for which Tenant has not made provisions reasonably acceptable to Landlord and Lender, or (C) defeasance or loss of priority of its interest in the preceding sentencePremises; provided, further, however, that TENANT SHALL NONETHELESS BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, shall observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord.

Use. Tenant may Lessee shall designate the Portion of the Leased Premises from which it desires to remove Material (the "Designated Portion"), which shall be reasonably calculated to enable Lessee to process the Initial Amount and the Additional Amount. Lessee shall have the use of and right and easement to the Leased Premises for general office the purpose of mining and any computer data center purpose or for any other lawful purpose provided, however, removing Material from the Tenant Designated Portion. Lessee's rights hereunder shall not use be exclusive except to the Premises extent of Lessor's rights reserved in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials Paragraph 9 hereof in connection with Lessee's rights granted herein, Lessee shall have and may exercise the operation and maintenance following rights: (a) the right to enter into possession of the Leased Premises, and during the term of this Lease, to remain in possession thereof; (b) the right to use the Leased Premises, including the right to disturb so much of the Leased Premises as a data center Lessee may require to conduct its operation on the Leased Premises and the use of any surface or underground 108 water or water rights occurring therein or appurtenant to the Leased Premises; (c) the right to mine, extract, and remove from the Designated Portion the Material in compliance any manner deemed necessary or convenient by Lessee, whether by surface or other mining methods; (d) the right to crush, stockpile, store, bag, and otherwise prepare for market all Material; (e) the right to construct, use, and operate on the Leased Premises structures, excavations, roads, equipment, and other improvements and facilities necessary for Lessee for full use and enjoyment of the Leased Premises; (f) rights of surface access for persons, equipment, supplies, utilities, and water as may be necessary or convenient for the conduct of Lessee's operations, including reasonable access under, upon, and across any other intervening or contiguous land owned or controlled by Lessor or over which Lessor may have dominion or control; (g) the right to temporarily store on or in the Leased Premises those minerals, water, byproduct, or materials produced from the Leased Premises; and (h) all things which in Lessee's judgment with Environmental Law). In no event shall the Premises be used for any purpose consent of Lessor (which shall violate any of the provisions of any Permitted Encumbrance not be unreasonably withheld) are reasonably necessary or of any amendment, extension, replacement, or restatement of any incidental to such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premisesoperations. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s Lessee's use of the and rights to Leased Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply include the right to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance remove or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordextract precious metals.

Use. Tenant may The receiving party agrees to use Confidential Information received from the Premises for general office and any computer data center purpose or for any other lawful purpose provided, however, the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials disclosing party solely in connection with the operation performance of such party's obligations and maintenance rights under this Agreement. The receiving party agrees to use reasonable measures, no less stringent than those measures used by the receiving party to protect its own confidential and proprietary information, to protect the Confidential Information of the Premises as a data center and disclosing party from disclosure to or use by any third party. Unless authorized to do so in compliance with Environmental Law). In no event shall writing by the Premises be used disclosing party, neither the receiving party, nor any third party acting on the receiving party’s behalf, will for any purpose which shall violate reason use or disclose to any person any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4disclosing party's Confidential Information; provided, however, that a receiving party has the foregoing right, without the prior written consent of the disclosing party, to disclose Confidential Information of the disclosing party to any person who needs to know the Confidential Information to assist the receiving party to fulfill its obligations or rights under this Agreement, who is informed by the receiving party of the confidential nature of the Confidential Information, and who agrees in writing to nondisclosure and non-use provisions comparable to those in this Agreement and provided further that the receiving party shall be responsible for breach of such Agreement by such persons. The term "person" as used in no way this clause shall be interpreted to include, without limitation, any individual, partnership, corporation or other entity. Nothing in this Agreement shall be construed as limiting granting any rights to the receiving party, by license or otherwise modifying Tenant’s obligations hereunder otherwise, to comply with applicable laws. Without limiting the generality any of the foregoingdisclosing party's Confidential Information, Tenant’s indemnity obligations under except as expressly stated in this Section 4 shall not apply Agreement. In the event that the receiving party is required to disclose Confidential Information to a court or governmental agency or pursuant to any other applicable law, regulation or court order, it may do so if legally permissible provided that the receiving party shall, as soon as practicable, notify the disclosing party to allow it an adequate opportunity to object to the extent disclosure or to take other actions to preserve the title insurance policy obtained by Landlord in connection with its purchase confidentiality of the Premises (and disclosing party’s Confidential Information. Prior to any disclosure pursuant to this clause, the simultaneously issued Lenderreceiving party shall cooperate with the disclosing party in such party’s policy reasonable efforts to limit the disclosure by means of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance protective order or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlorda request for confidential treatment.

Use. Tenant and, to the extent permitted by Tenant, any subtenants of the Premises (who are permitted subtenants in accordance with Article 13 hereof) and all contractors, subcontractors, licensees and invitees of Tenant or any such subtenant, and all agents, representatives and employees of anyone or more of the foregoing (collectively, the “Tenant’s Permitees”) may use the Premises solely for general office purposes, and any computer data center at Tenant’s option, for “Test Bed and Shop Floor Purposes” (as defined herein) and uses incidental to all of the foregoing, and for no other purpose or for any other lawful purpose provided, howeverwhatsoever (“Permitted Uses”). For purposes hereof, the term “Test Bed and Shop Floor Purposes” shall mean the right to establish an area or areas in the Premises and use the same for the storage, assembly, disassembly, installation, testing, downloading and uploading of software and shipping of certain computers and computer components and accessories and other equipment used, offered or otherwise sold or leased in connection with Tenant’s business. Such use shall include the right to construct a raised floor area and to install racks and cabling for use with such equipment, computers and computer components. Tenant shall not use the Premises for any use or purpose other than the Permitted Uses without the consent of Landlord, which shall not be unreasonably withheld, delayed or conditioned. Neither Tenant nor Landlord shall initiate, submit an application for, or otherwise request, any variance, conditional use permit, subdivision or rezoning application for the Premises, without first obtaining the other’s prior written consent, which shall not be unreasonably withheld, delayed or conditioned; provided, notwithstanding anything to the contrary set forth above, Landlord shall not seek a subdivision of the Land during the Term of this Lease, including all Extensions hereof. Without limitation of the foregoing, neither Tenant nor any of Tenant’s Permittees shall: (a) place loads upon floors, walls or ceilings in a excess of the load such items were designed to carry; (b) place or store, nor permit any other person or entity to place or store, any property, equipment, materials, supplies or other items outside of the Building in violation of any law; (c) except for signage that may be permitted by Landlord pursuant to Section 21 hereof, change the exterior of the Building in any material respect; or (d) use or occupy the Premises in any manner which would (i) result deemed in a diminution good faith by Landlord’s insurance company to be an unreasonable fire or safety hazard. If Tenant’s or Tenant’s Permittees’ use or occupancy of more than a de minimis amount the Premises shall cause an increase in the value cost to Landlord of any insurance over and above the normal cost of such insurance for the type and location of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject on demand and as Additional Rent, reimburse Landlord for such excess cost, and Tenant or Tenant’s Permittees shall discontinue any use or occupancy (including the removal of equipment or materials) which shall have resulted in the increase of the cost of said insurance to the foregoingLandlord, observe, perform and comply with and carry out the provisions thereof required therein unless Landlord shall thereafter consent to be observed and performed by Landlordsuch use in writing.

Use. Tenant may The receiving party agrees to use Confidential Information received from the Premises for general office and any computer data center purpose or for any other lawful purpose provided, however, the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials disclosing party pursuant this Service Attachment solely in connection with the operation performance of such party's obligations and maintenance rights under this Service Attachment. The receiving party agrees to use reasonable measures, no less stringent than those measures used by the receiving party to protect its own confidential and proprietary information, to protect the Confidential Information of the Premises as a data center and disclosing party from disclosure to or use by any third party. Unless authorized to do so in compliance with Environmental Law). In no event shall writing by the Premises be used disclosing party, neither the receiving party, nor any third party acting on the receiving party’s behalf, will for any purpose which shall violate reason use or disclose to any person any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4disclosing party's Confidential Information; provided, however, that a receiving party has the foregoing right, without the prior written consent of the disclosing party, to disclose Confidential Information of the disclosing party to any person who needs to know the Confidential Information to assist the receiving party to fulfill its obligations or rights under this Service Attachment, who is informed by the receiving party of the confidential nature of the Confidential Information, and who agrees in writing to nondisclosure and non-use provisions comparable to those in this Service Attachment and provided further that the receiving party shall be responsible for breach of such agreement by such persons. The term "person" as used in no way this Section shall be interpreted to include, without limitation, any individual, partnership, corporation or other entity. Nothing in this Service Attachment shall be construed as limiting granting any rights to the receiving party, by license or otherwise modifying Tenant’s obligations hereunder otherwise, to comply with applicable laws. Without limiting the generality any of the foregoingdisclosing party's Confidential Information, Tenant’s indemnity obligations under this Section 4 shall not apply except as expressly stated herein. In the event that the receiving party is required to disclose Confidential Information to a court or governmental agency or pursuant to any other applicable law, regulation or court order, it may do so if legally permissible provided that the receiving party shall, as soon as practicable, notify the disclosing party to allow it an adequate opportunity to object to the extent disclosure or to take other actions to preserve the title insurance policy obtained by Landlord in connection with its purchase confidentiality of the Premises (and disclosing party’s Confidential Information. Prior to any disclosure pursuant to this section, the simultaneously issued Lenderreceiving party shall cooperate with the disclosing party in such party’s policy reasonable efforts to limit the disclosure by means of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance protective order or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlorda request for confidential treatment.

Use. Tenant may Lessee shall use and occupy the Premises only for general office and any computer data center purpose the Agreed Use, or for any other lawful purpose providedlegal use which is reasonably comparable thereto, however, the Tenant and for no other purpose. Lessee shall not use or permit the use of the Premises in a manner which would (i) result in that is unlawful, creates damage, waste or a diminution nuisance, or that disturbs occupants of more or causes damage to neighboring premises or properties. Other than a de minimis amount guide, signal and seeing eye dogs, Lessee shall not keep or allow in the value Premises any pets, animals, birds, fish, or reptiles. Lessor shall not unreasonably withhold or delay its consent to any written request for a modification of the BuildingAgreed Use, (ii) cause a nuisance or (iii) involve so long as the production same will not impair the structural integrity of the improvements on the premises or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance mechanical or of any amendmentelectrical systems therein, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable and/or is not significantly more burdensome to the Premises. Notwithstanding anything If Lessor elects to withhold consent, Lessor shall within seven (7) days after such request give written notification of same, which notice shall include an explanation of Lessor’s objections to the contrary herein containedchange in the Agreed Use. Lessee shall use commercially reasonable efforts to ensure that patients, customers, employees, agents, and owners of Lessee and Lessee’s dispensary neither loiter, nor use, smoke, vape, dab, consume, in no event shall Tenant’s use of any form or fashion, any marijuana product in the Premises for general office and or on any computer data center purpose sidewalks, parking areas or walkways serving the same. Since marijuana products may cause odors that migrate off site, Lessee shall have the duty to reasonably mitigate odors. Lessee agrees that no smoking of any kind shall be permitted by any of Lessee’s employees, agents, customers or invitees in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; providedthe Premises or on any sidewalks, however, parking areas or walkways serving the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable lawssame. Without limiting the generality of Notwithstanding the foregoing, TenantLessor acknowledges that the sidewalks, parking areas and walkways referenced in the preceding paragraphs are public areas outside of Lessee’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (control and the simultaneously issued LenderLessor therefore agrees that Lessee’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost responsibility with respect to such Permitted Encumbrance on terms those spaces shall be limited to making commercially reasonable efforts within the Premises to request that patients, customers, employees, agents, and conditions reasonably satisfactory to Landlordowners of Lessee refrain from loitering or using/consuming cannabis in any way in these areas. Subject to the preceding sentence6 of 42 Initials: ______, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord._______

Use. Tenant may use Subject to the Premises for general office terms, provisions, covenants, agreements and any computer data center purpose or for any other lawful purpose provided, howeverconditions herein, the Tenant shall not use the Leased Premises in a manner which would are to be used by Lessee solely for (i) result in a diminution of more than a de minimis amount operations as currently conducted in the value Leased Premises as part of the Building, Acquired Business (together with such changes thereto as may be comparable in general nature and character); (ii) cause a nuisance similar manufacturing operations as currently conducted elsewhere by the Acquired Business. or any comparable business of Raytheon or its subsidiaries as of the Commencement Date (together with such changes thereto as may be comparable in general nature and character), including electronics assembly and light manufacturing, warehousing, research and development, and related activities, provided any such activities do not violate applicable zoning requirements; or (iii) involve any office use or warehouse use, provided such uses comply with applicable zoning requirements. Notwithstanding the production foregoing, Lessee shall not use, store, process or package in the Leased Premises (a) any chemical in quantities sufficient to trigger either the Occupational Safety and Health Act's ("OSHA") Process Safety Management ("PSM") rules, 29 C.F.R. Section 1910.119, or the storage United States Environmental Protection Agency's ("EPA") Clean Air Act Accidental Release Prevention rules, 40 C.F.R. Pt. 68 Subpart. G, or (b) without the prior approval of Hazardous Materials (Lessor, which approval shall not be unreasonably withheld. any hazardous or toxic chemical or radioactive material not currently used, stored or processed at the Leased Premises. Other proposed uses shall be allowed with Lessor's prior consent, which shall not be unreasonably withheld. Lessee agrees to use the Leased premises only for the intended uses specified herein, and without unreasonable interference with TI's operations or those of any other than the storage of Hazardous Materials in connection with the operation and maintenance lessee or other occupant of the Premises as a data center TI Expressway Site. Lessee further agrees that Lessee and in compliance with Environmental Law). In no event shall its employees, agents, contractors, and visitors (while at the Premises be used for any purpose which shall violate any of TI Expressway Site) will adhere to, and the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Leased Premises for general office and any computer data center purpose in violation other areas of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, howeverthe TI Expressway Site to which access is granted hereunder will be consistent with, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord.following specific rules:

Use. The Premises shall be used and occupied for general business office purposes consistent with a first-class office building, and for no other use or purpose. Tenant may use represents and warrants to, and covenants with, Landlord that the Premises for general office shall not be used as a “public accommodation” as defined in the Americans With Disabilities Act. As used in this Lease, the term “Laws” means all laws, codes, rules, regulations, ordinances and directives of all governmental and quasi-governmental authorities with jurisdiction now in effect or which may hereafter come into effect, and whether or not reflecting a change in policy from any computer data center purpose previously existing policy, including, without limitation, laws, codes, rules, regulations and ordinances pertaining to industrial hygiene, Hazardous Materials, and the Americans With Disabilities Act and local ordinances pursuant thereto, including handicap access requirements. At Tenant’s sole cost and expense, Tenant shall comply with all Laws applicable or for relating to: (1) the Premises and/or Tenant’s use or occupancy of the Premises; (2) the manner or conduct of Tenant’s business or the operation of its installations, equipment or other property; (3) any cause or condition created by or at the request of Tenant; or (4) the breach of any of Tenant’s obligations under this Lease. Tenant’s obligations hereunder to comply with all Laws shall include the obligation to make any and all alterations and improvements to the Premises and other lawful purpose portions of the Building required in order to comply with Laws; provided, however, the that Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance be required to make structural alterations or (iii) involve the production capital improvements unless such compliance is triggered or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created necessitated by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for other than general office use (or Tenant’s change in use of the Premises, regardless of the nature of use) or by any work performed or improvements constructed by or at the request of Tenant (and the cost of such work that is not required to be performed by Tenant shall be included in or excluded from Operating Costs as provided in Section 3.2(a)(3) above). In addition to the foregoing obligations of Tenant, Tenant, at its sole cost and expense, shall cooperate with Landlord if Landlord elects to pursue LEED Gold status for the Building, and Tenant shall make such improvement to the Premises, and otherwise conduct its operations in the Premises, so as to allow Landlord to obtain LEED Gold status for the Building. Tenant shall give Landlord prompt written notice of any computer data center purpose in notice that Tenant receives of any violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, howeverany Law relating to the Premises, the foregoing Building or the Property, or Tenant’s use thereof. Tenant shall not do, bring, keep or sell anything in no way or about the Premises that is prohibited by, or that will cause a cancellation of or an increase in the existing premium for, any insurance policy covering the Property or any part thereof. Tenant shall not permit the Premises to be construed as limiting occupied or used in any manner that will constitute waste or a nuisance, or disturb the quiet enjoyment of or otherwise modifying Tenant’s obligations hereunder to comply with applicable lawsannoy other tenants in the Building. Without limiting the generality foregoing, the Premises shall not be used for (a) educational activities, schools or other training facilities which are not ancillary to Tenant’s corporate, executive or professional office use, (b) practice of medicine or any of the foregoinghealing arts, (c) providing social services, (d) any governmental use (including embassy or consulate use), (e) personnel agency, (f) customer service office that has public invitees at the Premises on a regular basis, (g) studios for radio, television or other media, (h) travel agency, or (i) reservation center operations or uses. Tenant shall not, without the prior consent of Landlord: (i) bring into the Building or the Premises anything that may cause substantial noise, odor or vibration, overload the floors in the Premises or the Building or any of the heating, ventilating and air-conditioning (“HVAC”), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the Building (“Building Systems”), or jeopardize the structural integrity of the Building or any part thereof; (ii) connect to the utility systems of the Building any apparatus, machinery or other equipment other than typical low power task lighting or office equipment; or (iii) connect to any electrical circuit in the Premises any equipment or other load with aggregate electrical power requirements in excess of 80% of the rated connected load capacity of the circuit. Tenant’s indemnity obligations under this Section 4 use of electricity shall not apply never exceed the safe capacity of the feeders to the extent Property or the title insurance policy obtained by Landlord in connection with its purchase risers or wiring installation of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordBuilding.

Use. Tenant may shall, during the term of this Lease, use the Premises only for general office the Permitted Uses and any computer data center only to the extent permitted by zoning and other land use ordinances and regulations, and for no other purpose or and from time to time procure and maintain all licenses and permits necessary therefor and for any other lawful purpose provideduse or activity conducted at the Premises, howeverat Tenant's sole expense. The Permitted Uses shall expressly exclude use for utility company offices, or employment agency or governmental or quasi-governmental offices. Tenant acknowledges that the Premises are subject and subordinate to those certain covenants, conditions and restrictions recorded at Series/Instrument #80-317016, of the Official Records of San Diego County, California, on September 29, 1980, a copy of which Tenant acknowledges has been delivered to it (the "CC&R's"). Tenant acknowledges that it has read the CC&R's and knows the contents thereof. Throughout the term, Tenant shall not use faithfully and timely perform and comply with the Premises in a manner which would (i) result in a diminution CC&R's and any modification or amendments thereto provided to Tenant, including the payment by Tenant of more than a de minimis amount in any periodic or special dues or assessments against the value Premises. Tenant shall, at Tenant's sole cost and expense, take all action, including any alterations necessary to comply with the requirements of the BuildingAmericans With Disabilities Act of 1990 (the "ADA"), (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance which shall arise from Tenant's particular use of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted herebyPremises, or any covenantsinstallations in the Premises, restrictions or required by a breach of any of Tenant's covenants or agreements under this Lease, whether or not such requirements shall now be in effect or hereafter created by or consented to by Tenant applicable to enacted. Landlord shall perform any work necessary for the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use Common Areas of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder Complex to comply with applicable laws. Without limiting the generality Title III of the foregoingADA, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance work is subsequently provided to Landlord and Lender at not Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject 's obligation pursuant to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees The cost of any such work for which Landlord is obligated shall be included as an Operating Cost. Landlord represents that with respect to the Permitted Encumbrances and any covenantsbest knowledge of Landlord, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply common areas of the Complex are currently in material compliance with and carry out Title III of the provisions thereof required therein to be observed and performed by LandlordADA.

Use. After the Commencement Date, Tenant may shall neither use nor permit to be used the Premises Premises, or any part thereof for general office and any computer data center purpose or for any other lawful purpose provided, however, the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (purposes other than the storage Permitted Use and any other legally permitted use reasonably incidental thereto without the prior written consent of Hazardous Materials in connection with the operation and maintenance Landlord. No use shall be made or permitted to be made of the Premises as a data center Premises, and in compliance with Environmental Law). In no event acts shall be done, which will cause the cancellation of any insurance policy covering the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenantspart thereof, restrictions nor shall Tenant sell or agreements hereafter created by permit to be kept, used or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, sold in no event shall Tenant’s use of or about the Premises for general office and any computer data center purpose in violation article which may be prohibited by the standard form of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4fire insurance policies; provided, however, so long as (i) Tenant provides Landlord no less than thirty (30) days prior written notice (or less if Tenant receives less than thirty (30) days notice from the foregoing applicable insurer), and (ii) obtains replacement insurance coverage no less than the types and coverage amounts carried by Tenant as required by the terms and conditions of this Lease (and tenders a certificate evidencing such replacement insurance, including, without limitation, reasonable detail reflecting the coverage so obtained), Tenant shall not be deemed to be in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality default of the foregoing, Tenant’s indemnity its obligations under this Section 4 shall not apply to 5.4 if the extent the title carrier providing insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions Premises or agreements hereafter created by or consented Tenant’s operations at the Premises elects to by Tenantwithdraw from providing insurance to the long term care/senior housing markets. Subject to Landlord fulfilling at its expense (to the extent expressly provided in Section 7.1.2) its obligations under Section 7.1.2, Tenant shall, subject at its cost, comply with all of the requirements pertaining to the foregoingPremises of any insurance organization or company necessary for the maintenance of insurance, observeas herein provided, perform and comply with and carry out covering the provisions thereof required therein Premises. Tenant shall not do or permit to be observed and performed by Landlorddone anything on the Facility that will cause damage to the Facility or any part thereof. The Facility shall not be overloaded with furniture, equipment or machinery in such manner that damage is caused to the Facility or any part thereof. No machinery, apparatus or other appliance shall be used or operated in, on or about the Facility that will in any manner injure the Facility or any part thereof.

Use. Tenant may use Except as set forth below, each of the Premises Properties shall be used solely for general office the operation of a Permitted Concept and for no other purpose. Lessee shall occupy the Properties commencing on the Effective Date and, except as set forth below and except during periods when any computer data center purpose of the Properties is untenantable by reason of fire or for any other lawful purpose casualty or condemnation (provided, however, during all such periods while any of the Tenant Properties is untenantable, Lessee shall strictly comply with the terms and conditions of Section 21 of this Lease), Lessee shall at all times during the Lease Term occupy each of the Properties and diligently operate its business on each of the Properties. Lessee may cease diligent operation of business at any of the Properties for a period not use to exceed 90 days and may do so only once with respect to each Property within any five-year period during the Premises in a manner which would Lease Term. If Lessee does discontinue operation as permitted by this Section, Lessee shall (i) result give written notice to Lessor within 10 days after Lessee elects to cease operation, (ii) provide adequate protection and maintenance of any such Properties during any period of vacancy, (iii) comply with all Applicable Regulations and otherwise comply with the terms and conditions of this Lease other than the continuous use covenant set forth in a diminution this Section, and (iv) pay all costs necessary to restore such Properties to their condition on the day operation of more the business ceased at such time as such Properties are reopened for Lessee's business operations or other substituted use approved by Lessor as contemplated below. Notwithstanding anything herein to the contrary, Lessee shall pay the Base Monthly Rental on the first day of each month during any period in which Lessee discontinues operation. Lessee shall not, by itself or through any assignment, sublease or other type of transfer, convert any of the Properties to an alternative use during the Lease Term without Lessor's consent, which consent shall not be unreasonably withheld or delayed. Lessor may consider any or all of the following in determining whether to grant its consent, without being deemed to be unreasonable: (i) whether the rental paid to Lessor would be equal to or greater than a de minimis amount the anticipated rental assuming continued existing use, (ii) whether the proposed rental to be paid to Lessor is reasonable considering the converted use of the Properties and the customary rental prevailing in the community for such use, (iii) whether the converted use will be consistent with the highest and best use of the Properties, and (iv) whether the converted use will increase Lessor's risks or decrease the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordProperties.

Use. The Premises shall be used for general office, garage and storage purposes and the following other ancillary uses and for no others: computer service offices, trading floors, a cafeteria and lunchrooms for the use of Tenant's employees and visitors only, classrooms for Tenant's employees and visitors only, recreational facilities for Tenant's employees and visitors only, securities brokerage services for Tenant's employees only, photocopy services related to Tenant's general office use, a generator, which may be installed only in the Garage in accordance with Section 5(e), and an uninterrupted power supply system. Notwithstanding the preceding sentence, if Tenant shall lease any Retail Space pursuant to Section 37 of this Lease, Tenant may use the Premises for general office and any computer data center purpose or such Retail Space for any other lawful purpose provided, howeverretail use which is consistent with the image of the Building and permitted by law and approved by Landlord in its reasonable discretion. The reference to Tenant's employees in this Section 4 shall be deemed to include the employees of Tenant's Affiliates (as hereinafter defined) and the employees of Tenant's Business Partners (as hereinafter defined) who are permitted occupants of the Premises. Tenant shall neither do nor permit to be done in or about the Premises, the Building, or the Project, nor bring or permit to be brought or kept therein, anything which is prohibited by or will in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated, or which now or hereafter is prohibited by any insurance policy carried by Landlord or will cause a cancellation of any insurance policy covering any part of the Building or the Project. Tenant, in its own respect and in respect of Tenant's Agents, shall neither do nor permit anything to be done in or about the Premises, the Building or the Project which in any way will obstruct or unreasonably interfere with the rights of any other tenants of the Project (including any noise audible or any odor or vibrations observable from outside the Premises), or injure or annoy them, or use or allow the Premises, the Building or the Project to be used for any unlawful purpose, nor shall Tenant cause, maintain or permit any nuisance in, on or about any of the same, or commit or suffer to be committed any waste or damage in or about any of the same. Tenant shall not permit any materials to be placed or stored in the common areas of the Building or the Project and shall not permit debris to be placed therein, except in appropriate receptacles provided therefor. Tenant and Tenant's Agents shall have the right on a 24 hour per day - seven (7) day per week basis during the Term, subject to compliance with the reasonable security procedures for the Building, to the (a) non-exclusive use of the outside common areas of the Project, (b) the exclusive use of the entrance lobby of the Building (provided that such use shall be non-exclusive during any period for which Tenant leases a portion, but not all, of the Premises), (c) the exclusive use of the Building passenger and freight elevators (provided that such use shall be non-exclusive during any period for which Tenant leases a portion, but not all, of the Premises), and (d) the exclusive use of the Premises. Tenant shall not use any portion of the Building (including, without limitation, the Building roof or portions of the Building leased to other tenants) other than the Premises, excepting only as set forth in this Section 4, in Section 41, and such other portions of the Building and outside common areas of the Project as are necessary for fire and other emergency ingress and egress purposes in accordance with applicable law. Tenant shall not place any equipment in or otherwise utilize the Premises in a manner that would exceed one hundred (100) pounds per square foot (including live and dead loads), the floor load for which would (i) result each floor was designed to carry, provided that, notwithstanding the foregoing, Landlord shall not unreasonably withhold, condition or delay its consent to Tenant, at Tenant's sole cost and expense, reinforcing the floor of any portion of the Premises pursuant to plans and specifications reasonably approved by Landlord, and otherwise in a diminution compliance with Section 7. Landlord, in its reasonable discretion, shall have the right to prescribe the weight, size and position of more than a de minimis amount all safes and other heavy property brought into the Building, and also the manner of moving the same in the value and out of the Building, (ii) cause a nuisance . Landlord will not be responsible for loss of or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of damage to any such Permitted Encumbrance permitted herebysafe or property from any cause, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable and all damage done to the PremisesBuilding by moving or maintaining any such safe or property shall be repaired at the expense of Tenant. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord5.

Use. Tenant may use The Premises shall be used and occupied only for GENERAL OFFICE AND LIGHT MANUFACTURING AND ASSEMBLY OF MICROWAVE TRANSMITTERS and for no other purpose without prior written consent of Sublessor and Landlord. Sublessee's business shall be established and conducted throughout the Premises for general office and any computer data center purpose or for any other lawful purpose provided, however, the Tenant term hereof in a first class manner. Sublessee shall not use the Premises in a manner for, or carry on, or permit to be carried on, any offensive, noisy, or dangerous trade, business, manufacture or occupation or permit any auction sale to be held or conducted on or about the Premises. Sublessee shall not do or suffer anything to be done upon the Premises which would (i) result in a diminution of more than a de minimis amount in will cause structural injury to the value of the Building, (ii) cause a nuisance or (iii) involve the production Premises or the storage building of Hazardous Materials (which the Premises form a part. The Premises shall not be overloaded and no machinery, apparatus or other than appliance shall be used or operated in or upon the storage Premises which will in any manner injure, vibrate, or shake the Premises or the building of Hazardous Materials in connection with the operation and maintenance which it is a part. No use shall be made of the Premises as a data center and which will in compliance with Environmental Law)any way impair the efficient operation of the sprinkler system (if any) within the building containing the Premises. In no event Sublessee shall not leave the Premises unoccupied or vacant during the term. No musical instrument of any sort, or any noise-making device will be used operated or allowed upon the Premises for the purpose of attracting trade or otherwise. Sublessee shall not use or permit the use of the Premises or any part thereof for any purpose which shall violate any will increase the existing rate of insurance upon the provisions building in which the premises are located, or cause a cancellation of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, insurance policy covering the building or any covenants, restrictions part thereof. If any act on the part of Sublessee or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and by Sublessee shall cause, directly or indirectly, any computer data center purpose increase of Sublessor's or Landlord's insurance expense, said additional expense shall be paid by Sublessee to Sublessor upon demand. No such payment by Sublessee shall limit Sublessor in violation the exercise of a Permitted Encumbrance (a “Planned Use Violation”) any other rights or remedies, or constitute a violation waiver of this Section 4; provided, however, the foregoing shall in no way be construed as limiting Sublessor's right to require Sublessee to discontinue such act or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlorduse.

Use. Tenant may agrees to: (i) operate its business in the Premises under the trade name specified in Article I, Section 1.0(r), and (ii) use the Premises solely for general office the permitted use specified in Article I, Section 1.0(s) and any computer data center purpose for no other business or for any other lawful purpose provided, howeverpurpose. Tenant further agrees not to conduct catalog sales in or from, the Premises except of merchandise which Tenant is permitted to sell "over-the-counter" consistent with its permitted use. Tenant recognizes that the specific limited use prescribed herein is a material consideration to Landlord in order that the Shopping Center will maintain an appropriate tenant mix so as to produce the maximum Gross Revenue possible for all tenants and that the continued operation of a first-class regional enclosed mall shopping center development will be assured. Notwithstanding the foregoing, Tenant's specific limited use hereunder shall not be construed to imply that Tenant has an exclusive right to conduct the use permitted by Article I, Section 1.0(s). Landlord, in its sole discretion, may permit other tenants or occupants of the Shopping Center to operate the same or similar use unless expressly stated herein to the contrary. If Tenant's business in the Premises is to be conducted pursuant to a franchise agreement, the existence and continuation of such franchise agreement is a material consideration to Landlord in a manner which would (i) result in a diminution entering into this Lease and if such franchise agreement is terminated, Landlord shall be entitled to treat such event as an event of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation default and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate elect any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premisesremedies provided in Article XXIV. Notwithstanding anything to the contrary herein containedcontained in this Section 8.1, Landlord shall not unreasonably withhold, delay or condition the giving of its consent to a change in the trade name of Tenant provided that there is no event shall change in the manner of Tenant’s use 's operation of the Premises for general office and any computer data center purpose provided that the change in violation name shall be utilized by all of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply 's operations which are comparable to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to LandlordPremises. Subject to Landlord's right to approve the preceding sentenceplans and specifications therefor, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect Tenant's signage may be changed to reflect the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordchange in trade name.

Use. Tenant may Lessee will use and occupy the Demised Premises solely for general office purposes and any computer data center purpose uses ancillary or for any other lawful purpose provided, however, the Tenant shall not use the Premises incidental thereto in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection accordance with the operation and maintenance of the applicable zoning regulations. The Demised Premises as a data center and in compliance with Environmental Law). In no event shall the Premises will not be used for any other purpose which shall violate without the prior written consent of Lessor. Lessee will not use or occupy the Demised Premises for any unlawful purpose, and will comply with all present and future laws, ordinances, regulations, and orders of all governments, government agencies and any other public authority having jurisdiction over the Demised Premises, including without limitation, the requirements of the provisions Americans with Disabilities Act of any Permitted Encumbrance 1990 and its implementing regulations ("ADA"), as existing or hereafter amended, to the extent applicable to Lessee's use of any amendment, extension, replacement, the Demised Premises or restatement of any such Permitted Encumbrance permitted hereby, the Pre-occupancy Tenant Work or any covenants, restrictions or agreements hereafter created Alterations (as defined below) made therein by or consented to by Tenant Lessee; it being understood and agreed that Lessor shall be responsible for compliance with ADA as applicable to the Premises. Notwithstanding anything common areas of the Building to the contrary herein contained, in no event shall Tenant’s extent such compliance is not required by Lessee's particular business operations or any use of the Demised Premises for other than general office use, in which event Lessee shall be responsible for such compliance. Lessee, its agents, employees, sublessees, contractors, invitees and guests shall not use any portion or all of the Demised Premises or the Building or land or other appurtenances thereto for the generation, treatment, storage or disposal of "hazardous materials," "hazardous waste," "hazardous substances" or "oil" (collectively "Materials") as such terms are defined under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq., as amended, the Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901 et seq., as amended, and any computer data center purpose and all other "environmental statutes" which regulate the use of hazardous and/or dangerous substances, and the regulations promulgated thereunder and any and all state and local laws, rules and regulations (collectively, "Environmental Regulations"), without the express prior written consent of Lessor. Notwithstanding the foregoing, however, Lessee may use Materials in the ordinary course of business, provided that such use is in accordance with all Environmental Regulations, and any manufacturer instructions; and provided further that Lessee may not discharge any Materials in any public sewer or any drain and/or drainpipe leading or connected thereto. Lessee shall promptly give written notice to Lessor of any communication received by Lessee from any governmental authority or other person or entity concerning any complaint, investigation or inquiry regarding any use or discharge (or alleged use or alleged discharge) by Lessee of any Materials. Lessor shall have the right (but not the obligation) to conduct such investigations and tests as Lessor shall deem necessary with respect to any such complaint, investigation or inquiry, and if such investigations or tests shall disclose the use or discharge by Lessee of Materials in violation of a Permitted Encumbrance Environmental Regulations, Lessee, at its expense, shall take such action (a “Planned Use Violation”or refrain from taking such action) constitute a violation as Lessor may reasonably request in connection with such investigations or tests by Lessor. Lessee shall indemnify, defend (with counsel approved by Lessor, which approval shall not be unreasonably withheld, conditioned or delayed), and hold Lessor harmless from and against any such improper use or discharge (or both) by Lessee, including any costs of all necessary clean-up activities occasioned by Lessee's actions, whether during the term or after termination of this Section 4; providedLease, howeverwhich indemnification obligation of Lessee shall survive the expiration or earlier termination of the term of this Lease. The construction of the Building reflects the recent excavation of the site on which the Building is located and the construction of new improvements thereon. To the best knowledge of Lessor, the foregoing Building does not contain any Materials, except as may be in accordance with all Environmental Regulations. Further, Lessor shall not in no way be construed as limiting the future use Materials in or otherwise modifying Tenant’s obligations hereunder to comply about the Building except in the ordinary course of business of managing, operating, repairing and maintaining the Building and in accordance with applicable lawsall Environmental Regulations. Without limiting In the generality event Materials are discovered in the common areas of the foregoingBuilding or the land upon which the Building is located, Tenant’s indemnity obligations under this Section 4 then Lessor shall not apply use commercially prudent efforts to abatx xx contain the condition to the extent required by and in accordance with Environmental Regulations; and in the title insurance policy obtained by Landlord event Materials are discovered in connection with its purchase any tenant occupied areas of the Premises (and Building other than the simultaneously issued Lender’s policy of title insuranceDemised Premises, Lessor shall use commercially reasonable efforts to cause the respective tenant(s) contains affirmative insurance against to abatx xx contain the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject condition to the preceding sentenceextent required by and in accordance with Environmental Regulations. Lessee shall not be responsible for any abatement or containment of Materials, TENANT SHALL BE OBLIGATED TO INDEMNIFYor direct payment or reimbursement through Operating Expenses or Operating Costs (except as expressly provided in Section 5 below) for any abatement or containment, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect unless the situation giving rise to the Permitted Encumbrances and any covenants, restrictions abatement or agreements hereafter created containment is caused by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordLessee.

Use. Tenant may shall use and occupy the Premises only for general office the use set forth in Article 1.G. of the Basic Lease Provisions and any computer data center purpose shall not use or occupy the Premises or permit the same to be used or occupied for any other lawful purpose providedwithout the prior written consent of Landlord, however, the Tenant which consent shall not be unreasonably withheld, conditioned, or delayed, and Tenant agrees that it will use the Premises in such a manner so as not to unreasonably interfere with or infringe upon the rights of other tenants or occupants in the Project. Tenant shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances, governmental regulations or requirements (including, without limitation all Laws as defined in Section 28(e) below and any laws which would may require Tenant to temporarily cease operations or prohibit or reduce Tenant’s use of the Premises) now in force or which may hereafter be in force relating to or affecting (i) result in a diminution of more than a de minimis amount in the value condition, use or occupancy of the BuildingPremises or the Project, and (ii) cause improvements, trade fixtures and equipment installed or constructed in the Premises by or for the benefit of Tenant. Tenant hereby agrees and acknowledges that the manufacture, cultivation, sale, use, trade or possession of any drugs or other substance in violation of the laws of the United States of America in the Premises shall be a nuisance material breach of this Lease (without any applicable notice and cure period) notwithstanding that any laws of the Commonwealth of Massachusetts permit the manufacture, cultivation, sale, use, trade or possession of such drugs or other substances for recreational or medicinal purposes, including without limitation, cannabis, cannabinoids or any derivations thereof. Tenant shall not permit more than six (iii6) involve the production or the storage of Hazardous Materials people per one thousand (other than the storage of Hazardous Materials in connection with the operation and maintenance 1,000) rentable square feet of the Premises as a data center to occupy the Premises at any time. Tenant shall comply with, and in Tenant’s rights and obligations under this Lease and Tenant’s use of the Premises shall be subject and subordinate to, all recorded easements, covenants, conditions, restrictions and other Underlying Documents now or hereafter affecting the Project. Landlord represents and warrants that subject to Tenant’s compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any terms and conditions of this Lease and the provisions conditions of any Permitted Encumbrance permits or of any amendment, extension, replacement, approvals maintained or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented required to be maintained by Tenant applicable hereunder neither the Underlying Documents, nor any other documents recorded against the Landlord Project and to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall which Landlord is a party will prohibit Tenant’s use of the Premises for general office the Permitted Use under this Lease and that Landlord will not seek to amend the same in any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying manner that would materially and adversely affect Tenant’s obligations hereunder rights, remedies, costs, or expenses under this Lease (it being agreed that if such Underlying Documents are so amended, then Tenant shall not be bound by the terms of such amendment to the extent of any such material and adverse effect). Tenant shall not do or permit to be done anything which would invalidate or increase the cost of any insurance policy covering the Project and/or the property located therein and Tenant shall comply with all rules, orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly referred to by major fire insurance underwriters, and Tenant shall within ten (10) business days following receipt of written demand reimburse Landlord for any additional premium charges for any such insurance policy assessed or increased by reason of Tenant’s use of the Premises or failure to comply with the provisions of this Article 7. Tenant shall comply with Landlord’s reasonable sustainability practices applicable laws. Without limiting to the generality Project provided that Tenant received notice of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordsame.

Use. Landlord and Tenant expressly agree that the Leased Premises shall be used or occupied by Tenant for the following purposes and none other: general office, warehouse and laboratory. Notwithstanding the foregoing, Tenant shall be allowed to perform vaccine and/or pharmaceutical testing on only the following animals: mice, rats, rabbits and guinea pigs (with there being a prohibition against the presence of any other animals or animal testing on the Leased Premises); and, further provided, that no more than five hundred (500) contiguous square feet of the Leased Premises (regardless of whether such original Leased Premises have been expanded) may be used for animal testing and/or caging of such animals. The laboratory area shall be subject to Landlord's reasonable approval in all respects, including without limitation, as to sound control, odor, controlled access, venting and other environmental or aesthetic conditions. Landlord hereby agrees that Tenant may use the Premises for general office those portions (and any computer data center purpose or for any other lawful purpose provided, however, the Tenant shall not use the Premises in a manner which would (ionly those portions) result in a diminution of more than a de minimis amount in the value of the BuildingLeased Premises so designated on Exhibit "A" for laboratory purposes. The Real Property (defined herein) is subject to certain covenants and restrictions, referred to as the General Restrictions and the Special Restrictions (ii) cause a nuisance or (iii) involve hereafter together the production or the storage "Restrictions"), copies of Hazardous Materials (other than the storage which have been provided to Tenant by Landlord. Tenant acknowledges receipt of Hazardous Materials in connection with the operation same and maintenance that it is cognizant of the Premises as terms and provisions of those Restrictions and covenants and agrees to be bound by them. Landlord and Tenant agree that The Howaxx Xxxearch And Development Corporation ("HRD") is a data center third party beneficiary to the covenants and in compliance with Environmental Law). In no event shall the Premises be used for representations herein made by Tenant and may remedy any purpose which shall violate any violation of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to Restrictions occasioned by Tenant, Tenant shall, subject to the foregoing, observe, perform 's use and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord.occupancy of the

Use. Tenant may use Subject to the Premises for general office terms, provisions, covenants, agreements and any computer data center purpose or for any other lawful purpose provided, howeverconditions herein, the Tenant shall not use the Leased Premises in a manner which would are to be used by Lessee solely for (i) result in a diminution of more than a de minimis amount operations as currently conducted in the value Leased Premises as part of the Building, Acquired Business (together with such changes thereto as may be comparable in general nature and character); (ii) cause a nuisance similar manufacturing operations as currently conducted elsewhere by the Acquired Business, or any comparable business of Raytheon or its subsidiaries as of the Commencement Date (together with such changes thereto as may be comparable in general nature and character), including electronics assembly and light manufacturing, warehousing, research and development, and related activities, provided any such activities do not violate applicable zoning requirements; or (iii) involve any office use or warehouse use, provided such uses comply with applicable zoning requirements. Notwithstanding the production foregoing, Lessee shall not use, store, process or package in the Leased Premises (a) any chemical in quantities sufficient to trigger either the Occupational Safety and Health Act's ("OSHA") Process Safety Management (PSM) rules, 29 C.F.R. Section 1910.119, or the storage United States Environmental Protection Agency's ("EPA") Clean Air Act Accidental Release Prevention rules, 40 C.F.R. Pt. 68 Subpt. G, or (b) without the prior approval of Hazardous Materials (Lessor, which approval shall not be unreasonably withheld, any hazardous or toxic chemical or radioactive material not currently used, stored or processed at the Leased Premises. Other proposed uses shall be allowed with Lessor's prior consent, which consent shall not be unreasonably withheld. Lessee agrees to use the Leased Premises only for the intended uses specified herein, and without unreasonable interference with TI's operations or those of any other than the storage of Hazardous Materials in connection with the operation and maintenance lessee or other occupant of the Premises as a data center TI Expressway Site. Lessee further agrees that Lessee and in compliance with Environmental Law). In no event shall its employees, agents, contractors, and visitors (while at the Premises be used for any purpose which shall violate any of TI Expressway Site) will adhere to, and the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Leased Premises for general office and any computer data center purpose in violation other areas of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, howeverthe TI Expressway Site to which access is granted hereunder will be consistent with, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord.following specific rules:

Use. Tenant may Sublessee shall use the Premises premises for general office Office/Warehouse for computer circuit board distribution and any for no other purpose without the prior written consent of Sublessor. The use includes the assembly of computers, computer data center purpose or for any other lawful purpose provided, however, circuit boards and computer peripherals. Sublessee's business shall be established and conducted throughout the Tenant term hereof in a first class manner. Sublessee shall not use the Premises premises for, or carry on, or permit to be carried on, any offensive, noisy or dangerous trade, business, manufacture or occupation nor permit any auction sale to be held or conducted on or about the premises. Sublessee shall not do or suffer anything to be done upon the premises which will cause structural injury to the premises or the building of which the same form a part. The premises shall not be overloaded and no machinery, apparatus or other appliance shall be used or operated upon the premises which will in any manner injure, vibrate or shake the premises or the building of which it is a manner which would (i) result in a diminution of more than a de minimis amount in the value part. No use shall be made of the Building, (ii) cause a nuisance or (iii) involve premises which will in any way impair the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the efficient operation and maintenance of the Premises as a data center and in compliance with Environmental Law)sprinkler system (if any) within the building containing the premises. In no event Sublessee shall not leave the Premises premises unoccupied or vacant during the term. No musical instrument of any sort, or any noise making device will be used operated or allowed upon the premises for the purpose of attracting trade or otherwise. Sublessee shall not use or permit the use of the premises or any part thereof for any purpose which shall violate any will increase the existing rate of insurance upon the provisions building in which the premises are located, or cause a cancellation of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, insurance policy covering the building or any covenants, restrictions part thereof. If any act on the part of Sublessee or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and premises by Sublessee shall cause directly or indirectly, any computer data center purpose 3 increase of Sublessor's insurance expense, said additional expense shall be paid by Sublessee to Sublessor upon demand. No such payment by Sublessee shall limit Sublessor in violation the exercise of a Permitted Encumbrance (a “Planned Use Violation”) any other rights or remedies, or constitute a violation waiver of this Section 4; provided, however, the foregoing shall in no way be construed as limiting Sublessor's right to require Sublessee to discontinue such act or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlorduse.

Use. FOURTH:- Tenant may shall use and occupy the Premises demised premises for general a showroom and office for the sale, at wholesale only, and display of children's wear1ng apparel and also for preteens, junior, young Then, young women and other wearing apparel and related merchandise and/or as an office and any computer data center purpose or for any no other lawful purpose provided, however, the purpose. Tenant shall not use suffer or permit the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance demised premises or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises any part thereof to be used by others for any purpose which shall violate whatsoever, without the prior written consent of Landlord in each instance. * $39,408.75 for the period April 1, 1999 - April 30, 2001, $42,911.75 for the period May 1, 2001 - April 30, 2003, and $46,414.74 for the period May 1, 2003 - April 30, 2006 REQUIREMENTS OF LAW FIFTH:- [See Insert (3a)] CERTIFICATE OF OCCUPANCY SIXTH:- Tenant will not at any of time use or occupy the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose demised premises in violation of the certificate of occupancy or certificate of compliance issued for the building of which the demised premises form a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; providedpart, however, and in the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality event that any department of the foregoingCity or State of New York shall hereafter at any time contend and/or declare by notice, Tenant’s indemnity obligations under this Section 4 shall not apply to violation, order or in any other manner whatsoever that the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to premises hereby demised are used for a purpose which is a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlordcertificate of occupancy. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject upon five (5) days written notice from Landlord, immediately discontinue said use of such premises. Failure by Tenant to discontinue such use after such notice shall be considered a default in the fulfillment of a covenant of this lease, and Landlord shall have the right to terminate this lease immediately, and in addition thereto shall have the right to exercise any and all rights and privileges and remedies given to Landlord by and pursuant to the foregoingprovisions of Paragraph 40 hereof. The statement in this lease of the nature of the business to be conducted by Tenant in demised premises shall not be deemed or construed to constitute a representation or guaranty by Landlord that such business may continue to be conducted in the premises for the entire period of the lease or is lawful or permissible under the certificate of occupancy in effect for the building of which the demised premises form a part, observeor otherwise permitted by law. If alterations or additions, perform and including but not limited to a sprinkler system, are needed to permit lawful conduct of Tenant's business or to comply with the certificate of occupancy, the same shall be made by and carry out at the provisions thereof required therein to be observed and performed by Landlordsole expense of Tenant.

Use. The Demised Premises may be used and occupied for research and development, training, receiving, storing, prototype manufacturing and ancillary office use including the use of computers and various other electronic equipment needed for Tenant’s business. Landlord covenants, to the best of Landlord’s knowledge, that there are no zoning ordinances, provisions of the underlying ground lease (“Ground Lease”), or any other prohibitions restricting or limiting the use of the Demised Premises for the purpose herein specified. Should any law, regulation or other governmental order substantially interfere with Tenant’s use of the Demised Premises, then Tenant may cancel this Lease upon written notice to Landlord within ninety (90) days following that date upon which Tenant shall have become aware of such law, regulation or order and thereupon Tenant shall have no further obligation to Landlord. For purposes of this paragraph, “substantial interference” excludes any zone change under which Tenant’s use as permitted above, is a lawful nonconforming use for the Premises for general office remaining term of the Lease and any computer data center purpose or for any other lawful purpose provided, however, the unexercised option periods. Tenant shall not use or occupy the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value violation of the BuildingGround Lease or in violation of law, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance shall, upon written notice from Landlord, discontinue any use of the Premises as which is declared by any governmental authority having jurisdiction to be a data center and violation of law. Tenant shall have the right, with Landlord’s cooperation, to appear before any governmental authority or to bring any action to contest any zoning change or similar change in compliance with Environmental Law). In no event shall the Premises be used for any purpose use restrictions which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall may impair Tenant’s use of the Premises for general office and as permitted herein. Tenant shall comply with any computer data center purpose in violation direction of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation any governmental authority having jurisdiction, which shall by reason of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying nature of Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase use or occupancy of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance impose any duty upon Tenant or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenantsPremises, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject with respect to the foregoing, observe, perform and use or occupation thereof. Tenant shall comply with all conditions of approval for development permits issued for the Complex, including implementation of a Transportation Demand Management (“TDM”) program if required by City ordinance. Landlord shall not agree to any amendment to the Ground Lease materially affecting Tenant’s use without Tenant’s prior written consent, which Tenant may withhold in Tenant’s sole but reasonable discretion Tenant may, if Tenant so elects, and carry out for Tenant’s sole use, install and operate within the provisions thereof required therein Demised Premises microwave ovens and install and operate within the Demised Premises vending machines to dispense hot and cold beverages, ice cream, candy, food and cigarettes; such machines shall be observed maintained in a neat and performed by Landlordsanitary condition and shall comply with all applicable laws and ordinances.

Use. Tenant may use the Premises only for general office the Permitted Use and any computer data center purpose or for any other lawful purpose providedshall comply with all Laws relating to this Lease and/or the use, howevercondition, the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation access to. and maintenance occupancy of the Premises as a data center and in compliance with Environmental Law). In no event shall will not commit waste, overload the Building's Structure or the Building's Systems or subject the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to use that would damage the Premises. Notwithstanding anything in this Lease to the contrary herein containedcontrary, as between Landlord and Tenant, (a) Landlord shall deliver the Premises to Tenant in no event compliance with all applicable laws, and thereafter Tenant shall Tenant’s bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such laws, as amended from time to time (the "Disabilities Acts") in the Premises, and (b) Landlord shall bear the risk of complying with the Disabilities Acts in the common areas of the Complex, other than compliance that is necessitated by the use of the Premises for general office and other than the Permitted Use or as a result of any computer data center purpose in violation alterations or additions, including any initial tenant improvement work, made by or on behalf of a Tenant Party (which risk and responsibility shall be borne by Tenant). Except for the Permitted Encumbrance Use. the Premises shall not be used for any use which is disreputable, creates extraordinary fire hazards. or results in an increased rate of insurance on the Building or its contents, or for the storage of any Hazardous Materials (except as provided in Section 27 hereto). Outside storage is prohibited without Landlord's prior written consent: provided that Tenant may store trucks, other vehicles and trailers in the parking areas located to the rear of the Building in the area depicted on Exhibit A. If, because of a “Planned Use Violation”) constitute a violation of this Section 4; provided, howeverTenant Party’s acts or because Tenant vacates the Premises, the foregoing rate of insurance on the Building or its contents increases. Tenant shall pay to Landlord the amount of such increase within thirty (30) days of demand by Landlord, and acceptance of such payment shall not waive any of Landlord’s other rights. Tenant shall conduct its business and control each other Tenant Party so as not to create any nuisance. or unreasonably interfere with Landlord in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality its management of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordBuilding.

Use. Tenant Sublessee may use the Subleased Premises as administrative offices and for general office research and any computer data center development purposes to the extent permitted under the Master Lease and for no other purpose or for any other lawful purpose provided, however, without the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value approval of the Building, Master Lessor and Sublessor. Sublessor shall have the right to inspect the Subleased Premises during regular business hours after giving Sublessee not less than forty-eight (ii48) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4hours notice; provided, however, that Sublessor shall have the foregoing shall right to access the Subleased Premises at any time, without notice, in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder the event of an "emergency." Except in the case of an "emergency," Sublessor agrees not to comply with applicable laws. Without limiting enter the generality Subleased Premises unless accompanied by an authorized representative of Sublessee, unless Sublessee has failed to make available such a representative after provision of the foregoingnotice required by this paragraph. Sublessee acknowledges and agrees that the operation and use of the Subleased Premises may require that Sublessee apply for and receive licenses and/or permits from various federal, Tenant’s indemnity obligations under this Section 4 state and local governments, and Sublessee covenants and agrees to apply for an receive such licenses and/or permits as are required. Sublessee shall not apply provide to Sublessor copies of any such licenses and/or permits to the extent applicable to the title insurance policy obtained by Landlord Subleased Premises. Sublessee acknowledges, agrees and covenants that its occupancy, operation and use of such Subleased Premises shall be in connection with its purchase accordance with: (a) all applicable state and federal regulations; (b) all licenses and permits that either Sublessee or Sublessor has received or receives in the future respecting such Subleased Premises; and (c) the Master Lease. In the event of any disagreement concerning the interpretation of such licenses, permits, or the Master Lease, the determination of the Premises (employee of Sublessor charged with ensuring compliance with such licenses, permits, and the simultaneously issued Lender’s policy Master Lease shall be controlling. For purposes of title insurance) contains affirmative insurance against the applicable loss arising due this Xxxxxxxxx 0, "xxxxxxxxx" shall mean a condition imposing a threat of injury to a violation of such Permitted Encumbrance person or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordproperty.

Use. Tenant may use the Premises for general office the Healthcare Use and any computer data center purpose for no other use or for any other lawful purpose provided, however, the Tenant shall not purpose. Tenant’s use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center must be in accordance with all applicable Laws, including, without limitation, applicable zoning and in compliance with Environmental Law)land use Laws. In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under that this Section 4 sentence shall not apply with respect to any Permitted Encumbrance in effect on the extent Date of Rent Commencement so long as (a) the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable any loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject Landlord and Lender, and (b) violation of such Permitted Encumbrance could not result in Landlord or Lender suffering (i) any criminal liability, penalty or sanction, (ii) any civil liability, penalty or sanction for which Tenant has not made provisions reasonably acceptable to Landlord and Lender, or (iii) defeasance or loss of priority of its interest in the preceding sentencePremises; provided, further, however, that TENANT SHALL NONETHELESS BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCEENCUMBRANCE BY TENANT. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, shall observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord. Notwithstanding the foregoing, Tenant shall not use, occupy or permit the Premises to be used or occupied, nor do or permit anything to be done in or on the Premises in a manner which would constitute a public or private nuisance or waste.

Use. Tenant a. The Subleased Premises may be used and occupied for research and development (as normally conducted in office buildings in conjunction with normal office usage and not involving the use the Premises for general office of hazardous, toxic, flammable, or other dangerous materials or substances other than normal quantities of such materials and any computer data center purpose or for any other lawful purpose provided, however, the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount substances customarily used in the value conduct of general administrative and executive office activities (e.g., copier fluids and cleaning supplies), training, and ancillary office use including the use of computers and various other electronic equipment typically used in offices and software needed for Subtenant’s business. Sublandlord represents that to Sublandlord’s actual knowledge, that there are no zoning ordinances, provisions of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted herebyunderlying Ground Lease, or any covenants, restrictions other prohibitions restricting or agreements hereafter created by or consented to by Tenant applicable to limiting the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Subleased Premises for general office the purpose herein specified. Should any law, regulation or governmental order “substantially interfere” with the use of the Subleased Premises for the purposes described above in this Section 4 then upon written notice to Sublandlord within ninety (90) days following that date upon which Subtenant shall have become aware of such law, regulation or order, Subtenant shall have a right to terminate this Sublease if such law, regulation or order shall still be applicable to Subtenant at the end of said 90 day period, and thereafter neither party shall have any computer data center purpose in violation further obligation to the other hereunder with respect to any period after the aforementioned ninety (90) day period. During said ninety (90) day period, Sublandlord shall have the right, but not the obligation, to appeal or otherwise challenge the legality or enforceability of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation such law, regulation or order as it applies to Subtenant. For purposes of this Section 4; provided“substantially interfere” excludes any zoning change under which Subtenant’s use as permitted by the terms of this Section above, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality is a lawful nonconforming use for substantially all of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase remaining term of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordSublease.

Use. Tenant may Except as set forth below, each of the Properties shall be used solely for the operation of a Permitted Facility in accordance with the standards of operations then in effect on a system-wide basis, and for no other purpose. Lessee shall promptly notify Lessor of a change of use of any of the Premises for general office Properties from any restaurant concept included within the definition of Permitted Facility to another restaurant concept included within the definition of Permitted Facility. Lessee shall occupy the Properties promptly following the Effective Date and, except as set forth below and except during periods when any computer data center purpose of the Properties is untenantable by reason of Casualty or for any other lawful purpose Taking (provided, however, the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate during all such periods while any of the provisions Properties is untenantable, Lessee shall strictly comply with the terms and conditions of any Permitted Encumbrance or Section 21 of any amendmentthis Lease), extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to Lessee shall at all times during the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use Lease Term occupy each of the Premises for general office Properties and any computer data center purpose in violation shall diligently conduct its business on each of the Properties as a Permitted Encumbrance (Facility. Lessee may cease diligent operation of business at any of the Properties for a “Planned Use Violation”) constitute a violation of this Section 4period not to exceed 180 days; provided, however, Lessee may not cease diligent operation at more than four of the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder Properties at any one time and Lessee may only cease operation once with respect to comply with applicable lawseach Property within any five-year period during the Lease Term. Without limiting the generality of Notwithstanding the foregoing, Tenant’s indemnity obligations so long as an Event of Default has not otherwise occurred and is continuing under this Section 4 shall not apply Lease, up to the extent the title insurance policy obtained by Landlord in connection with its purchase two of the Premises Properties then subject to this Lease may be closed for an indefinite period of time without such closure constituting an Event of Default under this Lease. If Lessee does discontinue operation as permitted by this Section 15, Lessee shall (i) give written notice to Lessor within 10 Business Days after Lessee elects to cease operation, (ii) provide adequate protection and maintenance of any such Properties during any period of vacancy, (iii) comply with all Applicable Regulations and otherwise comply with the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory of this Lease other than the continuous use covenant set forth in this Section 15, and (iv) pay all costs necessary to Landlordrestore such Properties to their condition on the day operation of the business ceased at such time as such Properties are reopened for Lessee's business operations or other substituted use approved by Lessor as contemplated below. Subject Notwithstanding anything herein to the preceding sentencecontrary, TENANT SHALL BE OBLIGATED TO INDEMNIFYLessee shall pay the Base Monthly Rental as provided herein during any period in which Lessee discontinues operation. Lessee shall not, DEFEND AND HOLD HARMLESS LANDLORDby itself or through any assignment, LENDER AND ALL OTHER INDEMNIFIED PARTIESsublease or other type of transfer, FROM ANY AND ALL LOSSESconvert any of the Properties to a use other than a Permitted Facility during the Lease Term without Lessor's consent, LIABILITIESwhich consent shall not be unreasonably withheld or delayed. Lessor may consider any or all of the following in determining whether to grant its consent, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein without being deemed to be observed unreasonable: (i) whether the rental paid to Lessor would be equal to or greater than the anticipated rental assuming continued existing use, (ii) whether the converted use will be consistent with the highest and performed by Landlordbest use of the Properties, and (iii) whether the converted use will increase Lessor's risks or decrease the value of the Properties.

Use. Tenant may use In addition to the uses allowed by the Base Lease, the Premises --- may be used for general office electronics assembly, assembling, shipping and selling products, and any computer data center purpose or for any other lawful purpose provided, however, uses incidental to the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount uses enumerated either in the value of the BuildingBase Lease or herein ("Permitted Uses"). Sublessor and Base Landlord acknowledge that Sublessee shall be receiving, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials shipping and handling those materials listed on Exhibit F attached hereto, in connection with its use of the operation Premises, such --------- materials to be identified as "Permitted Materials" as such term is defined in the Base Lease, Exhibit C, Special Provisions, Paragraph 25A. Likewise, Sublessor and maintenance Base Landlord acknowledge that Sublessee shall be conducting the activities described on Exhibit G attached hereto, which shall produce the waste streams shown on Exhibit H attached hereto, such activities to be identified as --------- "Permitted Activities" as such term is defined in the Base Lease, Exhibit C, Special Provisions, Paragraph 25A. Sublessor and Base Landlord consent to the Permitted Uses, the Permitted Materials and the Permitted Activities to the extent required by the Base Lease. Notwithstanding the foregoing, Sublessee hereby acknowledges that its use of the Premises as a data center shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and promptly shall comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in compliance with Environmental Law)or upon, or connected with, the Premises, all at Sublessee's sole expense. In no event shall the Premises be used acknowledgements set forth in this paragraph 12 serve to limit the liability of Sublessee for any purpose which shall violate any damages, penalties, fines, or causes of action arising out of the provisions of any Permitted Encumbrance or of any amendmentUses, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to Materials and/or the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordActivities.

Use. Subject to compliance with all Laws (defined below), Tenant may at its own cost and expense, use the Leased Premises solely to construct, install, operate, maintain, repair, replace, protect and secure, its equipment and related equipment, cables, accessories and improvements as described in Schedule "B" (collectively "Tenant's Installations"). Landlord also grants to Tenant the right to (i) install and operate transmission cable from the equipment to the antennas, electric lines from the main feed to the equipment and telephone lines from the main telephone entry point to the equipment, and (ii) erect, construct or make Property improvements, alterations or additions ("Tenant's Changes") appropriate for general office Tenant's use subject to Landlord's reasonable approval, which approval shall not be unreasonably withheld or delayed so long as such are reasonably within the scope of Tenant's Installation shown on Schedule "B". Tenant's Changes may include enclosing or sheltering equipment, capping or modifying any sprinkler system in the equipment space, if permitted by Law, and adding HVAC and storing sealed batteries outside of the Leased Premises, if Tenant so requests, at locations in or on the Building mutually agreed upon by the parties, provided that no wires, cables, conduits or other connections shall be located on the exterior of the Building except as shown on Schedule B. Tenant shall pay all costs incurred by Landlord in reviewing and approving any computer data center purpose such changes (up to a maximum per request for change of $1,000 to be evidenced by invoices and other documentation reasonably requested by Xxxxxx), including costs for Landlord's architect's and consultants promptly upon demand as additional rent hereunder. All Tenant Installations shall remain Tenant's personal property and may be removed by Tenant at any time during the term, but in any event shall be removed by Tenant no later than thirty (30) days after the Lease has been terminated or for any other lawful purpose providedhas expired. Tenant agrees that, howeverupon termination or expiration of this Lease, the Tenant shall not use restore the Leased Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value to its condition as of the BuildingCommencement Date (as defined in Paragraph 4 below), (ii) cause a nuisance or (iii) involve reasonable wear and tear and damage from the production or elements, casualty and eminent domain excepted. All costs of Tenant's Installation including electrical connections, telephone service, cable, climate control and other items shall be borne by the storage of Hazardous Materials (Tenant. Electrical, telephone and other than the storage of Hazardous Materials in connection with the operation cable and maintenance of the Premises as a data center appurtenances shall be concealed wherever feasible and in compliance with Environmental Law). In no event where this is not feasible, all such runs, locations and methods shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform prior approval of Landlord. Tenant shall utilize so-called stealth design techniques where practical and comply with and carry out the provisions thereof required therein additional cost of such will not reduce the rent to be observed paid to Landlord hereunder. All damage to the Landlord's facilities caused by the Tenant or its personnel or contractors shall be repaired by the Tenant to the satisfaction of the Landlord. Tenant shall provide Landlord with the name(s) and performed telephone number(s) of personnel who shall respond within two (2) hours to emergency calls from the Landlord. Such calls include, but, are not limited to complaints of disturbing noises such as bells, whistles, voices etc. The current name(s) and phone number(s) of the Tenant's emergency response are set forth in Schedule C, annexed hereto. Tenant will take all precautions which, at a minimum, conform to industry standards, to protect the Building and the Property of Landlord and the residential tenants as well as the Tenant's Installations from potential damage caused by Landlord.lightning. Formatted: Indent: Left: 0.08", First line: 0"

Use. Tenant may use the The Premises for general office and any computer data center purpose or for any other lawful purpose provided, however, the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance Use and for no other purpose. Tenant agrees not to use or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to permit the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose which is illegal, dangerous or which, in violation Landlord's opinion, creates a nuisance or which would increase the cost of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that coverage with respect to the Permitted Encumbrances Building. Tenant shall conduct its business and control its agents, servants, contractors, employees, customers, licensees, and invitees (collectively, the "Tenant Related Parties") in such a manner as not to unreasonably interfere with, annoy or disturb other tenants, or in any covenantsway unreasonably interfere with Landlord in the management and operation of the Building, restrictions or agreements hereafter created by or consented to by Tenantprovided that, while such parties are outside of the Premises, Tenant shallshall only be required to use good faith efforts to cause its agents, subject contractors, customers, licensees and invitees to comply with the foregoingterms of this sentence. Tenant will maintain the Premises in a clean and healthful condition, observe, perform and comply with all laws, ordinances, orders, rules and carry out regulations of any governmental entity with reference to the provisions thereof operation of Tenant's business and to the use, condition, configuration or occupancy of the Premises, including without limitation, the Americans with Disabilities Act (collectively referred to as "Laws"). Tenant, within ten (10) days after receipt thereof, shall provide Landlord with copies of any written notices it receives with respect to a violation or alleged violation of any Laws. Landlord, within ten (10) days after receipt thereof, shall provide Tenant with copies of any written notices it receives with respect to a violation or alleged violation of any Laws with regard to the condition of the Premises. Tenant will comply with the rules and regulations of the Building attached hereto as Exhibit C and such other reasonable rules and regulations adopted and altered by Landlord from time to time and of which Tenant has received prior written notice. Tenant will also cause all Tenant Related Parties to comply with the rules and regulations, provided that, while such parties are outside of the Premises, Tenant shall only be required therein to be observed use good faith efforts to cause its agents, contractors, customers, licensees and performed by Landlordinvitees to comply with the rules and regulations. Landlord shall make reasonable efforts to enforce all such rules and regulations in a non-discriminatory and uniform manner.

Use. Tenant may use warrants and represents to Landlord that the Leased Premises shall be used and occupied for Tenant’s Permitted Use and for no other purposes. Tenant shall occupy the Leased Premises, conduct its business and control its agents, employees, invitees and visitors (to the extent such invitees and visitors are within the Leased Premises) in such a manner as is lawful, reputable and will not create a nuisance or constitute a Prohibited Use, pursuant to the terms and conditions of this Lease. Tenant shall maintain a ratio of not more than one (1) occupant for each one hundred twenty-five (125) rsf of area within the Premises prior to the Rent Commencement Date for general office the Phase 4 Premises and any computer data center purpose or not more than one (1) occupant for any other lawful purpose provided, however, each one hundred sixty-five (165) rsf of area within the Premises thereafter. Tenant shall not conduct any operation which emits any excessive or offensive odor or matter which intrudes into other portions of the Building, use any apparatus or machine which makes undue noise or causes undue vibration in any portion of the Building or otherwise materially interfere with, annoy or disturb any other Tenant in its normal business operations or Landlord in its management of the Building. Tenant shall perform no core drilling without Landlord’s consent (which consent may be withheld in Landlord’s sole discretion). Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in a manner any way which would, in the reasonable opinion of Landlord, be hazardous on account of fire or which would in any way increase or render void the fire insurance on the Building. If any governmental license or permit shall be required for the proper and lawful conduct of Tenant’s particular business in the Leased Premises, Tenant shall, at its expense, duly procure and thereafter maintain such license or permit and shall at all times comply with the terms and conditions of same. Tenant shall not at any time knowingly suffer the Leased Premises to be used or occupied in violation of (i) result in a diminution the Certificate of more than a de minimis amount in Occupancy for the value of Leased Premises or for the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance this Lease, (iii) zoning ordinances, and rules and regulations of governmental and quasi-governmental authorities having jurisdiction over the Building; or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of (iv) a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordProhibited Use.

Use. (A) Tenant agrees that during the term of this Lease, Demised Premises shall be used and occupied only for Office/Lab space and for parking incidental thereto, and for no other purposes without the prior written consent of Landlord (hereinafter referred to as “Permitted Use”). The Tenant represents and warrants that the aforementioned Permitted Use is the only use that it contemplates conducting at the Demised Premises and such representation and warranty shall survive the Lease Expiration Date or any extension of the Lease Term or any earlier termination of this Lease. The Tenant agrees to indemnify, hold harmless and defend the Landlord, its successors and assigns, from and against any loss, damage, claims, expenses or liability in connection with contamination for which the Tenant is responsible or that results from the failure of the Tenant to carry out its obligation under the Lease. Tenant agrees that during the term of this Lease and, notwithstanding anything in the immediately preceding sentence contained to the contrary: no use may be made of the Demised Premises which may be expected to attract parking, loading or unloading in excess of the facilities constructed therefore upon the Entire Parcel; neither Tenant nor any person claiming under Tenant shall unreasonably impede ingress or egress to, or use the Premises for general office and any computer data center purpose or for any other lawful purpose provided, howeverof, the Initials: JPF. SPM. 9 loading areas of the Entire Parcel; no nuisance or waste shall be permitted in, upon or about the Demised Premises; no use or business shall be permitted or conducted in, upon or about the Demised Premises which shall be unlawful, improper, noisy or offensive, or contrary to any law, ordinance, regulation or requirement of any public authority or insurance inspection or rating bureau or similar organization having jurisdiction; the Tenant or its agents shall not conduct any public or private auction in, upon or about the Demised Premises without the written consent of the Landlord; the Demised Premises including, without limitation, any of the mechanical systems thereof, shall not be overloaded, damaged or defaced; Tenant shall not drill or make any holes in the stonework or brickwork or the roof of the Building or walls that are structural in nature without the written consent of the Landlord which such consent will not be unreasonably withheld; the utilities conduits in the Demised Premises shall not be overloaded or used for any purposes other than the purposes for which originally constructed; no foreign objects shall be deposited in the plumbing facilities of the Demised Premises; no ladders shall be placed against the flashing upon the perimeter of the Building; Tenant shall not permit the emission of any objectionable noise, smoke, fumes, dust or odor from the Demised Premises; Tenant shall procure all licenses and permits which may be required for any use made of the Demised Premises; all waste and refuse shall be stored in and removed from the Demised Premises in a manner accordance with rules and regulations therefore as may be prescribed by Landlord and consistent with all local, state and federal regulations that may apply (hereinafter referred to as “Legal Requirements”); and no sign may be installed upon the Demised Premises which would (i) result in a diminution of more than a de minimis amount in is visible from the value exterior of the Building, (ii) cause a nuisance or (iii) involve without the production or consent of Landlord, except that one sign shall be erected upon the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance exterior of the Demised Premises which will be the type utilizing individual letters such as a data center those in Landlord’s Hopkinton Industrial Park having letters not to exceed one foot in height and if Tenant includes an insignia in compliance with Environmental Law)such sign, such insignia shall be separate and not over two feet in height and width at the highest and widest points. In no event Landlord shall also include Tenant’s signage on the Premises be used for any purpose which shall violate any park street directory as soon as is practicable upon commencement of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordLease.

Use. The Premises shall be used only for the purpose of: (i) receiving, storing, shipping and selling (but limited to wholesale sales) products, materials and merchandise made and/or distributed by Tenant may use the Premises and for general office and any computer data center purpose or for any such other lawful purpose providedpurposes as may be incidental thereto; and (ii) technical research, howeverdevelopment and light manufacturing of products for the semi-conductor industry, including but not limited to, chemical vapor deposition systems used in the fabrication of integrated circuits but the use provided for in this subparagraph (ii) shall be in complete conformance with every provision of this Lease and be limited to the extent permitted by applicable Legal Requirements (defined below). Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. Tenant will use the Premises in a careful, safe and proper manner which would (i) result in a diminution of more than a de minimis amount in and will not commit waste, overload the value floor or structure of the BuildingPremises or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors, (ii) cause smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or (iii) involve would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the production or the Project. Outside storage, including without limitation, storage of Hazardous Materials (trucks and other than the storage of Hazardous Materials in connection with the operation vehicles, is prohibited without Landlord's prior written consent. Tenant, at its sole expense, shall use and maintenance of occupy the Premises as a data center and in compliance with Environmental Lawall laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements"). In no event The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated thereunder, all as may be amended from time to time. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises, provided that Tenant shall not be required to make any structural alterations to the Premises to comply with laws unless such compliance is required because of Tenant's specific use of the Premises. Tenant will not use or permit the Premises to be used for any purpose which shall violate or in any manner that would void Tenant's or Landlord's insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant's use or occupation of the provisions of any Permitted Encumbrance or of any amendment, extension, replacementPremises, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by because Tenant applicable to vacates the Premises, then Tenant shall pay the amount of such increase to Landlord. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use Any occupation of the Premises for general office and any computer data center purpose in violation by Tenant prior to the Commencement Data shall be subject to all obligations of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations Tenant under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordLease.

Use. Tenant The Premises may use the Premises for general office and any computer data center purpose or be used for any other lawful purpose providedwhich is not prohibited under the Declaration (as defined in Section 17.1). Notwithstanding the foregoing, however, the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for permit any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises that constitutes a Prohibited Use. For purposes hereof, a “Prohibited Use” is any use that: (i) violates any certificate of occupancy in force for general office the Improvements; (ii) involves the storage, maintenance or handling of Hazardous Materials not normally associated with a warehouse/distribution facility of consumer goods; (iii) violates any provision of the Permitted Exceptions, or (iv) is not a permitted use under the “ID Intensive Development” designation under the zoning code of Lexington County, South Carolina. Notwithstanding the preceding subsection (iii), Landlord agrees that Tenant is free to request and pursue any computer data center purpose required variances under the ID zoning code for non-use related items, such as for example, a variance for a set back would be acceptable, but a special use permit for a heavy industrial use would not be acceptable. Landlord shall at all times during the Term hereof, at no cost, expense or liability to Landlord, cooperate with Tenant in violation obtaining such modifications, variances, special use permits and such other changes in Requirements (as hereinafter defined in Section 22.3) affecting the Premises, as Tenant may request. Tenant shall not permit the Premises, or any portion thereof, to be used in such manner which impairs Landlord’s right, title or interest in the Premises or any portion thereof, or in such manner which gives rise to a claim or claims of adverse possession or of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality dedication of the foregoingPremises, Tenant’s indemnity obligations under this Section 4 or any portion thereof, for public use. Tenant shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of use or occupy the Premises (and or permit the simultaneously issued Lender’s policy Premises to be used or occupied contrary to any Requirements applicable thereto or in any manner which would violate any certificate of title insurance) contains affirmative insurance against occupancy affecting the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCEsame. Tenant agrees that with respect it will, promptly upon discovery of any such use, immediately notify Landlord and take all necessary steps to compel the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlorddiscontinuance of such use.

Use. Tenant may use the a. The Premises shall be used for general office and any computer data center purpose or related ancillary purposes and for any no other lawful purpose provided, however, the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Lawpurpose(s). In no the event shall Tenant abandons the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s ceases use of the Premises and occupancy thereof for general office and any computer data center purpose in violation related ancillary purposes, which abandonment or cessation continues for a period of a Permitted Encumbrance one hundred eighty (a “Planned Use Violation”180) constitute a violation consecutive days or longer, or Tenant otherwise delivers written notice to Landlord of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder intention to comply with applicable laws. Without limiting the generality of the foregoingvacate, Tenant’s indemnity obligations under this Section 4 shall not apply abandon, otherwise cease to the extent the title insurance policy obtained by Landlord continue in connection with its purchase possession of the Premises (an “Abandonment Notice”), regardless of the period of any abandonment or cessation of operations at the time such Abandonment Notice is given (each, a “Material Cessation of Operations”), then Landlord shall have the express and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due specific remedy to a violation terminate this Lease on account of such Permitted Encumbrance Material Cessation of Operations, which option may be exercisable by Landlord giving notice thereof to Tenant at any time after the date on which such 180-day period expires or if such affirmative title insurance is subsequently provided to after the date on which Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and receives any covenants, restrictions or agreements hereafter created by or consented to by Abandonment Notice from Tenant, as applicable (the “Recapture Notice”). If Landlord gives the Recapture Notice, then this Lease shall terminate upon the thirtieth (30th) day (the “Recapture Date”) after the date on which Tenant shallreceives Landlord’s Recapture Notice. Until the Recapture Date, subject the Lease shall remain in full force and effect and Tenant shall continue to be bound thereby including, without limitation, the obligations to pay Rent hereunder until the Recapture Date. If Landlord expressly exercises its rights under this Section 20, then on and after the Recapture Date, there shall be no further liability on the part of Landlord or Tenant except for obligations that expressly survive the expiration or sooner termination of this Lease. Notwithstanding the foregoing, observein the event Tenant resumes possession of the Premises and recommences to use and occupy of substantially all of the Rentable Area of the same in accordance with this Section 20 after its receipt of a Recapture Notice, perform but prior to the Recapture Date, then such resumption of possession and comply with continuation of use and carry out occupancy by Tenant shall negate the provisions thereof required therein to be observed effectiveness of Landlord’s Recapture Notice and performed by Landlordthis Lease shall remain in full force and effect.

Use. Tenant may use agrees that during the term of this Lease, Demised Premises shall be used and occupied only for general office research, design, production and warehouse/distribution space and for no other purpose without the prior written consent of Landlord. The Tenant agrees to indemnify, hold harmless and defend the Landlord, its successors and assigns, from and against any computer data center purpose loss, damage, claims, expenses, liabilities or for any other lawful purpose provided, however, the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials judgments in connection with contamination for which the operation and maintenance Tenant is responsible or that results from the failure of the Premises as a data center and in compliance with Environmental Law). In no event shall Tenant to carry out its obligation under the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCELease. Tenant agrees that with respect during the term of this Lease and, notwithstanding anything in the immediately preceding sentence contained to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to contrary: no use may be made of the Demised Premises by Tenant, IRS agents, employees, visitors, vendors, contractors, etc. which may reasonably be expected to attract parking, loading or unloading in excess of the facilities constructed therefore upon the Entire Parcel; neither Tenant shallnor any person claiming under Tenant shall impede ingress or egress to, subject or use of, the loading areas of the Entire Parcel; no nuisance or waste shall be permitted in, upon or about the Demised Premises; no use or business shall be permitted or conducted in, upon or about the Demised Premises which shall be unlawful, improper, noisy or offensive, or contrary to any law, ordinance, regulation or requirement of any public authority or insurance inspection or rating bureau or similar organization having jurisdiction; the foregoingDemised Premises including, observewithout limitation, perform any of the mechanical systems thereof, shall not be overloaded, damaged or defaced; Tenant shall not drill or make any holes in the stone or brickwork or any of the walls or ceilings of the Demised Premises; the utility conduits in the Demised Premises shall not be overloaded or used for any purposes other than the purposes for which originally constructed; no foreign objects shall be deposited in the plumbing facilities of the Demised Premises by tenant, its agents, employees, visitors, vendors, contractors, etc.; no ladders shall be placed against the flashing upon the perimeter of the Building; Tenant shall not permit the emission of any objectionable noise, smoke, fumes, dust or odor from the Demised Premises; Tenant shall procure all licenses and comply permits which may be required for any use made of the Demised Premises; all waste and refuse shall be stored in and removed from the Demised Premises in accordance with rules and carry out the provisions thereof required therein to regulations therefore as may be observed and performed prescribed by Landlord; and no sign may be installed upon the Demised Premises which is visible from the exterior of the Building. The Landlord shall provide Tenant with signage on the Building’s directories.

Use. Tenant may shall use the Premises Land for general office the purpose of constructing, maintaining, and any computer data center purpose or operating for any other lawful purpose providedprofit an amusement facility under the trade name Festival Fun Parks, howeverLLC including, without limitation, the following amusement attractions: miniature golf; baseball batting cages; electronic games; bumper boats; go-karts; mazes; hard rides; and other Festival Fun Parks attractions (the “Fun Center Use”) located on that portion of the Land, Buildings and Improvements known as 00000 Xxxxxxxx Xxxxxx, Xxxxxxxx Xxxxxx, Xxxxxxxxxx 000000, and further, Tenant shall not use the Premises in land for the purpose of maintaining and operating for profit a manner which would Bullwinkles’ Restaurant (i“Restaurant Use”) result in a diminution of more than a de minimis amount in the value located on that portion of the Buildingpremises commonly known as 00000 Xxxxxxxx Xxxxxx, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental LawXxxxxxxx Xxxxxx, Xxxxxxxxxx 92708). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, Tenant can vary the foregoing Fun Center Use and/or the Restaurant Use consistent with the then highest and best use of the Land, as reasonably determined by Tenant from time to time during the term, in which event Landlord agrees not to unreasonably withhold its consent to amend this paragraph to allow and authorize such alternate use; provided however, Landlord may consider the impact of the proposed change on the Gross Income derived from the Land, Buildings and Improvements on the Fun Center Use and/or the Restaurant Use, whichever is proposed to be varied, in giving or withholding its consent. Subject to such right of Landlord, Landlord acknowledges that Tenant may change the Fun Center Use and/or the Restaurant Use of the Land pursuant to Paragraph 6.1 of this Lease. Tenant shall use commercially reasonable efforts to use and permit use of the Land for purposes permitted by this Paragraph 1 which in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable lawsreasonable opinion will maximize Gross Income (as hereinafter defined). Without limiting Tenant shall not use and shall not permit or suffer the generality Land or any portion of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply Land to be used in any manner that would violate the extent the title insurance policy obtained by Landlord in connection with its purchase provisions of the Premises (and the simultaneously any certificate of occupancy or conditional use permit issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms any of the Improvements, or any other license, permit, or other governmental authorization that is required for the lawful use or occupancy of all or any portion of the Land or the Improvements. If any license, permit or other governmental authorization is required for the lawful use or occupancy of all or any portion of the Land or the Improvements, Tenant shall procure and conditions reasonably satisfactory to Landlord. Subject to maintain the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCEsame throughout the term of this Lease or throughout the duration of the period the same shall be required. Tenant agrees that will not use the Land inconsistent with respect to the Permitted Encumbrances and any covenantsprivate covenant, restrictions condition or agreements restriction, currently recorded or hereafter created by or consented to in writing by Tenant. (“CC&R’s”), Tenant shall, subject any conditional use permit (“CUP”) or any other zoning or other restrictive provision to which the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordLand is subject.

Use. (a) Tenant may only occupy and use the Premises for general office the Permitted Use (as set forth in the Basic Lease Information) and for no other purpose whatsoever, and shall comply with all Laws relating to the use, condition, access to, and occupancy of the Premises and will not commit waste, overload the Building's Structure or the Building's Systems or subject the Premises to use that would damage the Premises. Tenant, at its sole cost and expense, shall obtain and keep in effect during the term, all permits, licenses, and other authorizations necessary to permit Tenant to use and occupy the Premises for the Permitted Use in accordance with applicable Law. The population density within the Premises as a whole shall at no time exceed one person for each three hundred (300) rentable square feet in the Premises. Notwithstanding anything in this Lease to the contrary, as between Landlord and Tenant: (a) Tenant shall bear the risk of complying with Title III of the Americans With Disabilities Act of 1990, any computer data center purpose state laws governing handicapped access or architectural barriers, and all rules, regulations, and guidelines promulgated under such laws, as amended from time to time (the "DISABILITIES ACTS") in the Premises; and (b) Landlord shall bear the risk of complying with the Disabilities Acts in the Common Areas (subject to reimbursement as set forth in Exhibit C), other than compliance that is necessitated by the use of the Premises for other than the Permitted Use or as a result of any other lawful purpose provided, however, the alterations or additions made by Tenant (which risk and responsibility shall be borne by Tenant). Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance any substantial portion of the Premises as for a data center and in compliance with Environmental Law)"call center", any other telemarketing use, or any credit processing use. In no event shall addition, the Premises shall not be used for any purpose which creates strong, unusual, or offensive odors, fumes, dust or vapors; which emits noise or sounds that are objectionable due to intermittence, beat, frequency, shrillness, or loudness; which is associated with indecent or pornographic matters; or which involves political or moral issues (such as abortion issues). Tenant shall violate conduct its business and control each other Tenant Party so as not to create any nuisance or unreasonably interfere with other tenants or Landlord in its management of the provisions of Building. Tenant shall not knowingly conduct or permit to be conducted in the Premises any Permitted Encumbrance or of any amendment, extension, replacementactivity, or restatement place any equipment in or about the Premises or the Building, which will invalidate the insurance coverage in effect or increase the rate of fire insurance or other insurance on the Premises or the Building. If any such Permitted Encumbrance permitted herebyinvalidation of coverage or increase in the rate of fire insurance or other insurance occurs or is threatened by any insurance company due to activity conducted from the Premises, or any covenantsact or omission by Tenant, restrictions or agreements hereafter created by its agents, employees, representatives, or consented contractors, such statement or threat shall be conclusive evidence that the increase in such rate is due to by such act of Tenant applicable to or the contents or equipment in or about the Premises, and, as a result thereof, Tenant shall be liable for such increase and shall be considered Additional Rent payable with the next monthly installment of Base Rent due under this Lease. Notwithstanding anything to the contrary herein contained, in In no event shall Tenant’s use of Tenant introduce or permit to be kept on the Premises for general office and or brought into the Building any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provideddangerous, howevernoxious, the foregoing shall in no way be construed as limiting radioactive or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordexplosive substance.

Use. Tenant The Premises may use only be used and occupied for general business office purposes (which may include, subject to the terms and conditions of this Lease, the operation of a Fitness Center, as defined below, and a cafeteria in the Premises each operated by Tenant for general office use by its employees and any computer data center invitees) and research and development related to software, electronics and computers and for no other use or purpose or for any other lawful purpose providedunless approved by Landlord in writing, however, the which approval shall not be unreasonably withheld. Tenant shall not comply with all present and future Laws relating to Tenant’s use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance occupancy of the Premises (and make any repairs, alterations or improvements as a data center and in compliance required to comply with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any all such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable Laws to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall extent that such Laws are triggered by (a) Tenant’s particular use of the Premises for (as opposed to general office use in the Premises) or (b) any Alterations and Tenant Improvements (subject to the terms and conditions of Exhibit B)), and shall observe the “Project Rules“ (as defined in Section 27 - Rules and Regulations). Tenant shall have the right to contest any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder alleged requirement to comply with applicable lawslaws in good faith, including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all defenses allowed by Law and the right to appeal any decisions, judgements or rulings to the fullest extent permitted by Law. Without limiting the generality of the foregoing, to the extent Tenant operates a café within the Building or otherwise produces food in the kitchen area, if any, located in the Building, Tenant shall comply with all Laws applicable to such use(s) and shall obtain, maintain and conspicuously display any and all permits, licenses and approvals required by any governmental entity to operate the Premises for such use(s). Landlord shall, as an Operating Cost (but subject to the exclusions on Operating Costs set forth herein) comply with all present and future Laws relating to the Common Areas (and make any repairs, alterations or improvements as required to comply with all such Laws) except to the extent the same arises due to Tenant’s indemnity obligations under this Section 4 specific use of the Premises (other than agreed upon) or arising in connection with any alterations, additions or improvements made in or to the Premises (excluding the Landlord Work), in which event Tenant, not Landlord, shall be directly liable for the costs and expenses thereof. Tenant shall not do, bring, keep or sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of or an increase in the existing premium for, any insurance policy covering the Project or any part thereof. In no event shall Tenant permit the Premises to be occupied or used in any manner that will constitute waste or a nuisance. Without limiting the foregoing, the Premises shall not be used for educational activities (other than for training courses held at the Premises, provided that such training courses (a) do not generate an unusual amount of noise; (b) do not impose an unusual burden on the Building Systems (as defined below) or pose an unreasonable risk to the Building or to the safety or health of its occupants), practice of medicine or any of the healing arts, providing social services, for any governmental use (including embassy or consulate use), or for personnel agency, customer service office, studios for radio, television or other media, travel agency or reservation center operations or uses. Tenant shall not, without the prior consent of Landlord, (i) bring into the Building or the Premises anything that may cause substantial and unreasonable noise, odor or vibration or overload the floors in the Premises or the Building or would have a material adverse effect on any of the heating, ventilating and air-conditioning system (“HVAC System“), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the Building (“Building Systems“), or jeopardize the structural integrity of the Building or any part thereof; (ii) connect to the utility systems of the Building any apparatus, machinery or other equipment that would exceed the design specifications therefor; or (iii) connect to any electrical circuit in the Premises any equipment or other load with aggregate electrical power requirements in excess of 90% of the connected load rated capacity of the circuit. Tenant’s use of electricity shall never exceed the safe capacity of the feeders to the Building or the risers or wiring installation of the Building. Tenant agrees to reasonably cooperate with Landlord with respect to any voluntary “green” or sustainable programs with respect to the Premises; provided, however, that notwithstanding anything to the contrary, Tenant shall not be responsible to make any improvements or alterations to the Premises or to replace any equipment or property of Tenant in connection therewith unless Landlord agrees to pay for all costs for such improvements, alterations or replacements. The foregoing sentence shall not apply to Tenant’s construction of the extent initial Tenant Improvements in the title insurance policy obtained by Landlord in connection Premises. Tenant shall comply with its purchase the terms of all easements, recorded covenants, conditions and restrictions relating to Tenant’s use and occupancy of the Premises (and use of the simultaneously issued Lender’s policy Common Areas of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to LandlordProject. Subject to the preceding sentenceany applicable Laws, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees Landlord shall not enter into any new encumbrances or amend or modify any existing encumbrances that with respect would have a material adverse impact on Tenant’s Permitted Use of and/or reasonable access to the Permitted Encumbrances and any covenantsPremises, restrictions materially or agreements hereafter created by adversely increase Tenant’s obligations or consented to by decrease Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord’s rights under this Lease.

Use. Tenant may Lessee shall use the Premises solely for general office the uses set forth in the Basic Lease Information on page I and any computer data center purpose or for any other lawful purpose provided, however, the Tenant shall not use the Premises for any other purpose without obtaining the prior written consent of Lessor. Lessee acknowledges that the Premises are subject to those certain covenants, conditions, and restrictions recorded at Page 281, of Book F826, of the Official Records of Santa Xxxxx County, State of California, on January 2, 1981 (the CC&R's), a summary of which is attached hereto as Exhibit D (the "Summary") and note a part hereof. A copy of the CC&R's are available at Lessor's offices for review by Lessee during regular business hours. Lessee further acknowledges that it has read the Summary and knows the contents thereof Throughout the term of this Lease and any extensions thereof, Lessee shall faithfully and timely perform and comply with the CC&R'S and any modification or amendments thereof Lessee shall hold Lessor harmless and indemnify Lessor against any loss, expense, damage, attorney's fees, and cost or liability arising out of the failure of Lessee to so perform or comply with CC&R'S. In no event will Lessee use, introduce to the Premises, generate, manufacture, produce, store, release, discharge or dispose of, on, under or about the Premises or transport to or from the Premises any Hazardous Material (as defined below) or allow its employees, agents, contractors, invitees or any other person or entity to do so. Lessee Warrants that it shall not make any use of the Premises which may cause contamination of the soil, the subsoil or ground water. Lessee shall not do, bring, or keep anything in or about the Premises that will cause a manner which would cancellation of any insurance covering the Premises. If the rate of any insurance carried by Lessor is increased as a result of Lessee's use, Lessee shall pay to Lessor within thirty (30) days before the date Lessor is obligated to pay a premium on the insurance, or within ten (10) days after Lessor delivers to Lessee a certified statement from Lessor's insurance carrier stating that the rate increase was caused solely by an activity of Lessee on the Premises as permitted in this Lease, whichever date is later, a sum equal to the difference between the original premium and the increased premium. Lessee shall keep and maintain the Premises in compliance with, and shall not cause or permit the Premises to be in violation of any and all federal, state or local laws, ordinances, rules or regulations pertaining to health, industrial hygiene or the environmental condition on, under or about the Premises. Lessee shall give immediate written notice to Lessor of (i) result in a diminution any action, preceding or inquiry by any governmental authority or any third party with respect to the presence of more than a de minimis amount in any Hazardous Material on the value of Premises or the Building, migration thereof from or to other property or (ii) cause a nuisance any spill, release or (iii) involve the production or the storage discharge of Hazardous Materials (other than the storage of Hazardous Materials in connection that occurs with the operation and maintenance of respect to the Premises as a data center or Lessee's operations. Lessee shall indemnify and in compliance with Environmental Law). In no event shall the Premises be used for hold harmless Lessor, its directors, officers, employees, agents, successors and assigns (collectively "Lessor") from and against any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s and all claims arising from (i) Lessee's use of the Premises for general office and the conduct of its business or from any computer data center purpose activity, work or other things done or suffered by the Lessee in violation or about the Buildings, (ii) breach or default in performance of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation any obligation on Lessee's part to be performed under the terms of this Section 4Lease; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality (iii) any act or negligence of the foregoingLessee, Tenant’s or any officer, agent, employee, guest or invitee of Lessee. The indemnity obligations under should include all costs, fines, penalties, judgments, losses, attorneys' fees, expenses and liabilities incurred in or about any such claim or any action or proceeding brought thereon including, without limitation, (a) all foreseeable consequential damages including without limitation loss of rental income and diminution in property value; and (b) the cost of any investigation, monitoring, removal, restoration, abatement, repair, cleanup, detoxification or other ameliorative work of any kind or nature required by any governmental agency having jurisdiction thereof or Lessor. This indemnity shall survive the expiration or termination of this Section 4 Lease. In any action or proceeding brought against Lessor by reason of any such claim, upon notice from Lessor if Lessor does not elect to retain separate counsel, Lessee shall not apply to defend the extent the title insurance policy obtained same at Lessee's expense by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions counsel reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordLessor.

Use. Tenant may use 5.01. The demised premises shall be used for the Premises for general office and any computer data center purpose or for any other lawful purpose provided, however, the Tenant shall not use the Premises in a manner which would following specific purposes (i) result in executive and general office purposes (which may include a diminution of more than a de minimis amount in the value of the Building, call center) and (ii) cause the following uses so long as the same are incidental and ancillary to the use of the demised premises as executive and general offices, (a) kitchenettes, pantries and dining rooms for the feeding of personnel and guests of Tenant (but not for use as a nuisance public restaurant), provided, that in no event shall Tenant be permitted to use any cooking equipment in the demised premises which requires venting (but Tenant may install a kitchenette or "xxxxx" unit for the purpose of warming food), (iiib) involve vending machines for the production or the storage sale of Hazardous Materials food, confections, beverages, newspapers and other convenience items to employees and guests; (c) equipment for printing, producing and reproducing documents, forms, circulars and other than the storage of Hazardous Materials materials used in connection with the operation and maintenance conduct of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, Tenant's business; provided that in no event shall such equipment be used for printing, producing or reproducing material amounts of materials for distribution to the general public; (d) conference and meeting center; and (e) any other reasonable use to which Tenant may put the demised premises and which is incidental and ancillary to Tenant’s 's use of the Premises demised premises for executive and general office purposes; provided that prior to using the demised premises for such incidental use. Tenant shall give notice of such use to Landlord and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing Tenant shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained abide by such reasonable rules and regulations imposed by Landlord in connection respect of such use, Notwithstanding anything in Article 5 or elsewhere in this Lease to the contrary. Tenant shall be responsible for complying with its purchase all Legal Requirements applicable to any of the Premises foregoing incidental and ancillary uses of the demised premises and for obtaining, at its sole cost and expense, all consents, approvals and permits (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject including any amendment to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to certificate of occupancy for the Permitted Encumbrances and demised premises and/or the Building) required by reason of any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordsuch use.

Use. Tenant may use Licensee shall use, and the Premises for general office and any computer data center purpose or for any other lawful purpose provided, howeverLicensee Parties (defined below) shall be permitted access to, the Tenant shall not Rooftop Amenity during the Term for [INSERT DESCRIPTION OF PRIVATE EVENT] (such use of the Premises Rooftop Amenity by Licensee is collectively called the “Use”), subject to the terms and conditions of this Agreement, including, without limitation, the Market Square Rooftop Amenity Rules and Regulations attached hereto as Exhibit B (the “Rules and Regulations”), and in a manner which would (i) result in a diminution of accordance with all Applicable Laws. No more than a de minimis amount in [ ( )] persons shall be permitted to access the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials Rooftop Amenity in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law)Use. In no event shall the Premises be used for any purpose which shall violate any Licensee’s or Licensee Parties’ use of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable and access to the PremisesRooftop Amenity for the Use extend beyond 8:00 p.m. (Eastern Standard Time). Notwithstanding anything to the contrary herein contained, in no event Licensee shall Tenant’s use of the Premises be responsible for general office obtaining any and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained all licenses and permits required by Landlord Applicable Laws in connection with its purchase the Use of the Premises (Rooftop Amenity, and Licensee shall deliver copies of all such licenses and permits to Licensor in advance of the simultaneously issued Lender’s policy Use of title insurance) contains affirmative insurance against the applicable loss arising due to a violation Rooftop Amenity. The use of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject access to the preceding sentenceRooftop Amenity for the Use by Licensee has been approved by the Association. Licensee acknowledges and agrees that: (a) it is using the Rooftop Amenity at its sole risk, TENANT SHALL BE OBLIGATED TO INDEMNIFY(b) it has inspected the Rooftop Amenity and has accepted the same “as is” with all faults and flaws, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCEand (c) it will inspect the Rooftop Amenity for hazardous or dangerous conditions immediately prior to the Term and will immediately notify Licensor of any hazardous or dangerous conditions that are discovered. Tenant agrees that Licensor makes no representations or warranties with respect to the Permitted Encumbrances condition of the Rooftop Amenity, or the fitness or suitability of the Rooftop Amenity for the Use. Licensor may enter the Rooftop Amenity to inspect, show, clean, repair or maintain the Rooftop Amenity or any portion of the Building, and any covenantssuch entry shall not (i) entitle Licensee to any abatement of any fees or any other charges hereunder, restrictions (ii) subject Licensor to any claims or agreements hereafter created by liability or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to (iii) be observed and performed by Landlordconsidered a constructive eviction.

Use. A. The Premises shall be used only for the purpose of receiving, manufacturing, assembling, testing, storing, shipping and selling products, materials and merchandise made and/or distributed by Tenant, for related office uses in all cases subject to and in compliance with all Laws and Permitted Encumbrances. Tenant shall use the Premises only as provided by and in accordance with all Permitted Encumbrances, subject to Landlord’s reservation of rights herein. Tenant shall not use or occupy the Premises, or any part thereof, nor permit or allow the Premises or any part thereof to be used or occupied, for (i) any purpose or in any manner which is in violation of any Law or a violation of the provisions set forth in Section 28 or any other provision of this Lease or (ii) in any manner which violates any certificates of occupancy for the Premises or makes void or voidable any insurance then in force with respect thereto as is required pursuant to Section 16 hereof. Tenant’s occupancy of the Premises will be in compliance with all applicable Laws and insurance requirements, and as otherwise provided in this Lease. Tenant shall neither suffer nor permit the Premises or any portion thereof to be used, or otherwise act or fail to act, in such a manner as (I) might impair Landlord’s title thereto or to any portion thereof, (II) may make possible a claim of adverse use or possession or an implied dedication of the Premises or any portion of the Premises, or (III) may subject the Premises or this Lease to any Encumbrances, other than Permitted Encumbrances. Notwithstanding anything herein to the contrary, Tenant shall not (a) permit any unlawful practice to be carried on or committed in the Premises; (b) make any use of or allow the Premises to be used for any purpose that might invalidate or increase the rate of insurance thereof; (c) deface or injure the Premises; (d) overload the floors, walls or ceilings of the Premises; (e) commit or suffer any material waste in or about the Premises; (f) use the Premises in any manner that may diminish the value of the Premises in any material respect; or (g) use the Premises for general office any of the following purposes without the Landlord’s prior consent (in its sole and any computer data center purpose or for any other lawful purpose provided, however, the Tenant shall not use the Premises in a manner which would absolute discretion): (i) result in a diminution of more than a de minimis amount in the value of the Buildingbar, nightclub, adult bookstore or video shop or other adult entertainment establishment; (ii) cause a nuisance incineration or reduction of garbage or any garbage dumps on the Premises; (iii) involve the production mortuary; (iv) fire sale, bankruptcy sale or the storage of Hazardous Materials auction house operation; (v) laundry or dry cleaning plant or laundromat; (vi) automobile, truck, trailer or RV repairs on-site (other than as incidental to the storage of Hazardous Materials in connection with the operation and maintenance use of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose distribution center, which shall violate any be in accordance with all applicable Laws); (vii) “flea market” secondhand store, surplus or other “off-price” or deep discount store (provided that the uses in this clause (vii) shall be permitted on no more than five percent (5%) of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use square footage of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance the aggregate); (a “Planned Use Violation”viii) constitute a violation of this Section 4massage parlor; provided, however, the foregoing shall in no way be construed as limiting (ix) carnival; or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurancex) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance gambling or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordoff-track betting operation.

Use. Tenant may The Premises shall be used solely for the use the Premises for general office and any computer data center purpose or for any other lawful purpose provided, however, the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount set forth in the value of the Building, (ii) cause a nuisance Basic Lease Information and for no other use or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4purpose; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying that Landlord agrees that incidental to Tenant’s obligations hereunder permitted use of the Premises as set forth in the Basic Lease Information, Tenant may conduct animal testing, limited to comply small rodents and guinea pigs, provided that such activity is conducted in compliance with all applicable lawsLegal Requirements and Tenant has obtained all necessary governmental and quasi-governmental permits required in connection therewith. In the event that any such activity by Tenant shall give rise to a disturbance (including any picket or demonstration) on or about the Premises or the Property, Tenant shall immediately use its best efforts to eliminate such disturbance, and if Tenant’s discontinuance of animal testing is necessary to eliminate such disturbance, Tenant shall discontinue animal testing and remove all animals from the Premises within six (6) months from Landlord’s notice thereof to Tenant. Notwithstanding the foregoing, if the disturbance at issue is one which interferes with another tenant’s access to or quiet enjoyment of its premises in the Property, and by reason thereof might subject Landlord to liability to such tenant or entitle such tenant to terminate its lease or reduce the rent payable thereunder, Tenant shall cause such disturbance to be immediately eliminated, and if Tenant’s discontinuance of animal testing is necessary to immediately eliminate such disturbance, Tenant shall immediately discontinue animal testing and remove all animals from the Premises. Tenant shall not do or suffer or permit anything to be done in or about the Premises or the Real Property which will in any way obstruct or interfere with the rights of other tenants or occupants of the Building or injure or annoy them, or use or suffer or permit the Premises to be used for any immoral, unlawful or objectionable purpose, nor shall Tenant cause, maintain, suffer or permit any nuisance in, on or about the Premises or the Real Property. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 Tenant shall not apply permit any odors, smoke, dust, gas, substances, noise or vibration to emanate from the extent Premises, and no loudspeakers or other similar device which can be heard outside the title insurance policy obtained by Landlord Premises shall, without the prior written approval of Landlord, be used in connection with its purchase of or about the Premises. Tenant shall not commit or suffer to be committed any waste in, to or about the Premises. Xxxxxx agrees not to employ any person, entity or contractor for any work in the Premises (including moving Tenant’s equipment and furnishings in, out or around the simultaneously issued Lender’s policy of title insurancePremises) contains affirmative insurance against the applicable loss arising due whose presence may give rise to a violation of labor or other disturbance in the Building and, if necessary to prevent such Permitted Encumbrance or if such affirmative title insurance is subsequently provided a disturbance in a particular situation, Landlord may require Tenant to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to employ union labor for the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordwork.

Use. Tenant may use In the Premises event Subtenant Defaults in respect of the full and prompt payment and performance of any of the terms, provisions, covenants and conditions of this Sublease beyond notice (the delivery of which shall not be required for general office purposes of this Section 7 if Sublandlord is prevented or prohibited from delivering the same under applicable law, including, but not limited to, all applicable bankruptcy and insolvency laws) and the expiration of any computer data center purpose or for any other lawful purpose providedapplicable cure periods, howeverincluding, but not limited to, the Tenant payment of Base Rent and Additional Rent, Sublandlord may, at its election, (but shall not use be obligated to) apply the Premises in a manner which would Cash Security Deposit or draw down the entire Letter of Credit or any portion thereof and use, apply or retain the whole or any part of the security represented by the Security Deposit to the extent required for the payment of: (i) result Base Rent and Additional Rent or any other sum as to which Subtenant is in a diminution of more than a de minimis amount in the value of the Buildingdefault, (ii) cause a nuisance any sum which Sublandlord may expend or may be required to expend by reason of Subtenant’s default in respect of any of the terms, provisions, covenants, and conditions of this Sublease, including but not limited to, any reletting costs or expenses (including, without limitation, any free rent, Subtenant improvement allowance, leasing commissions, attorneys’ fees, costs and expenses, and other fees, costs and expenses relating to the reletting of all or any portion of the Subleased Space), (iii) involve any damages or deficiency in the production reletting of the Subleased Space, whether such damages or deficiency accrued before or after summary proceedings or other re-entry by Sublandlord, or (iv) any damages awarded to Sublandlord in accordance with the terms and conditions of Section 15 hereof, it being understood that any use of the whole or any part of the security represented by the Letter of Credit shall not constitute a bar or defense to any of Sublandlord’s other remedies under this Sublease or any law, rule or regulation. To insure that Sublandlord may utilize the security represented by the Letter of Credit in the manner, for the purpose, and to the extent provided in this Section 7, each Letter of Credit shall provide that the full amount or any portion thereof may be drawn down by Sublandlord upon the presentation to the issuing bank (or the storage advising bank, if applicable) of Hazardous Materials (other than Sublandlord’s draft drawn on the storage issuing bank without accompanying memoranda or statement of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law)beneficiary. In no event shall the Premises be used for any purpose which shall violate any Letter of Credit require Sublandlord to submit evidence to the issuing (or advising) bank of the provisions of any Permitted Encumbrance truth or of any amendment, extension, replacement, or restatement accuracy of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, written statement and in no event shall Tenant’s the issuing bank or Subtenant have the right to dispute the truth or accuracy of any such statement nor shall the issuing (or advising) bank have the right to review the applicable provisions of this Sublease. In no event and under no circumstance shall the draw down on or use of any amounts under the Premises for general office and any computer data center purpose in violation Letter of a Permitted Encumbrance (a “Planned Use Violation”) Credit constitute a violation basis or defense to the exercise of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenantany other of Sublandlord’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations rights and remedies under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance Sublease or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentenceunder any law, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions rule or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordregulation.

Use. Tenant may use 6.1 The Premises shall be used only for the Premises for general office purpose specified in the Basic Lease Information and any computer data center no other purpose without Landlord's prior written consent, which consent shall not be unreasonably withheld or for any other lawful purpose delayed; provided, however, Landlord's withholding of consent shall be conclusively presumed reasonable if the proposed use would materially increase the wear and tear on or the risk of damage to the Premises above levels or risks resulting from Tenant's use of the Premises exclusively for office purposes or if the proposed use is for an illegal, immoral or disreputable purpose; and provided, further, that only the Tenant originally named herein, and no subtenant, assignee or other successor to such original Tenant, shall not have the right to use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used any part thereof for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premisesother than office use. Notwithstanding anything to the contrary in the Basic Lease Information, (a) Tenant's right to use the Premises or any part thereof for any use other than general office use (whether or not such other use is listed in the Basic Lease Information) is subject to the following conditions: (i) such ancillary (non-office) uses shall be limited to areas comprising less than thirty percent (30%) of the total rentable square footage of the building in the aggregate, and (ii) all such uses shall be consistent with Tenant's obligations under Articles 11 and 21 hereof; and (b) any subtenant or assignee of the original Tenant named herein containedshall use the Premises exclusively for office purposes and no other use shall be permitted, in no event shall Tenant’s use except that the original Tenant named herein may sublease the portions of the Premises for general office and any computer data to be used as an employee cafeteria or child care center purpose in violation to the operators of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable lawsthose facilities. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 Tenant shall not apply do or permit to be done in, on or about the extent the title Premises, nor bring or keep or permit to be brought or kept therein, anything which is prohibited by or will in any way conflict with any law, ordinance, rule, regulation or order now in force or which may hereafter be enacted, or which is prohibited by any insurance policy obtained by Landlord for the Premises, or will in connection with its purchase of any way increase the existing rate of, or cause a cancellation of, or affect any insurance for the Premises. Tenant shall not do or permit anything to be done in, on or about the Premises (and which will in any way obstruct or interfere with the simultaneously issued Lender’s policy rights of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to Tenant shall not maintain or permit any nuisance in, on or about the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions Premises or agreements hereafter created by commit or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein suffer to be observed and performed by Landlordcommitted any waste in, on or about the Premises.

Use. Tenant may use warrants and represents to Landlord that the Leased Premises shall be used and occupied solely for general office the purposes set forth in Section 2.1(s) and any computer data center purpose or for any no other lawful purpose providedpurposes whatsoever, howeverTenant shall occupy the Leased Premises, conduct its business and control its agents, employees, invitees and visitors (to the extent such invitees and visitors are within the Leased Premises) In such a manner as is lawful, reputable and will not create a nuisance, Tenant shall not permit any operation which emits any excessive or offensive odor or matter which intrudes into other portions of the Buildings, use any apparatus or machine which makes undue noise or causes undue vibration in any portion of the Buildings or otherwise materially interfere with, annoy or disturb any other lessee in its normal business operations or Landlord in its management of the Buildings. Tenant shall neither permit any waste on the Leased Premises nor allow the Leased Premises to be used in a manner any way which would, in the reasonable opinion of Landlord, be hazardous on account of fire or which would (i) result in a diminution any way increase or render void the fire insurance on the Buildings. If any governmental license or permit shall be required for the proper and lawful conduct of more than a de minimis amount Tenant's business in the value Leased Premises, Tenant shall, at its expense, duly procure and thereafter maintain such license or permit and shall at ~Il times comply with the terms and conditions of same. Tenant shall not at any time knowingly suffer the BuildingLeased Premises to be used or occupied in violation of (I) the Certificate of Occupancy for the Leased Premises or for the Buildings, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacementthis Lease, or restatement (iii) zoning ordinances, and rules and regulations of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to governmental and quasi governmental authorities having jurisdiction over the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordBuildings.

Use. Tenant may shall use the Premises solely for general office and any administrative purposes (which uses may include, without limitation, software development, software testing, repair of computer hardware used on-site at the Premises, internal network management, a quality assurance center, a data center purpose or [including for any other lawful purpose providedISP Services] and a “clean room”), howeverall in accordance with the terms of this Lease and consistent with the character of the Real Property as a first-class, multi-tenant office building project (the “Permitted Use”). Tenant shall not use or permit the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises to be used for any other purpose which or purposes whatsoever. Tenant further covenants and agrees that it shall violate not use, or suffer or permit any of person or persons to use, the Premises or any part thereof for any use or purpose contrary to the provisions of any Permitted Encumbrance or of any amendmentExhibit D, extension, replacementattached hereto, or restatement in violation of applicable Laws (as defined in Article 22 below). Tenant shall comply with all recorded covenants, conditions and restrictions, and the provisions of all ground or underlying leases, now or hereafter affecting the Real Property (including, without limitation, that certain Master Declaration of Covenants, Conditions, Restrictions and Reservation of Easements For LNR Warner Center and Termination of Former Declaration dated May 22, 2003 and recorded in the Official Records of Los Angeles County on May 29, 2003 as Instrument No. 03 1519811, as may be amended) (collectively, the (the “Underlying Documents”), so long as any such Permitted Encumbrance permitted herebyUnderlying Documents executed after the date hereof do not create an Adverse Condition or materially derogate from the rights of Tenant under this Lease; provided, further, that any such Underlying Documents executed after the date hereof shall not be effective against Tenant until Tenant has received a copy of the same. In connection with Tenant’s compliance obligations under any such Laws and/or such recorded covenants, conditions and restrictions, Tenant agrees to: (i) develop an active recycling program to reduce solid waste, and participate in any such recycling program developed by Landlord or any common area association with or under in such covenants, conditions and restrictions, and/or developed by any local municipalities or governmental agencies having jurisdiction over the Real Property; (ii) use its best efforts to cooperate in and comply with programs which may be undertaken by Landlord independently, or in cooperation with local municipalities or governmental agencies or other property owners of property within and/or in the vicinity of LNR Warner Center, to reduce peak levels of commuter traffic; such programs may include, but shall not be limited to, carpools, vanpools and other ride sharing programs, public and private transit, and flexible work hours; (iii) to the extent any such traffic mitigation programs are deemed mandatory by such local municipalities or government agencies, to comply with such programs (including any programs implemented by Landlord or any common area association under any covenants, conditions and restrictions or agreements hereafter created by or consented to by Tenant applicable to recorded against the Premises. Notwithstanding anything to the contrary herein contained, Real Property; and (iv) in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying connection with Tenant’s obligations hereunder under clauses (ii) and (iii) hereinabove, Tenant agrees to comply with applicable laws. Without limiting the generality appoint one of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply its employees to act as a liaison to the extent transportation coordinators in any buildings in the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance Real Property occupied or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to leased by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord.

Use. Tenant may use Seller agrees that the Premises ISO Containers will be used and operated solely in the conduct of its business for general office the Stated Purpose and any computer data center purpose or for any other lawful purpose provided, however, the Tenant shall not use the Premises in a manner which would compliance in all material respects with (i) result in a diminution of more than a de minimis amount in the value of the BuildingApplicable Laws, (ii) cause a nuisance or Approvals; (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation terms of this Section 4Agreement; (iv) applicable manufacturer’s instructions and recommendations, (v) International LNG Container Standards (including applicable health and safety laws and environmental, noise and pollution laws (including notifications and reports) and (vi) required insurance policy terms, conditions and provisions); provided, however, that in the foregoing event of a conflict between any of the priorities noted above, the priority with the lowest roman numeral noted above shall prevail. Buyer shall procure and maintain in effect all licenses, registrations, certificates, permits, approvals and consents required by any Governmental Authority in connection with the ownership of each ISO Container. Seller shall procure and maintain in effect all licenses, registrations, certificates, permits, approvals and consents required by any Governmental Authority in connection with the use and operation of each ISO Container (and in each case in which such license, registration, certificates, permits, approvals and consents are required to be in the name of Buyer, they shall be in the name of Buyer, including those required by environmental, noise and pollution laws). Seller agrees that during the Term, the ISO Containers will at all times prior to a Buyer Termination Event or a Seller Termination Event (as applicable) be and remain in the possession and control of Seller when not in the possession of Buyer. Except as necessary to perform Seller’s obligations under this Agreement, the ISO Containers shall in no way event be construed as limiting used or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality located outside of the foregoingterritorial limits of the State of Hawai’i without the consent of Buyer. Seller shall use and operate the ISO Containers or cause them to be used and operated by qualified personnel authorized by Seller, Tenant’s indemnity obligations under this Section 4 and Seller shall not apply use reasonable precautions to prevent loss or damage to each ISO Container from fire and other hazards. Seller shall use each ISO Container solely for the transportation and storage of LNG pursuant to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordAgreement.

Use. Tenant may The Premises the hereby leased to Lessee upon the express condition that Lessee shall use the said Premises for general administrative offices, manufacturing and assembly of office furniture, sales, warehousing and any computer data center purpose or for any other lawful purpose provided, however, related uses. Lessee agrees that the Tenant said Lessee's business shall be established and conducted through the term hereof in a first class manner; that Lessee will not use the demised Premises in a manner for, or carry on or permit upon said Premises any offensive, noisy or dangerous trade, business, manufacture or occupation or any nuisance, or anything against public policy, nor permit any auction sale to be held or conducted on or about said Premises; that Lessee shall not commit, or suffer to be committed, any waste upon the Premises; that Lessee will not do or suffer anything to be done upon said Premises which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) will cause a nuisance or (iii) involve the production structural injury to said Premises or the storage building of Hazardous Materials (which same form a part; that said Premises will not be overloaded and that no machinery, apparatus or other than appliance shall be used or operated in or upon the storage Premises which will in any manner injure, vibrate or shake said Premises or the building of Hazardous Materials in connection with the operation and maintenance which it is a part; that no use will be made of the Premises as a data center and which will in compliance with Environmental Law). In no event shall any way impair the Premises be used for any purpose which shall violate any efficient operation of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to sprinkler system (if any) within the building containing the Premises. Notwithstanding anything ; that Lessee will not vacate or abandon said Premises during the term hereof unless pursuant to an assignment of this Lease or subletting of the contrary herein contained, in no event shall Tenant’s Premises; Lessee further agrees not to use or permit the use of the Premises or any part thereof, for general office and any computer data center immoral or other purpose prohibited by law or which will increase the existing rate of insurance (or if a newly constructed building, lien the initial rate of insurance) upon the building in violation which the Premises may be located, or cause a cancellation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title any insurance policy obtained by Landlord in connection with its purchase covering said building or any part thereof. If any act on the part of Lessee or use of the Premises (by Lessee shall cause, directly or indirectly, any increase of Lessor's insurance expense, said additional expense shall be paid by Lessee to Lessor upon demand. No such payment by Lessee shall limit Lessor in the exercise of any other rights or remedies, or constitute a waiver of Lessor's right to require Lessee to discontinue such act or use. No use shall be made or permitted to be made of the Premises or any part thereof, and no act done therein, which may disturb the simultaneously issued Lender’s policy quiet enjoyment of title insurance) contains affirmative insurance against any other tenant in the applicable loss arising building of which the Premises are a part. Lessee, at Lessee's sole cost and expense, agrees to do all things necessary to maintain the Premises, in a clean, neat and sanitary manner; and repair and maintain the interior of the Premises forming a part of the building in compliance and conformity with all laws and ordinances, municipal, state, federal and/or any other governmental board or authority, present or future, in anywise relating to the condition, use or occupancy of the Premises throughout the entire term of this lease and to the perfect exoneration from liability of Lessor, or if due to Lessee's specific use of the Premises any governmental authority requires alterations, Lessee shall make such alternations at its sole cost and expense, excluding structural changes not related to or affected Lessee's improvements or acts. The judgment of any court of competent jurisdiction or the admission of Lessee in any action or proceeding against Lessee, whether Lessor be a violation party thereto or not, that Lessee has violated any such law, ordinance, requirement or order in the use of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord the Premises, shall be conclusive of that fact as between Lessor and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordLessee.

Use. Tenuiopweqant agrees that during the term of this Lease, Demised Premises shall be used and occupied only for office use, research, development and light assembly offices incidental thereto and for parking incidental thereto, and for no other purposes without the prior written consent of Landlord. The Tenant agrees to indemnify, hold harmless and defend the Landlord, its successors and assigns, from and against any loss, damage, claims, expenses or liability in connection with contamination for which the Tenant is responsible or that results from the failure of the Tenant to carry out its obligation under the Lease. Tenant agrees that during the term of this Lease and, notwithstanding anything in the immediately preceding sentence contained to the contrary: no use may be made of the Demised Premises which may reasonably be expected to attract parking, loading or unloading in excess of the facilities constructed therefore upon the Entire Parcel; neither Tenant nor any person claiming under Tenant shall impede ingress or egress to, or use the Premises for general office and any computer data center purpose or for any other lawful purpose provided, howeverof, the loading areas of the Entire Parcel; no nuisance or waste shall be permitted in, upon or about the Demised Premises; no use or business shall be permitted or conducted in, upon or about the Demised Premises which shall be unlawful, improper, noisy or offensive, or contrary to any law, ordinance, regulation or requirement of any public authority or insurance inspection or rating bureau or similar organization having jurisdiction; the Demised Premises including, without limitation, any of the mechanical systems thereof, shall not be overloaded, damaged or defaced; Tenant shall not drill or make any holes in the stone or brickwork or any of the walls or ceilings of the Demised Premises; the utilities conduits in the Demised Premises shall not be overloaded or used for any purposes other than the purposes for which originally constructed; no foreign objects shall be deposited in the plumbing facilities of the Demised Premises; no ladders shall be placed against the flashing upon the perimeter of the Building; Tenant shall not permit the emission of any objectionable noise, smoke, fumes, dust or odor from the Demised Premises; Tenant shall procure all licenses and permits which may be required for any use made of the Demised Premises; all waste and refuse shall be stored in and removed from the Demised Premises in a manner accordance with rules and regulations therefore as may be prescribed by Landlord and consistent with all local, state and federal regulations that may apply; and no sign may be installed upon the Demised Premises which would (i) result in a diminution of more than a de minimis amount in is visible from the value exterior of the Building, (ii) cause a nuisance or (iii) involve without the production or consent of Landlord, except that one sign shall be erected upon the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance exterior of the Demised Premises which will be the type utilizing individual letters such as a data center those in Landlord's Hopkinton Technology Park having letters not to exceed one foot in height and if Tenant includes an insignia in compliance with Environmental Law). In no event such sign, such insignia shall be separate and not over two feet in height and width at the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office highest and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordwidest points.

Use. Tenant may use the Premises for general office and any computer data center purpose or for any other lawful purpose provided, however, the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein containedcontained in this Lease, during the term of this Lease and any extensions or renewals. Lessee shall not use or permit any portion of the Premises to be used for (i) the operation of a title company or title agency or for providing services typically offered by escrow agents in connection with real estate transactions, or (ii) the discount or retail sale and/or brokerage of securities and/or commodities, or (iii) the operation of a bank or the provision of trust services (collectively, the "Restricted Uses"). Lessee acknowledges that Lessor may, in no event addition to the Restricted Uses, hereafter grant other exclusive or prohibited uses to or for the benefit of other tenants or occupants of the Office Complex, and Lessee agrees that neither it nor any successor, assign, concessionaire, subtenant or assignee shall Tenant’s use the Premises, or any part thereof, in any way that would violate any such exclusive or prohibited use of which Lessee has received written notice, so long as such exclusive or prohibited use does not prohibit the use of the Premises for general any permitted office and purpose for which Lessee is the using the Premises. Upon receipt by Lessee of written notice of any computer data center purpose in violation such exclusive or prohibited use hereafter granted to or for the benefit of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting another tenant or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality occupant of the foregoingOffice Complex, Tenant’s indemnity obligations under this Section 4 such excludible or prohibited use shall automatically be deemed to be an additional Restricted Use, so long as such exclusive or prohibited use does not apply to prohibit the extent the title insurance policy obtained by Landlord in connection with its purchase use of the Premises for any permitted office purpose for which Lessee is then using the Premises. Lessee agrees that it will not withhold or delay its written acknowledgment of the addition of any such additional exclusive or prohibited use to the first sentence of this Article as an additional Restricted Use if such acknowledgment is requested in writing by Lessor (which acknowledgment may be in the form of an amendment to this Lease or in any other reasonable form), and in the simultaneously issued Lender’s policy event Lessee fails to furnish such written acknowledgment within fifteen (15) days after Lessee's receipt of title insurance) contains affirmative insurance against Lessor's written request therefor, Lessee shall be deemed to have given such written acknowledgment as of the applicable loss arising due to a violation expiration of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord 15-day period and Lender at Tenant’s cost shall be in default hereunder. Lessee shall comply with respect to such Permitted Encumbrance on the terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentenceof any encumbrances, TENANT SHALL BE OBLIGATED TO INDEMNIFYcovenants, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenantsconditions, restrictions or agreements other matters now of record or hereafter created by or consented to by Tenant, Tenant shall, subject to recorded against the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordOffice Complex. 39 ARTICLE XXV. [Intentionally Omitted.]

Use. A. Subject to the provisions of Subsection 4.B, Tenant may use the Premises for general office the operation of a bank branch offering financial services and any computer data center purpose other services now or for hereafter permitted by Law to be offered by a bank or a bank holding company and any other lawful purpose provided, however, the Tenant shall not use the for which such Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value is being used as of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation Commencement Date subject to all Laws and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4Encumbrances; provided, however, that subject to all Laws, Permitted Encumbrances, including all such restrictions and/or exclusions contained therein, and all other provisions of this Lease, including, without limitation, the insurance requirements of Section 18 and the repair and maintenance responsibilities of Section 12, Tenant shall (on not less than thirty (30) days’ written notice to Landlord of its intention to do so) have the right at any time and from time to time, to change the use of the Premises, or any portion thereof, from its then current use or any substantially similar use to any other retail or office use (collectively, “Alternative Use”). It is agreed that the foregoing use and restriction on use is a material inducement to Landlord entering into this Lease and that Landlord would not enter into this Lease without this inducement. Tenant shall use the Premises and all parking and common areas only as provided by and in no way accordance with all Encumbrances, subject to Landlord’s reservation of rights herein. Tenant shall not use or occupy the Premises, or any part thereof, nor permit or allow the Premises or any part thereof to be construed used or occupied, for (i) any purpose or in any manner which is in violation of any Law or a violation of the provisions set forth in Section 33 or (ii) in any manner which violates any certificates of occupancy for the Premises or makes void or voidable any insurance then in force with respect thereto as limiting or otherwise modifying is required pursuant to Section 18 hereof. Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase occupancy of the Premises (will be in compliance with all Laws and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently Insurance Requirements, and as otherwise provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCEin this Lease. Tenant agrees that with respect to shall neither suffer nor permit the Permitted Encumbrances and Premises or any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions portion thereof required therein to be observed and performed by used, or otherwise act or fail to act, in such a manner as (I) might reasonably tend to impair Landlord’s title thereto or to any portion thereof, other than a Permitted Encumbrance, (II) may make reasonably possible a claim of adverse use or possession, or an implied dedication of the Premises or any material portion of the Premises, or (III) may subject the Premises or this Lease to any Encumbrances, other than Permitted Encumbrances.

Use. Tenant may use the Premises for general office retail and any computer data center purpose distribution use and ancillary uses thereof or for any other lawful purpose provided, however, the Tenant shall so long as such other lawful purpose would not use the Premises in a manner which would (i) result in have a diminution of more than a de minimis amount in material adverse effect on the value of the BuildingPremises, (ii) cause a nuisance materially increase (when compared to similar space) the likelihood that Tenant, Landlord or Landlord’s Mortgagee would incur liability under any Environmental Laws (as hereinafter defined), or (iii) involve the production result in or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance give rise to any material environmental deterioration or degradation of the Premises as a data center and in compliance with Environmental Law)Premises. In no event shall any of the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under that this Section 4 sentence shall not apply with respect to any Permitted Encumbrance in effect on the extent Lease Commencement Date so long as (i) the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued LenderMortgagee’s policy of title insuranceinsurance issued in connection with the Loan) contains affirmative insurance against the applicable any loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender Mortgagee at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject Landlord and Mortgagee in their sole discretion, and (ii) violation of such Permitted Encumbrance could not result in Landlord or Mortgagee suffering (A) any criminal liability, penalty or sanction, (B) any civil liability, penalty or sanction for which Tenant has not made provisions reasonably acceptable to Landlord and Mortgagee, or (C) defeasance or loss of priority of its interest in the preceding sentencePremises; provided, further, however, that TENANT SHALL NONETHELESS BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER LANDLORD AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, shall observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord.

Use. Tenant may use Except as set forth below, each of the Premises Properties shall be used solely for general office the operation of a Permitted Facility in accordance with the standards of operations then in effect on a system- wide basis, and for no other purpose. Lessee shall occupy the Properties promptly following the Effective Date and, except as set forth below and except during periods when any computer data center purpose of the Properties is untenantable by reason of a Casualty or for any other lawful purpose Taking (provided, however, during all such periods while any of the Tenant Properties is untenantable, Lessee shall strictly comply with the terms and conditions of Section 21 of this Lease), Lessee shall at all times during the Lease Term occupy each of the Properties and shall diligently conduct its business on each of the Properties as a Permitted Facility. Unless Lessor's prior written consent is obtained (which consent may be withheld or conditioned by Lessor in its sole discretion), Lessee may cease diligent operation of business at any of the Properties for a period not use to exceed 90 days and may do so only once with 19 respect to each Property within any five-year period during the Premises in a manner which would Lease Term. If Lessee does discontinue operation as permitted by this Section, Lessee shall (i) result give written notice to Lessor within 10 days after Lessee elects to cease operation, (ii) provide adequate protection and maintenance of any such Properties during any period of vacancy, (iii) comply with all Applicable Regulations and otherwise comply with the terms and conditions of this Lease other than the continuous use covenant set forth in this Section, and (iv) pay all costs necessary to restore such Properties to their condition on the day operation of the business ceased at such time as such Properties are reopened for Lessee's business operations or other substituted use approved by Lessor as contemplated below. Notwithstanding anything herein to the contrary, Lessee shall pay the Base Monthly Rental on the first day of each month during any period in which Lessee discontinues operation. Lessee shall not, by itself or through any assignment, sublease or other type of transfer, convert any of the Properties to a diminution of more use other than a de minimis amount Permitted Facility during the Lease Term without Lessor's consent, which consent shall not be unreasonably withheld. conditioned or delayed. Lessor may consider any or all of the following in determining whether to grant its consent, without being deemed to be unreasonable: (i) whether the rental paid to Lessor would be equal to or greater than the anticipated rental assuming continued existing use, (ii) whether the proposed rental to be paid to Lessor is reasonable considering the converted use of the Properties and the customary rental prevailing in the community for such use, (iii) whether the converted use will be consistent with the highest and best use of the Properties, and (iv) whether the converted use will increase Lessor's risks or decrease the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordProperties.