Common use of Commencement Date Clause in Contracts

Commencement Date. Commencement Date shall be defined to mean the earliest to occur of the following: (i) the date Tenant commences occupancy under this Lease of any portion of the Premises for the conduct of its business; or (ii) the Estimated Commencement Date specified in section C.4. of the Information Sheet. If for any reason Landlord does not or cannot deliver possession of all or any portion of the Premises to Tenant by the Estimated Commencement Date, Landlord shall not be subject to any liability therefore, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter the validity of this Lease or the nature or term of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease to be later than July 12, 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety.

Commencement Date. Commencement Date The term of this Lease (“Lease Term”) shall be defined to mean for twelve (12) years beginning on the earliest to occur earlier of the following: (i) the date Tenant commences occupancy under this Lease a Certificate of any portion Occupancy (Or Notice of Substantial Completion) first is issued affecting the Premises for the conduct of its business; or Building, or (ii) the Estimated Commencement Date specified in section C.4. of the Information Sheet. If for any reason Landlord does not date on which Lessee first occupies or cannot deliver possession of all or any portion of conducts business at the Premises (the “Commencement Date”) provided that, (i) for each day of delay by Lessee in failing to Tenant approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (ii) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (14) days after delivery by the Estimated Commencement DateGeneral Contractor as provided in Section 2.04(d), Landlord shall not or (iii) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (iv) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be subject to any liability thereforedelayed (collectively “Lessee Delay”), nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter the validity of this Lease or the nature or term occur one (1) day in advance of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this the Certificate of Occupancy for each such day of delay. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on July 8, 2001 rather than July 1, 2001, the Commencement Date shall be July 1, 2001 for all purposes, including payment of Base Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve (12) years after the Commencement Date occurs, e.g. if the date on which the Commencement Date occurs is July 1, 2001, the Lease Term shall expire on June 30, 2013 and if the Commencement Date is July 3, 2001, the Lease Term shall expire on July 2, 2013 (“Expiration Date”). The parties shall execute a “Memorandum of Commencement of Lease Term” when the Commencement Date becomes known, which shall include a certification of the actual Rentable Area of the Building determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to be later than July 12paid pursuant to Section 4.01., 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant and shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth substantially in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety.form attached hereto as Exhibit “E.”

Commencement Date. The term of this Lease (“Lease Term”) shall be for twelve (12) years beginning on the earlier of (i) the first date on which Lessee occupies or conducts business at the Premises or (ii) the date on which a Certificate of Occupancy is issued affecting the Building and the Seaport Boulevard improvements, the baseball and soccer fields and the amenities/athletic facility have been substantially completed (the “Commencement Date”) provided that, (A) for each day of delay by Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (B) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (14) days after delivery by the General Contractor as provided in Section 2.04(d), or (C) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (D) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively “Lessee Delay”), the Commencement Date shall occur one (1) day in advance of the date of the Certificate of Occupancy for each such day of delay. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on April 8, 2001 rather than April 1, 2001, the Commencement Date shall be defined to mean the earliest to occur April 1, 2001 for all purposes, including payment of the following: (i) Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date Tenant commences occupancy under this Lease of any portion of the Premises for the conduct of its business; or (ii) the Estimated Commencement Date specified in section C.4. of the Information Sheet. If for any reason Landlord does not or cannot deliver possession of all or any portion of the Premises to Tenant by the Estimated Commencement Date, Landlord shall not be subject to any liability therefore, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in completes twelve years after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be issued for the Building is April 1, 2001, the Lease Term shall alter expire on March 31, 2013 and if that date is April 3, 2001, the validity Lease Term shall expire on April 2, 2013 (“Expiration Date”). The parties shall execute a “Memorandum of this Commencement of Lease or Term” when the nature or term Commencement Date becomes known, which shall include a certification of the obligations actual Rentable Area of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date Building determined by the methodology described in Section 2.01. and the actual monthly installments of this Lease Base Rent to be later than July 12paid pursuant to Section 4.01., 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant and shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth substantially in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety.form attached hereto as Exhibit “E.”

Commencement Date. Commencement Date The term of this Lease ("Lease Term") shall be defined to mean for twelve (12) years beginning on the earliest to occur earlier of the following: (i) the date Tenant commences occupancy under this Lease a Certificate of any portion of Occupancy first is issued affecting the Premises for the conduct of its business; or Building, or (ii) the Estimated Commencement Date specified in section C.4. of the Information Sheet. If for any reason Landlord does not date on which Lessee first occupies or cannot deliver possession of all or any portion of conducts business at the Premises (the "Commencement Date") provided that, (i) for each day of delay by Lessee in failing to Tenant approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (ii) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (14) days after delivery by the Estimated Commencement DateGeneral Contractor as provided in Section 2.04(d), Landlord shall not or (iii) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (iv) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be subject to any liability thereforedelayed (collectively "Lessee Delay"), nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter the validity of this Lease or the nature or term occur one (1) day in advance of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this the Certificate of Occupancy for each such day of delay. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on July 8, 2001 rather than July 1, 2001, the Commencement Date shall be July 1, 2001 for all purposes, including payment of Base Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve (12) years after the Commencement Date occurs, e.g. if the date on which the Commencement Date occurs is July 1, 2001, the Lease Term shall expire on June 30, 2013 and if the Commencement Date is July 3, 2001, the Lease Term shall expire on July 2, 2013 ("Expiration Date"). The parties shall execute a "Memorandum of Commencement of Lease Term" when the Commencement Date becomes known, which shall include a certification of the actual Rentable Area of the Building determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to be later than July 12paid pursuant to Section 4.01., 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant and shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth substantially in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety.form attached hereto as Exhibit "E."

Commencement Date. Commencement Date Landlord shall be defined to mean the earliest to occur of the following: (i) the date Tenant commences occupancy under this Lease of any portion of the Premises for the conduct of its business; or (ii) the Estimated Commencement Date specified in section C.4. of the Information Sheet. If for any reason Landlord does not or cannot deliver possession of all or any portion of the Premises to Tenant on the date (the “Delivery Date”) that Landlord’s Market Ready Improvements described on EXHIBIT C attached hereto and the Tenant Improvements to be completed by Landlord pursuant to the Estimated Commencement DateWork Letter Agreement attached hereto as EXHIBIT D are substantially completed. For purposes of this Lease, Landlord Landlord’s Market Ready Improvements and the Tenant Improvements shall not be deemed to be “substantially completed” when Landlord’s Market Ready Improvements and the Tenant Improvements have been completed in accordance with any plans and specifications therefor, subject only to the completion of any liability thereforeminor punch-list items, nor shall and the City of Sunnyvale has completed a final inspection of such failure affect work and issued a temporary certificate of occupancy or other written approvals permitting legal occupancy of the validity Premises. The term of this Lease or (“Term”) shall be seventy-six (76) months commencing on the obligations of Tenant hereunder, provided that such delay does not exceed date (the “Commencement Date”) which is thirty (30) days from the Estimated Commencement Delivery Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter the validity of this Lease or the nature or term of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease to be later than July 12, 2014. If the Delivery Date does not occur on or before May 1, 2018, for any reason Landlord does not deliver possession of all or any portion of other than (i) ArcTec’s failure to complete the Premises to Tenant for a period exceeding thirty Final Plans and Specifications (30) days from the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, as such portion of the Premises. Except as set forth term is defined in the Work Letter with respect attached as EXHIBIT D) and submit such Final Plans and Specifications (and any other documentation required by the City of Sunnyvale for the issuance of a building permit for the Tenant Improvements) to Landlord’s general contractor by January 8, 2018, (ii) the hanging conference room wall, if City requiring Landlord fails to deliver at least ninety percent (90%) stop construction due to its commencement of the Premises Tenant Improvements before the permits therefor were issued or (iii) delays caused by the Estimated Commencement Dateacts or omission of Tenant, as defined in Paragraph 3(c) below, then the date Tenant is otherwise obliged to commence payment of Rent shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver delayed by one (1) additional day for each day the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entiretyDelivery Date is delayed beyond such date.

Commencement Date. Commencement Date The term of this Lease ("Lease Term") shall be defined to mean ----------------- for twelve (12) years beginning on the earliest to occur earlier of the following: (i) the date Tenant commences a Certificate of Occupancy (which means for purposes of this Lease, either a Certificate of Occupancy or its equivalent which allows legal occupancy under this Lease and including, without limitation, a Notice of any portion of Substantial Completion) first is issued affecting the Premises for the conduct of its business; or Building, or (ii) the Estimated Commencement Date specified in section C.4. of the Information Sheet. If for any reason Landlord does not date on which Lessee first occupies or cannot deliver possession of all or any portion of conducts business at the Premises (the "Commencement Date") provided that, (i) for each day of delay by Lessee in failing to Tenant approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (ii) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (14) days after delivery by the Estimated Commencement DateGeneral Contractor as provided in Section 2.04(d), Landlord shall not or (iii) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (iv) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be subject to any liability thereforedelayed (collectively "Lessee Delay"), nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter the validity of this Lease or the nature or term occur one (1) day in advance of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this the Certificate of Occupancy for each such day of delay. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on July 8, 2001 rather than July 1, 2001, the Commencement Date shall be July 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve (12) years after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be later than issued for the Building is July 121, 20142001, the Lease Term shall expire on June 30, 2013 and if that date is July 3, 2001, the Lease Term shall expire on July 2, 2013 ("Expiration Date"). If for any reason Landlord does not deliver possession The parties shall execute a "Memorandum of all or any portion Commencement of Lease Term" when the Commencement Date becomes known, which shall include a certification of the Premises actual Rentable Area of the Building determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to Tenant for be paid pursuant to Section 4.01., and shall be substantially in the form attached hereto as Exhibit "E." Notwithstanding the foregoing, in no event shall Lessee Delay be used to advance the Commencement Date to a period exceeding thirty (30) days from date earlier than the Estimated Scheduled Commencement Date, Tenant shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety.

Commencement Date. The “Commencement Date Date” for each of Premises A, Premises B and Premises C shall be defined to mean the earliest to occur of Scheduled Commencement Dates set forth in Section 1.1, Notwithstanding the following: (i) the date Tenant commences occupancy under this Lease of foregoing, if Tenant’s personnel shall occupy all or any portion part of the Premises for the conduct of its business; or business prior to the applicable Commencement Date as determined pursuant to the preceding sentence, such date of occupancy shall, for all purposes of this Lease, be the Commencement Date for Premises A, Premises B or Premises C as, applicable. Promptly upon the occurrence of the Premises B/C Commencement Date, landlord and Tenant shall execute and deliver a letter designating the commencement dates for Premises A, Premises B and Premises C substantially in the form attached hereto as Exhibit C, but the failure by either party to execute and deliver such a letter shall have no effect on the commencement dates, as hereinabove determined. Notwithstanding anything to the contrary contained herein, in the event Tenant is unable to obtain a building permit on or before July 15, 2006 for the Work (as defined in Exhibit E attached hereto) to be performed in Premises B and/or Premises C, and Tenant filed for such permit immediately following Landlord’s approval of the Working Drawings for such Work and exercised all reasonable and diligent efforts to obtain such permit, and as a result thereof the Work to be performed in Premises B and/or Premises C is not substantially completed prior to the Premises B/C Commencement Date specified in Section 1.1 above, then the Premises B/C Commencement Date shall be extended to the date that is the earliest of (i) the date on which such Work is substantially completed, (ii) the Estimated Premises B/C Commencement Date specified in section C.4. Section 1.1 above plus the number of days in the Information Sheet. If for any reason Landlord does not or cannot deliver possession of all or any portion of the Premises to Tenant by the Estimated Commencement Dateperiod commencing on July 16, Landlord shall not be subject to any liability therefore, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until 2006 and ending on the date that Landlord delivers possession of on which Tenant receives the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No building permit for such delay or adjustment in the Commencement Date shall alter the validity of this Lease or the nature or term of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease to be later than July 12, 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease with respect to that portion of the Premises not deliveredWork, and its obligations under this Lease shall cease with respect to(iii) September 1, such portion of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety2006.

Commencement Date. (a) Subject to the satisfaction of the conditions set forth in Sections 2.1 and 2.2, the “Commencement Date” shall be a Business Day specified by ▇▇▇▇ in a written notice to the Company given at least one (1) Business Day prior to such Commencement Date, which shall occur on or after the Effective Date and on or prior to February 28, 2012 or such later date as the Parties shall agree (the “Latest Commencement Date”). (b) If the Commencement Date has not occurred on or before the Latest Commencement Date, this Agreement shall be defined to mean terminate on the earliest first Business Day following the Latest Commencement Date. In such case, all obligations of the Parties hereunder shall terminate, except for the obligations set forth in Article 2, Article 20, Article 21 and Article 23 and any obligation under the last sentence of this Section 2.3(b); provided, however, that nothing herein shall relieve any Party from liability for the breach of any of its representations, warranties, covenants or agreements set forth in this Agreement. Without limiting the foregoing, if the failure of the Commencement Date to occur of on or before the following: Latest Commencement Date is due to (i) any breach by the date Tenant commences occupancy under this Lease of any portion of the Premises for the conduct Company of its business; or obligations hereunder, including its obligations under clause (c) below or (ii) the Estimated failure of any of the conditions contained in Section 2.1 to be satisfied on or before the Latest Commencement Date specified in section C.4. of the Information Sheet. If for any reason Landlord does not or cannot deliver possession of all or any portion of whatsoever, then the Premises to Tenant by the Estimated Commencement Date, Landlord Company shall not be subject to any liability therefore, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay reimburse ▇▇▇▇ for any Monthly Rent hereunderloss, until costs and damages incurred or realized by ▇▇▇▇ as a result of its maintaining, terminating or obtaining any Related ▇▇▇▇▇▇. (c) From and after the date that Landlord delivers possession Effective Date, the Company shall use commercially reasonable efforts to cause each of the entire Premises conditions referred to Tenant (which date in Section 2.1 to be satisfied on or prior to the Latest Commencement Date and ▇▇▇▇ shall then use commercially reasonable efforts to cause each of the conditions referred to in Section 2.2 to be deemed satisfied on or prior to the Latest Commencement Date). No such delay . (d) [Reserved.] (e) The Company covenants and agrees to take (or adjustment cause its Affiliates to take) all actions necessary to cause any Crude Oil Linefill or Product Linefill included in the Commencement Date shall alter the validity of this Lease or the nature or term Volumes to be transferred to ▇▇▇▇ on and effective as of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease to be later than July 12, 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety.

Commencement Date. Commencement Date The term of this Lease shall be defined to mean for TWELVE (12) MONTHS unless sooner terminated as hereinafter provided, commencing on the earliest to occur of date which is the followingearlier of: (ia) the date Tenant commences occupancy under this Lease of any portion of on which the Premises for the conduct of its businessare Substantially Complete (as hereinafter defined); or (iib) the Estimated Commencement Date specified date that Tenant opens for business in section C.4. the Premises; (or, at Landlord’s election, upon the first day of the Information Sheetfirst full month following the earlier to occur of (a) or (b) above). If for any reason The Premises shall be deemed to be “Substantially Complete” on the earliest of the date on which: (1) Landlord does not files or cannot deliver possession causes to be filed with the City of Pleasanton (the “City”), if required, and delivers to Tenant an architect’s notice of substantial completion, or similar written notice that the Premises are substantially complete, (2) Tenant first occupies all or any portion of the Premises Premises, or (3) a certificate of occupancy (or a reasonably substantial equivalent such as a signoff from a building inspector or a temporary certificate of occupancy) is issued for the Premises. 1.1.1 The date that the Lease commences in accordance with this Article 1 shall be referred to Tenant by herein as the Estimated “Commencement Date”. If either of the events described in Paragraph 1.1(a) or (b) occurs on the first day of a month, that date shall be the Commencement Date of this Lease. 1.1.2 On and after the Commencement Date, Landlord the Lease shall not be subject to any liability thereforecontinue in full force and effect for the period of time specified as the Term or until this Lease is terminated as otherwise provided herein. As soon as the Commencement Date is determined, nor Tenant shall such failure affect execute a Commencement Date Memorandum in the validity form attached hereto as Exhibit F acknowledging, among other things, the (a) Commencement Date, (b) scheduled termination date of this Lease or and (c) Tenant’s acceptance of the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from Premises. The Tenant’s failure to execute the Estimated Commencement Date, but in such case, Tenant Date Memorandum shall not be obligated affect Tenant’s liability hereunder. 1.1.3 Reference in this Lease to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date a “Lease Year” shall then be deemed mean each successive twelve month period commencing with the Commencement Date). No such delay or adjustment in . 1.1.4 Landlord and Tenant estimate that the Commencement Date shall alter the validity of this Lease or the nature or term of the obligations of Tenant hereunderbe September 15, nor 2006, but such estimate is not and shall any such delay or adjustment cause the expiration date of this Lease not be deemed to be later than July 12, 2014. If for any reason a representation or warranty by Landlord does not deliver possession of all or any portion of the that Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, ready for Tenant’s occupancy on such portion of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entiretydate.

Commencement Date. The "Commencement Date Date" of this lease shall be defined to mean the earliest to occur earlier of the following: (i) the date Tenant commences occupancy under this Lease of occupies all or any portion of the Premises for the conduct purpose of its business; or conducting business therein, or (ii) May 7, 2001 (provided, however, that this date shall be extended day for day by reason of any delay past March 1, 2001, in the Estimated substantial completion of the base Building shell, other than delay caused by Tenant or its contractors. In order for Landlord to assert a Tenant delay in the completion of the base Building pursuant to the preceding sentence, Landlord must notify Tenant in writing of any circumstance constituting a Tenant delay within 2 business days of Landlord's knowledge that such circumstance has resulted or is likely to result in a delay. The outside Commencement Date specified of May 7, 2001 shall also be extended day for day for any Excused Delay in section C.4. the construction of the Information SheetInitial Tenant Improvements. If for any reason Landlord does not Excused Delay shall be mean delay in the substantial completion of the Initial Tenant Improvements resulting from the following, and only the following events or cannot deliver possession of all circumstances: floods, fire, tornado, earthquake or other casualties or natural disasters, war or national emergency, governmental restrictions and limitations or any portion cause similar to the foregoing beyond the reasonable control of Tenant or Tenant's contractors, subcontractors or suppliers, except that the term Excused Delay shall expressly exclude delays due to snow, cold weather or similar adverse weather conditions, strikes or other labor troubles or due to scarcity or unavailability of fuel, labor or materials (unless directly related to one of the Premises expressly enumerated causes above). In order for Tenant to claim an extension of the Commencement Date resulting from an Excused Delay, Tenant must (i) notify Landlord in writing of any circumstance constituting an Excused Delay within 2 business days of Tenant's knowledge that such circumstance has resulted or is likely to result in a delay, and (ii) submit to Landlord a certification by Tenant's architect of the Estimated Commencement Datelength of the delay resulting from such circumstance, Landlord which certification shall not be subject to any liability thereforethe reasonable review and approval of Landlord's architect. In no event shall Excused Delays, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter the validity of this Lease or the nature or term of the obligations of Tenant hereunderaggregate, nor shall any such delay or adjustment cause the expiration date of this Lease to be later than July 12, 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entiretyexceed 60 days.

Commencement Date. The Lease shall commence on the date specified in Section 1(b), or on such earlier or later date as may be specified by written notice delivered by Landlord to Tenant advising Tenant that the Premises are ready for possession and specifying the Commencement Date, which shall not be less than _____ (30 if not completed) days following the date of such notice. If Tenant occupies the Premises before the Commencement Date specified in Section 1(b), then the Commencement Date shall be defined to mean the earliest to occur of the following: (i) the date Tenant commences occupancy under this Lease of any portion of occupancy. If Landlord acts diligently to make the Premises for the conduct available to Tenant, neither Landlord nor any agent or employee of its business; or (ii) the Estimated Commencement Date specified in section C.4. of the Information Sheet. If Landlord shall be liable for any reason Landlord does not damage or cannot loss due to Landlord's inability or failure to deliver possession of all or any portion of the Premises to Tenant by the Estimated Commencement Date, Landlord shall not be subject to any liability therefore, nor shall such failure affect the validity of as provided in this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant EXCEPT IF SUCH FAILURE RESULTS FROM LANDLORD'S NEGLIGENCE. The Termination Date shall not be obligated to pay modified upon any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment change in the Commencement Date shall alter so that the validity of this Lease or the nature or term length of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease to be later than July 12, 2014term is not changed. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty within THIRTY (30) days (60 if not completed) after the date specified in Section 1(b), Tenant may elect to cancel this Lease by giving written notice to Landlord within 30 days after such time period ends. If Tenant gives such notice, the Lease shall be canceled, all prepaid rent and security deposits shall be refunded to tenant, and neither Landlord nor Tenant shall have any further obligations to the other. The first "Lease Year" shall commence on the Commencement Date and shall end on the date which is twelve (12) months from the Estimated end of the month in which the Commencement Date, Tenant Date occurs. Each successive Lease Year during the initial term and any LEASE AGREEMENT (SINGLE TENANT FOR ENTIRE PARCEL - TRIPLE NET) (CONTINUED) extension terms shall be entitled to terminate this Lease with respect to that portion twelve (12) months, commencing on the first day following the end of the Premises not deliveredpreceding Lease Year, and its obligations under this except that the last Lease Year shall cease with respect to, such portion of end on the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Termination Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety.

Commencement Date. The term of this Lease (“Term”) shall be seven (7) years commencing on the Commencement Date (defined below), unless sooner terminated and subject to any extension granted hereunder. The “Commencement Date” of this Lease shall be defined to mean the earliest to occur later of (i) March 1, 2011; or (ii) the date of substantial completion of the following: Tenant Improvements to be completed by Landlord pursuant to the terms of the Work Letter Agreement attached as EXHIBIT C. For purposes of this Lease, the date of substantial completion shall be the date that all of the following has occurred: (i) the date Tenant commences occupancy under this Lease Improvements are complete except for minor items of any portion adjustment or repair of the Premises for type commonly found on an architect’s punchlist which would not materially interfere with Tenant’s use and enjoyment of the conduct of its businessPremises; or and (ii) the Estimated Commencement Date specified City of Sunnyvale has approved the Tenant Improvements in section C.4. accordance with its building code, evidenced by its completion of a final inspection and written approval of such improvements as so completed in accordance with the Information Sheetbuilding permit issued for the Tenant Improvements. If for any reason Landlord does not or cannot deliver possession of all the Premises to Tenant with the Tenant Improvements substantially complete on or before March 1, 2011, this Lease shall not be void or voidable, nor shall Landlord, or Landlord’s Agents be liable to Tenant for any portion loss or damage resulting therefrom. In such event, subject to the provisions of Paragraph 3(c), Tenant shall not be liable for Rent until Landlord delivers possession of the Premises to Tenant by with the Estimated Commencement DateTenant Improvements substantially complete, Landlord shall not be subject to any liability therefore, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter the validity of this Lease or the nature or term of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause and the expiration date of this Lease the Term shall be extended by the same number of days that Tenant’s possession of the Premises is delayed. Notwithstanding the foregoing, if Landlord is unable to be later than July 12, 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant with the Tenant Improvements substantially complete by August 31, 2011 for any reason other than a period exceeding thirty (30) days from the Estimated Commencement DateTenant Delay, then Tenant shall be entitled have the right to terminate this Lease with respect by delivery of written notice to that portion of the Premises not deliveredlandlord no later than September 15, and its obligations under this Lease shall cease with respect to, such portion of the Premises2011. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled Tenant’s right to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant as permitted herein shall be entitled Tenant’s sole and exclusive remedy for Landlord’s inability to terminate this Lease in its entiretycomplete the Tenant Improvements by August 31, 2011, and Landlord shall have no liability to Tenant for any other damages or losses suffered or incurred by Tenant as a result thereof.

Commencement Date. Commencement Date (a) If Tenant Does Not Utilize Full Service Space Planner. If Tenant does not employ a Full Service Space Planner under the terms of subparagraph 3.1(b), below, then the following provisions of this subparagraph 3.1 (a) shall be defined to mean the earliest to occur apply. The term of the following: Lease under Section 1.5 of the Lease shall commence on the earlier of: (i) the date Tenant commences occupancy under this Lease of any portion of the Premises for the conduct of its business; or (ii) the Estimated Commencement Date specified in section C.4. of the Information Sheet. If for any reason Landlord does not or cannot deliver possession of all or any portion of the Premises to Tenant by the Estimated Commencement Date, Landlord shall not be subject to any liability therefore, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from after the Estimated Completion Date (as the Completion Date is defined in Paragraph 1.3, above); or (ii) the date a certificate of occupancy (either temporary or permanent) is issued for the Tenant Improvements, a final inspection approval is issued for the Tenant Improvements or the City of Calabasas otherwise allows Tenant's occupancy of the Tenant Improvements. Such date is herein referred to as the "Commencement Date" of the Lease. Landlord and Tenant recognize that the Commencement Date of the Lease could occur prior to the completion of construction of the Tenant Improvements. (b) If Tenant Utilizes a Full Service Space Planner. If Tenant on or before July 1, 1998 Engages a "Full Service Space Planner" approved by Landlord, which approval shall not be unreasonably withheld, to provide all of the architectural, engineering, construction supervision and design services for the Tenant Improvements, then the term of the Lease under Section 1.5 of the Lease shall commence on the first to occur (a) shall not apply. Such Commencement Date under this subparagraph 3.1 (b) shall occur: (i) one (1) day earlier than the defined Commencement Date, but above, for each day that a "Tenant Delay" as defined below causes a delay in such casethe construction of the Tenant Improvements or the Shell; (ii) one (1) day earlier than the defined Commencement Date, above, for each day that Tenant's general contractor takes longer than one hundred eight (108) days to complete construction of the Tenant shall not be obligated to pay any Monthly Rent hereunder, until Improvements from the date that Landlord delivers possession of makes the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter the validity of this Lease or the nature or term of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease to be later than July 12, 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises Shell available to Tenant for a period exceeding thirty the commencement of construction of the Tenant Improvements; and (30iii) days from one (1) day earlier than the Estimated defined Commencement Date, above, for each day that the Final Plans and Specifications are completed after September 15, 1998; except that if Tenant Engages by July 1, 1998 H. H▇▇▇▇ ▇▇▇ociates as a Full Service Space Planner, then subparagraphs 3.1(b)(ii) and (iii) shall not apply. The following items causing a delay in construction of the Tenant Improvements or the Shell shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations a "Tenant Delay" under this Lease shall cease with respect to, such portion of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety.subparagraph 3.1

Commencement Date. The earlier of (a) (i) if Landlord is not designated by Tenant to perform Tenant's Work, six (6) months from the completion of the core and shell of the Building to the extent necessary so that Tenant may commence Tenant's Work, together with the 5 delivery of Architect's Certificate, or (ii) if Landlord is designated to perform Tenant's Work, the date on which Landlord Substantially Completes Tenant's Work and delivers the Demised Premises to Tenant, provided, however, that in the case of (i) or (ii) above, the Commencement Date shall not occur prior to the thirtieth (30th) day after delivery of the Commencement Notice, nor earlier than January 1, 1999, (b) the date Tenant, or anyone claiming under or through Tenant, first occupies the Demised Premises or any part thereof and is open for business, provided that in such event, the Commencement Date shall be defined deemed to mean have occurred only for the earliest to occur floors of the following: (i) the date Demised Premises actually so occupied and provided further that if Tenant commences occupancy under this Lease of shall occupy any portion part of the Demised Premises and shall be open for the conduct of its business; or (ii) the Estimated Commencement Date specified in section C.4. of the Information Sheet. If for any reason Landlord does not or cannot deliver possession of all or any portion of the Premises business prior to Tenant by the Estimated Commencement DateJanuary 1, Landlord shall not be subject to any liability therefore1989, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter not be deemed to have occurred until January 1, 1989, provided that Tenant shall occupy the validity Demised Premises on all of the terms and conditions of this Lease and Tenant shall pay as rent hereunder an amount equal to the product of fifty cents (50cts) and the Floor Space per month as well as all Additional changes incurred pursuant to the provisions hereof for every month or portion thereof commencing on the nature or term of date Tenant shall so occupy the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease to be later than July 12, 2014. If for any reason Landlord does not deliver possession of all Demised Premises or any portion of thereof and be open for business and terminating on the Premises day prior to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease with respect to that portion of or (c) the Premises not delivereddate upon which the Commencement Date would have occurred under (a) above, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises but for delays caused by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entiretyTenant.

Commencement Date. The Additional Premises Commencement Date and Tenant's obligation to pay rent under the Sixth Amendment shall be governed by Paragraphs 3 and 5 of the Sixth Amendment. However, if there shall be a delay beyond the scheduled Additional Premises Commencement Date in the substantial completion of the Improvements as a result of: 7.1 Tenant's failure to submit or revise the Space Plan within the time limits provided herein; 7.2 Tenant's failure to submit or revise the Plans within the time limits provided herein; 7.3 Tenant's failure to approve the Cost Breakdown or to pay the sum specified in Section 5.2 above within the time limits provided herein; 7.4 Tenant's request for Non-Standards, whether as to materials or installation, that extends the time it takes to obtain necessary building permits or other governmental authorizations or extends the time for the construction period; 7.5 Insufficiency of the Plans that extends the time it takes to obtain necessary building permits or other governmental authorizations or changes in the Plans required by the applicable governmental regulatory agencies reviewing the Plans; 7.6 Tenant's changes in the Plans after the approval by Landlord; 7.7 Any other act or omission of Tenant constituting a delay; then the Additional Premises Commencement Date shall not be defined accelerated but Tenant shall pay to mean the earliest Landlord an amount equal to occur one thirtieth (1/30th) of the following: (i) Base Rent due for the date Tenant commences occupancy under this Lease of any portion first full calendar month of the Premises Term for each day of delay. For purposes of the foregoing calculation, the Base Rent payable for the conduct of its business; or (ii) the Estimated Commencement Date specified in section C.4. first full calendar month of the Information SheetTerm shall not be reduced by any abated rent, conditionally waived rent, free rent or similar rental concessions, if any. If for any reason Landlord does not or cannot deliver possession of all or any portion Upon substantial completion of the Premises to Tenant by the Estimated Commencement DateImprovements, Landlord shall not be subject to any liability therefore, nor shall such failure affect the validity notify Tenant of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of on which the entire Additional Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter the validity of this Lease or the nature or term of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease to be later than July 12, 2014. If would have been substantially completed but for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entiretydelays.

Commencement Date. Commencement Date shall be defined to mean the earliest to occur of the following: June – September: This subsection (i) shall only apply if the date Tenant commences occupancy under Commencement Date of this Lease (as set forth in Section 1) occurs within the month of any portion June, July, August, or September. (a) Tenant may renew the Term for one (1) additional term commencing on the day after the Expiration Date and ending 12 months later provided Tenant timely complies with the requirements of this section. No later than September 15, either: (I) T enant shall send written notice to Lessor electing to renew the Term; or (II) Tenant shall send written notice to Lessor waiving Tenant’s right to ren ew the Term and upon such election Tenant shall have no further rights to renew this Lease. If Tenant fails to deliver notice of renewal or non -renewal, Tenant will be deemed to have elected NOT to renew the Term. (b) If Tenant timely elects to renew the Term pursuant to Section 1, Lessor shall send Tenant a new rental agreement for the Premises with reasonable terms designated by Lessor in its discretion for a renewal term to commence on the day following the Expiration Date (a “Renewal Lease”). If Tenant does not deliver timely notice of renewal to Lessor, a Renewal Lease may be provided by Lessor pr ovided that Lessor shall have no obligation to provide such Renewal Lease. No later than October 15, ▇▇▇▇▇▇ shall return the original signed Renewal Lease to Lessor, which must be signed by all Tenants identified within this Lease. If ▇▇▇▇▇▇ does not return the Renewal Lease by the deadline set f ▇▇▇▇ in this subsection, or the Renewal Lease is not signed by all Tenants, all Tenants will be deemed to have refused to sign the Renewal Lease and the Term will end on the Expiration Date. (c) If more than one Tenant occupies the Premises and one or more, but not all Tenants, return the signed Renewal L ease, the renewal will not be enforceable until all non-renewing Tenants also deliver written notice to Lessor agreeing to vacate the Premises at the end of the then-current Term, together with a written waiver of their right to renew the Term. If some, but not all, Tenants timely renew the Term and sign the Renewal Lease, the renewing Tenants shall be solely responsible for the rental and deposits due and owing under the Renewal Lease even if such obligation results in the renewing Tenants paying more during the renewal term than their fractional share of such costs unde r this Lease. (d) If Tenant refuses, or is deemed to have refused, to sign the Renewal Lease, or otherwise is deemed to have not r enewed the Term, Tenant acknowledges and agrees that: (A) Lessor may immediately offer the Premises to new prospective tenant(s) for a t erm to commence the day following the Expiration Date; (B) Lessor may enter into new lease agreements on terms acceptable to Lessor that may diff er from the terms offered in the Renewal Lease; (C) Lessor shall be authorized to enter the Premises for the conduct purposes of its businessshowing the Premises to prospective tenants and purchasers provided Lessor has given Tenant written notice no later than the evening before the day of such entry; or and (iiD) the Estimated Commencement Date specified in section C.4. of the Information Sheet. If for any reason Landlord does not or cannot deliver Te nant will vacate and surrender possession of all or any portion of the Premises to Lessor on the Expiration Date. If one or more, but not all, Tenants renews the Lease, Lessor shall have no obligation to market the Premises to new prospective tenants for the purpose of replacing any non -renewing Tenants. (e) This subsection shall apply only if Tenant by timely and properly renews the Estimated Commencement DateTerm. The Renewal Lease is an extensio n of, Landlord shall and amendment to, this Lease, and does not be subject to any liability thereforereplace this Lease. Notwithstanding the date of execution of the Renewal Lease, nor shall such failure affect the validity te rms of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, control until the date that Landlord delivers possession day following the Expiration Date of this Lease, and on the entire Premises to Tenant (which date shall then be deemed day following the Commencement Date). No such delay or adjustment in the Commencement Expiration Date shall alter the validity of this Lease or , the nature or term of the obligations of Tenant hereunder, nor Renewal Lease shall any such delay or adjustment cause the expiration date control. Any default of this Lease to shall also be later than July 12, 2014. If for any reason Landlord does not deliver possession of all or any portion a default of the Premises to Renewal Lease. In the event of a termination of this Lease, whether as a result of a default by Tenant for a period exceeding thirty (30) days from or otherwise, the Estimated Commencement Date, Tenant Renewal Lease shall be entitled to terminate this Lease with respect to that portion terminated of the Premises not delivered, even date and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entiretyno force or effect.

Commencement Date. Commencement Date shall be Unless in whole or in part caused by Tenant ----------------- Delays (defined to mean the earliest to occur of the following: (i) the date Tenant commences occupancy under this Lease of any portion of the Premises for the conduct of its business; or (ii) the Estimated Commencement Date specified in section C.4. of the Information Sheet. If for any reason Landlord does not or cannot deliver possession of all or any portion of the Premises to Tenant by the Estimated Commencement Date, Landlord shall not be subject to any liability therefore, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter the validity of this Lease or the nature or term of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease to be later than July 12, 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wallLetter), if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails is unable to deliver the Premises on the Commencement Date because any of the Improvements (defined in its entirety within ninety the Work Letter) are not substantially completed, a certificate of occupancy (90temporary or permanent) has not been obtained, or due to holding over by any present tenant, neither Landlord nor Landlord's Agents will be liable for direct or consequential damages, but: (a) the Commencement Date will be the date the Premises are available for occupancy as defined in Exhibit "C", attached hereto, ----------- and (b) Rent will ▇▇▇▇▇ for the period by which Tenant's occupancy is delayed. The Termination Date will not be adjusted for the delay. Within ten (10) days after the Estimated Commencement Dateof Tenant's receipt thereof, Tenant shall be entitled must execute and return to terminate Landlord a statement specifying the Commencement Date and the Termination Date in the form of Exhibit ------- "D" hereto attached. Notwithstanding the foregoing, if the Commencement Date is --- later than January 1, 2002 other than by reason of an event of force majeure or by reason of a Tenant Delay or an Excused Delay as described in Exhibit "C", ----------- Landlord will pay to Tenant, in satisfaction of any damages which Tenant may suffer due to such delay, the amount of holdover rent that Tenant must and does pay under its prior lease for 55,486 square feet, dated December 19, 1994 (and as amended), with Tenant's prior landlord, EOP-North Central Plaza III, Limited Partnership, due to such delay, but only to the extent that such amount exceeds the Base Rent which Tenant would pay under this Lease in its entiretyhad there been no delay but excluding any consideration of free rental periods (the "Delay Damages").

Commencement Date. (a) Notwithstanding the February 1, 1997 date specified in Section 1.1(i), above, the "Commencement Date" of this Lease shall be the date upon which Landlord delivers the Completion Notice to Tenant (as set forth in paragraph 10 of Exhibit C hereto). Notwithstanding anything to the contrary herein, (i) in the event the Commencement Date has not occurred on or before February 15, 1997 (other than as a result of any "Tenant Delay", as such term is defined in Exhibit C hereto), the parties mutually agree that the Term of this Lease shall expire on February 15, 2003, regardless of when the Commencement Date occurs (in other words, the Term of the Lease shall be shorter than seventy-two (72) full months if the Commencement Date occurs after February 15, 1997 other than as a result of any Tenant Delay), (ii) in the event the date upon which Landlord delivers the Completion Notice to Tenant is delayed more than fifteen (15) days due to any Tenant Delay, then the Commencement Date of this Lease shall be February 15, 1997 irrespective of whether construction of Landlord's Work has been completed by February 15, 1997. The foregoing notwithstanding, if a combination of Tenant Delay and delay occurring other than as a result of Tenant Delay causes the date upon which construction of Landlord's Work is completed to extend past February 15, 1997, then the Commencement Date shall be defined adjusted to mean be that date upon which Landlord's Work would have been completed but for such Tenant Delay (but only to the earliest to occur extent such Tenant Delay exceeded fifteen (15) days), and the Lease Term shall expire on the earlier of (1) that date which is seventy-two (72) full months after the Commencement Date or (2) that date which is calculated by measuring seventy-two (72) full months after the date Landlord's Work would have been completed but for such Tenant Delay (but not later than February 15, 1997), plus the total number of days of Tenant Delay which occurred. For purposes of illustrating the foregoing provision only, and not by way of limitation, (A) if there were twenty (20) days of Tenant Delay and completion of Landlord's Work and delivery of the following:Completion Notice was achieved on February 28, 1997, then the Lease Commencement Date shall be deemed to be February 23, 1997, and the expiration of the Lease Term shall be February 22, 2003, (B) if there were ten (10) days of Tenant Delay and completion of Landlord's Work and delivery of the Completion Notice was achieved on February 28, 1997, then the Lease Commencement Date shall be February 28, 1997, and the expiration of the Lease Term shall occur on February 24, 2003, (C) if there were ten (10) days of Tenant Delay and completion of Landlord's Work and delivery of the Completion Notice was achieved on February 20, 1997, then the Lease Commencement Date shall be February 20, 1997, and the expiration of the Lease Term shall occur on February 19, 2003, and (D) if there was no Tenant Delay and completion of Landlord's Work and delivery of the Completion Notice was achieved on February 28, 1997, then the Lease Commencement Date shall be February 28, 1997, and the expiration of the Lease Term shall occur on February 15, 2003. (ib) the date Tenant commences Any entry and/or occupancy under this Lease of any portion of the Premises for the conduct of by Tenant, its business; or (ii) the Estimated Commencement Date specified in section C.4. of the Information Sheet. If for any reason Landlord does not agents, employees or cannot deliver possession of all or any portion of the Premises contractors prior to Tenant by the Estimated Commencement Date, Landlord shall not be subject to any liability therefore, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter be at Tenant's sole risk, and deemed pursuant to, and subject to, all of the validity terms and provisions of this Lease Lease; provided, however, in no event shall Tenant, its agents, employees or the nature or term of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease to be later than July 12, 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant shall contractors be entitled to terminate this Lease with respect to that portion of enter the Premises not deliveredor take occupancy thereof prior to the date it receives Landlord's notice that the same are Ready for Occupancy except for the "Early Work", and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entiretyExhibit C hereto.

Commencement Date. The “Commencement Date Date” shall be defined the date Landlord delivers possession of the Premises to mean Tenant in the earliest condition required hereunder. No Base Rent (as hereinafter defined) or other rent or charges of any kind or nature, other than those charges described in Sections 6.1(b) and (c) shall be payable by Tenant with respect to the Premises until the Rent Commencement Date. The “Rent Commencement Date” shall be the earlier to occur of the following: (i) Tenant’s Substantial Completion of the Tenant Improvements or (ii) six (6) months after the Commencement Date; provided, however, such six (6) month period shall be extended by one (1) day for each day Tenant’s Substantial Completion of the Tenant Improvements is actually delayed beyond such six (6) month period due to force majeure. As used herein, “Substantial Completion” shall mean the date that the Tenant commences Improvements are complete, subject only to minor punch-list items that do not interfere with Tenant’s use or occupancy under this Lease of any portion the Premises, and Tenant has received all governmental permits and approvals required for the legal occupancy of the Premises for the conduct of its business; or (ii) the Estimated Commencement Date specified in section C.4. of the Information Sheet. If for any reason Landlord does not or cannot deliver possession of all or any portion of the Premises to Tenant by the Estimated Commencement Date, Landlord shall not be subject to any liability therefore, nor shall such failure affect the validity of this Lease or the obligations of Tenant use permitted hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession including a permanent certificate of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter the validity of this Lease or the nature or term of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease to be later than July 12, 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entiretyoccupancy. If Landlord fails to deliver possession of the Premises in its entirety the required condition within ninety fifteen (9015) days after execution of this Lease or Tenant fails to Substantially Complete the Estimated Commencement DateTenant Improvements within six (6) months after Tenant’s execution of this Lease or Tenant is unable to complete the Tenant Improvements at a cost of less than One Million Dollars ($1,000,000), then Tenant shall be entitled to may terminate this Lease in its entiretyby written notice to Landlord.

Commencement Date. Commencement Date The term of this Lease shall be defined to mean for TWELVE (12) MONTHS unless sooner terminated as hereinafter provided, commencing on the earliest to occur of date which is the followingearlier of: (ia) the date Tenant commences occupancy under this Lease of any portion of on which the Premises for the conduct of its businessare Substantially Complete (as hereinafter defined); or (iib) the Estimated Commencement Date specified date that Tenant opens for business in section C.4. the Premises; (or, at Landlord's election, upon the first day of the Information Sheetfirst full month following the earlier to occur of (a) or (b) above). If for any reason The Premises shall be deemed to be "Substantially Complete" on the earliest of the date on which: (1) Landlord does not files or cannot deliver possession causes to be filed with the City of Pleasanton (the "City"), if required, and delivers to Tenant an architect's notice of substantial completion, or similar written notice that the Premises are substantially complete, (2) Tenant first occupies all or any portion of the Premises Premises, or (3) a certificate of occupancy (or a reasonably substantial equivalent such as a signoff from a building inspector or a temporary certificate of occupancy) is issued for the Premises. 1.1.1 The date that the Lease commences in accordance with this Article 1 shall be referred to Tenant by herein as the Estimated "Commencement Date". If either of the events described in Paragraph 1.1(a) or (b) occurs on the first day of a month, that date shall be the Commencement Date of this Lease. 1.1.2 On and after the Commencement Date, Landlord the Lease shall not be subject to any liability thereforecontinue in full force and effect for the period of time specified as the Term or until this Lease is terminated as otherwise provided herein. As soon as the Commencement Date is determined, nor Tenant shall such failure affect execute a Commencement Date Memorandum in the validity form attached hereto as Exhibit F acknowledging, among other things, the (a) Commencement Date, (b) scheduled termination date of this Lease or and (c) Tenant's acceptance of the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from Premises. The Tenant's failure to execute the Estimated Commencement Date, but in such case, Tenant Date Memorandum shall not be obligated affect Tenant's liability hereunder. 1.1.3 Reference in this Lease to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date a "Lease Year" shall then be deemed mean each successive twelve month period commencing with the Commencement Date). No such delay or adjustment in . 1.1.4 Landlord and Tenant estimate that the Commencement Date shall alter the validity of this Lease or the nature or term of the obligations of Tenant hereunderbe September 15, nor 2006, but such estimate is not and shall any such delay or adjustment cause the expiration date of this Lease not be deemed to be later than July 12, 2014. If for any reason a representation or warranty by Landlord does not deliver possession of all or any portion of the that Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, ready for Tenant's occupancy on such portion of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entiretydate.

Commencement Date. (a) Subject to the satisfaction of the conditions set forth in Sections 2.1 and 2.2, the “Commencement Date” shall be a Business Day specified by ▇▇▇▇ in a written notice to the Company given at least one (1) Business Day prior to such Commencement Date, which shall occur on or after the Effective Date and on or prior to June 1, 2012 or such later date as the Parties shall agree (the “Latest Commencement Date”). (b) If the Commencement Date has not occurred on or before the Latest Commencement Date, this Agreement shall be defined to mean terminate on the earliest first Business Day following the Latest Commencement Date. In such case, all obligations of the Parties hereunder shall terminate, except for the obligations set forth in Article 2, Article 20, Article 21 and Article 23 and any obligation under the last sentence of this Section 2.3(c); provided, however, that nothing herein shall relieve any Party from liability for the breach of any of its representations, warranties, covenants or agreements set forth in this Agreement. Without limiting the foregoing, if the failure of the Commencement Date to occur of on or before the following: Latest Commencement Date is due to (i) any breach by the date Tenant commences occupancy under this Lease of any portion of the Premises for the conduct Company of its business; or obligations hereunder, including its obligations under clause (c) below or (ii) the Estimated failure of any of the conditions contained in Section 2.1 to be satisfied on or before the Latest Commencement Date specified in section C.4. of the Information Sheet. If for any reason Landlord does not or cannot deliver possession of all or any portion of whatsoever, then the Premises to Tenant by the Estimated Commencement Date, Landlord Company shall not be subject to any liability therefore, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay reimburse ▇▇▇▇ for any Monthly Rent hereunderloss, until costs and damages incurred or realized by ▇▇▇▇ as a result of its maintaining, terminating or obtaining any Related ▇▇▇▇▇▇. (c) From and after the date that Landlord delivers possession Effective Date, the Company shall use commercially reasonable efforts to cause each of the entire Premises conditions referred to Tenant (which date in Section 2.1 to be satisfied on or prior to the Latest Commencement Date and ▇▇▇▇ shall then use commercially reasonable efforts to cause each of the conditions referred to in Section 2.2 to be deemed satisfied on or prior to the Latest Commencement Date). No such delay . (d) The Company covenants and agrees to take (or adjustment cause its Affiliates to take) all actions necessary to cause any Crude Oil Linefill or Product Linefill included in the Commencement Date shall alter the validity of this Lease or the nature or term Volumes to be transferred to ▇▇▇▇ on and effective as of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease to be later than July 12, 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety.

Commencement Date. The terms and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "Term") shall be for the duration set forth in Section 1.3 hereof and shall commence on the date set forth in Section 1.3.2 of this Lease (the "Commencement Date") and shall terminate on the date set forth in Section 1.3.3 of this Lease, unless sooner terminated pursuant to the terms of this Lease. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) month period during the Term. Notwithstanding the definition of the Commencement Date for the Premises set forth in Section 1.3.2, above, Tenant shall be defined have the right to mean the earliest to occur of the following: (i) the date Tenant commences occupancy under this Lease of commence business operations from any portion of the Premises for (such space, the conduct "Pre- Occupancy Space") during the "Pre-Occupancy Period," as that term is defined below, provided that (i) Tenant shall give Landlord at least ten (10) days prior notice of its business; or any such use of the Premises, and (ii) a certificate of occupancy or its equivalent permitting occupancy shall have been issued by the Estimated Commencement Date specified in section C.4appropriate governmental authorities for the Pre- Occupancy Space. If Tenant does commence business operations from any Pre- Occupancy Space prior to the occurrence of the Information Sheet. If for any reason Landlord does not or cannot deliver possession of all or any portion of the Premises to Tenant by the Estimated Lease Commencement Date, Landlord shall not be subject to any liability therefore, nor shall such failure affect all of the validity terms and conditions of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter the validity of this Lease or the nature or term of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease to be later than July 12, 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease with respect apply to that portion of the Premises not deliveredcontaining the Pre-Occupancy Space, except that Tenant shall have no obligation to pay Basic Rent or Tenant's Share of Expenses during the period commencing on the date Tenant commences business operations from the applicable Pre-Occupancy Space and its obligations under this continuing until the Lease shall cease with respect to, such portion Commencement Date (the "Pre-Occupancy Period"). Following Tenant's possession of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled confirm the Commencement Date upon Landlord's delivery to terminate this Lease Tenant of an instrument in its entiretythe form set forth on Exhibit B attached hereto. If Landlord fails to deliver the Premises in its entirety Tenant shall execute and return such instrument within ninety ten (9010) days after the Estimated Commencement Date, Tenant written request from Landlord. This Lease shall be entitled to terminate this Lease in its entiretya binding contractual agreement effective upon the date of execution hereof by both Landlord and Tenant, notwithstanding the later commencement of the Term. 4.

Commencement Date. Commencement Date The term of this Lease (the “Term”) shall be defined commence (i) with respect to mean the earliest 2007 Space, on the earlier to occur of the following: (ia) the date which is four (4) months after the Delivery Date or (b) the date on which Tenant commences occupancy under this Lease takes possession of or occupies any portion of the Premises 2007 Space for the conduct of its business; or business (the “2007 Space Commencement Date”), and (ii) with respect to the Estimated Commencement Date specified in section C.4. 2008 Space, on the earlier to occur of (a) August 1, 2008 or the Information Sheet. If for any reason Landlord does not date which is four (4) months after the Delivery Date, whichever comes later, or cannot deliver (b) the date on which Tenant takes possession of all or occupies any portion of the Premises 2008 Space for the conduct of its business (the “2008 Space Commencement Date”), subject to Tenant by Section 3.2 below, and shall end on the Estimated Termination Date, unless sooner permissibly terminated pursuant to the terms of this Lease. Promptly following each of the 2007 Space Commencement Date and the 2008 Space Commencement Date, Landlord and Tenant shall not be subject confirm the 2007 Space Commencement Date and the 2008 Space Commencement Date and the Termination Date by executing and delivering a Memorandum of Commencement Date in the form attached hereto as Exhibit “D”. If Tenant fails to any liability thereforeexecute and deliver such Memorandum of Commencement Date to Landlord within ten (10) days after Landlord’s request, nor shall such which failure affect continues for at least ten (10) days after a second written request from Landlord after the validity lapse of this Lease the first 10 day period, then the 2007 Space Commencement Date (or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated 2008 Space Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement as applicable) and Termination Date shall alter be the validity of this Lease or the nature or term of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease to be later than July 12, 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises dates designated by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entiretyLandlord.

Commencement Date. Commencement Date The Initial Term shall be defined to mean commence on the earliest ----------------- earlier of the following two dates to occur of the following: ("Commencement Date"): (i) November 1, 1994; or (ii) one (1) month after the date of substantial completion of the Tenant commences Improvements and issuance of a certificate of occupancy under this Lease of any portion of as to the Premises (during which one month period Tenant may occupy the Premises for the conduct conducting of its business; business upon otherwise complying with the insurance requirements of this Lease without incurring any obligation to pay Basic Rent or additional rent other than any utilities consumed by Tenant during such period). For purposes of this Lease, the Tenant Improvements (or any other construction work hereunder) shall be deemed to have been substantially completed as of the date on which Tenant's architect or engineer issues a certificate to Landlord and Tenant stating that the Tenant Improvements (or such other construction work) have been completed in accordance with the Final Tenant Plans (or such other applicable plans) or , if applicable, the date the Tenant Improvements (iior such other construction work) would have been substantially complete but for Tenant Delay. The outside calendar date provided for the Estimated Commencement Date specified in section C.4. of the Information Sheet. If Initial Term (or for the commencement of rental obligations with respect to any additional space pursuant to paragraphs 1(c) or 1(d) hereof), shall be extended for any reason Landlord does not or cannot deliver possession of all or any portion delays in the construction of the Premises to Tenant applicable tenant's alterations and improvements caused by any Landlord Delay (as defined in paragraph 46(c)). Upon determination of the Estimated actual Commencement Date, Landlord the parties shall sign a commencement date memorandum in the form attached hereto as Exhibit B, which shall become a part of --------- this Lease. However, Tenant's failure to execute the commencement date memorandum shall not be subject to any liability therefore, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the actual Commencement Date shall alter the validity of this Lease or the nature or term of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease to be later than July 12, 2014Lease. If for the Commencement Date occurs on the first day of a calendar month, then the Initial Term shall be five (5) years. If the Commencement Date occurs on any reason Landlord does not deliver possession day other than the first day of all or any portion a calendar month, then the Initial Term shall be the period from the Commencement Date to the first day of the Premises to Tenant for a period exceeding thirty first full calendar month thereafter, plus the following sixty (3060) days from the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entiretyfull calendar months.

Commencement Date. Commencement Date (a) The Term shall be defined to mean commence on the earliest to occur of the following: earlier of: (i) ten (10) days following the date Tenant commences occupancy under Lessor notifies Lessee of the Substantial Completion of its construction obligations described in Exhibit "C" to this Lease provided a Certificate of any portion of Occupancy has been issued; and (ii) when Lessee occupies the Leased Premises for the conduct purpose of its conducting business; or. The Term shall continue for the period of months specified in Section 1.4 of the Lease, plus the portion of a calendar month, if any, immediately following commencement. (iib) If despite Lessor's diligent efforts Lessor's work upon the Leased Premises improved in accordance with the provisions of Exhibit "C" are not substantially completed by a date which is 300 days following the date of the issuance of the building permit to the Lessor for construction of the Lessor's work specified in Exhibit "C" (the "Estimated Completion Date") , provided that said date shall be extended for period equal to the time construction has been delayed due to Permissible Delays, then, in such event, for each day of such further delay caused by Lessor, Lessee shall be credited with an amount equal to a sum derived by dividing the Minimum Monthly Rent at commencement of the Term by 30, which credit shall be applicable to Tenant's Minimum Monthly Rent obligation. However, for each day of delay beyond the Estimated Commencement Completion Date specified caused by Lessee Delay, Lessee shall pay additional rent to Lessor computed in section C.4the same manner which shall be payable with the first regular installment of Minimum Monthly Rent. of However, any such delay, whether caused by Lessee or Lessor, shall be subject to a 5 day period during which the Information Sheet. If for any reason Landlord does not or cannot deliver possession of all or any portion of the Premises to Tenant by the Estimated Commencement Date, Landlord culpable party shall not be subject responsible for the remedies herein above described. In no event, however, shall extensions resulting from Permissible Delay exceed 180 days. Each party shall notify the other of any delays caused by the other party within a reasonable time following the first party's knowledge of the delay. However, failure to any liability therefore, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant notify shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession constitute a waiver of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter the validity rights of this Lease or the nature or term either party hereunder arising as a result of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause delay. (c) If the expiration Term has not commenced within three (3) years from date of this Lease to be later than July 12execution hereof, 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant it shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entiretyautomatically terminated.

Commencement Date. The term of this Lease ("Lease Term") shall be ----------------- for twelve (12) years beginning on the earlier of (i) the first date on which Lessee occupies or conducts business at the Premises or (ii) the date on which a Certificate of Occupancy is issued affecting the Building and the Seaport Boulevard improvements, the baseball and soccer fields and the amenities/athletic facility have been substantially completed (the "Commencement Date") provided that, (A) for each day of delay by Lessee in failing to approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (B) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (14) days after delivery by the General Contractor as provided in Section 2.04(d), or (C) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (D) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be delayed provided that Lessor gives Lessee written notice of such Lessee Delay within five (5) business days after its occurrence (collectively "Lessee Delay"), the Commencement Date shall occur one (1) day in advance of the date of the Certificate of Occupancy for each such day of delay. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on April 8, 2001 rather than April 1, 2001, the Commencement Date shall be defined to mean the earliest to occur April 1, 2001 for all purposes, including payment of the following: (i) Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date Tenant commences occupancy under this Lease of any portion of the Premises for the conduct of its business; or (ii) the Estimated Commencement Date specified in section C.4. of the Information Sheet. If for any reason Landlord does not or cannot deliver possession of all or any portion of the Premises to Tenant by the Estimated Commencement Date, Landlord shall not be subject to any liability therefore, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in completes twelve years after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be issued for the Building is April 1, 2001, the Lease Term shall alter expire on March 31, 2013 and if that date is April 3, 2001, the validity Lease Term shall expire on April 2, 2013 ("Expiration Date"). The parties shall execute a "Memorandum of this Commencement of Lease or Term" when the nature or term Commencement Date becomes known, which shall include a certification of the obligations actual Rentable Area of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date Building determined by the methodology described in Section 2.01. and the actual monthly installments of this Lease Base Rent to be later than July 12paid pursuant to Section 4.01., 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant and shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth substantially in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety.form attached hereto as Exhibit "E."

Commencement Date. Commencement Date The term of this Lease (“Lease Term”) shall be defined to mean for five (5) years and six (6) months beginning on the earliest to occur earlier of the following: (i) the date Tenant commences occupancy under this Lease of any portion of the Premises are “Ready for the conduct of its business; or Occupancy”, or (ii) the Estimated Commencement Date specified in section C.4. of the Information Sheet. If for any reason Landlord does not date on which Lessee first occupies or cannot deliver possession of all or any portion of conducts business at the Premises to Tenant by (the Estimated “Commencement Date”) provided that, Landlord shall not for each day that any act or omission by Lessee causes the construction schedule for Tenant Improvements to be subject to any liability thereforedelayed (collectively “Lessee Delay”), nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter the validity of this Lease or the nature or term occur one (1) day in advance of the obligations date the Premises are Ready for Occupancy for each such day of Tenant hereunderdelay, nor provided that, in no event shall any such delay Lessee Delay be used to advance the Commencement Date to a date earlier than January 1, 2007. For example, if seven (7) days of Lessee Delay causes the date the Premises are Ready for Occupancy to occur on January 8, 2007 rather than January 1, 2007, the Commencement Date shall be January 1, 2007 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or adjustment cause extended as provided herein, on the expiration date of this Lease which completes five (5) years and six (6) months after the Commencement Date occurs or is deemed to have occurred (“Expiration Date”), e.g. if the date on which the Premises are Ready for Occupancy is or is deemed to be later than January 1, 2007, the Lease Term shall expire on June 30, 2012 and if that date is January 3, 2007, the Lease Term shall expire on July 122, 20142012. If for any reason Landlord does not deliver possession The parties shall execute a “Memorandum of all or any portion Commencement of Lease Term” when the Commencement Date becomes known, which shall include a certification of the actual Rentable Area of the Premises determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Datebe paid pursuant to Section 4.01., Tenant and shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth substantially in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety.form attached hereto as Exhibit “E.”

Commencement Date. Commencement Date The term of this Lease ("Lease Term") shall be defined to mean for twelve years and six months (12 yrs. 6 months) beginning on the earliest to occur earlier of the following: (i) the date Tenant commences occupancy under this Lease a Certificate of any portion of Occupancy first is issued affecting the Premises for the conduct of its business; or Building, or (ii) the Estimated Commencement Date specified in section C.4. of the Information Sheet. If for any reason Landlord does not date on which Lessee first occupies or cannot deliver possession of all or any portion of conducts business at the Premises (the "Commencement Date") provided that, (i) for each day of delay by Lessee in failing to Tenant approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (ii) for each day of delay by Lessee in failing to approve the Budget, in writing, within ten (10) business days after delivery by the Estimated Commencement DateGeneral Contractor as provided in Section 2.04(d), Landlord shall not or (iii) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (iv) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be subject to any liability thereforedelayed (collectively "Lessee Delay"), nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter the validity of this Lease or the nature or term occur one (1) day in advance of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this the Certificate of Occupancy for each such day of delay, provided that, in no event shall Lessee Delay be used to advance the Commencement Date to a date earlier than April 1, 2001. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on April 8, 2001 rather than April 1, 2001, the Commencement Date shall be April 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve years and six months after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be later than July 12issued for the Building is April 1, 20142001, the Lease Term shall expire on September 30, 2013 and if that date is April 3, 2001, the Lease Term shall expire on October 2, 2013 ("Expiration Date"). If for any reason Landlord does not deliver possession The parties shall execute a "Memorandum of all or any portion Commencement of Lease Term" when the Commencement Date becomes known, which shall include a certification of the Premises actual Rentable Area of the Building determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Datebe paid pursuant to Section 4.01., Tenant and shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth substantially in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety.form attached hereto as Exhibit "E."

Commencement Date. The Commencement Date shall be defined to mean the earliest to occur date provided in Item 5 of the following: (i) the date Tenant commences occupancy under Basic Lease Provisions. If this Lease of is executed before the Premises become vacant or otherwise available or if any portion present tenant or occupant of the Premises for the conduct of its business; or (ii) the Estimated Commencement Date specified in section C.4. of the Information Sheet. If for any reason holds over, and Landlord does not or cannot deliver acquire possession of all or any portion of the Premises in time to Tenant deliver them by the Estimated Commencement Date, this Lease shall not be void or voidable, and Landlord shall not be subject deemed to any liability thereforebe in default hereunder, nor shall Landlord be liable for any loss or damage directly or indirectly arising out of or resulting from such failure affect the validity of this Lease or the obligations of Tenant hereunderholdover, provided that in the event that the actual date of commencement is more than sixty (60) days after the date provided in Item 5 of the Basic Lease Provisions (subject to force majeure delays and any delays caused by Tenant, its agents, employees or contractors), Tenant shall be entitled, as its sole and exclusive remedy, to a rent credit equal to one day's Base Rent for each day that the Commencement Date is delayed beyond such delay does not exceed sixty (60) day period. In the event that the actual date of commencement is more than one (1) year after the date that this Lease is fully executed (subject to force majeure delays and any delays caused by Tenant, its agents, employees or contractors), Tenant shall be entitled, as its sole and exclusive remedy, to terminate this Lease upon written notice to Landlord given within thirty (30) days from after the Estimated Commencement Date, expiration of such one (1) year period (but in such case, Tenant shall not be obligated any event prior to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises with Landlord's Work substantially complete). Except as set forth herein, Tenant agrees to Tenant (accept possession of the Premises at such time as Landlord is able to tender the same, which date shall then thenceforth be deemed the Commencement Date). No such delay or adjustment in After the Commencement Date shall alter the validity of this Lease or the nature or term of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease to be later than July 12, 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant shall be entitled shall, upon demand, execute and deliver to terminate this Lease with respect to that portion Landlord a letter of acceptance of delivery of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of specifying the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety1.4.

Commencement Date. Commencement Date The term of this Lease ("Lease Term") shall be defined to mean for twelve (12) years beginning on the earliest to occur earlier of the following: (i) the date Tenant commences occupancy under this Lease a Certificate of any portion of Occupancy first is issued affecting the Premises for the conduct of its business; or Building, or (ii) the Estimated Commencement Date specified in section C.4. of the Information Sheet. If for any reason Landlord does not date on which Lessee first occupies or cannot deliver possession of all or any portion of conducts business at the Premises (the "Commencement Date") provided that, (i) for each day of delay by Lessee in failing to Tenant approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (ii) for each day of delay by Lessee in failing to approve the Budget, in writing, within ten (10) business days after delivery by the Estimated Commencement DateGeneral Contractor as provided in Section 2.04(d), Landlord shall not or (iii) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (iv) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be subject to any liability thereforedelayed (collectively "Lessee Delay"), nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter the validity of this Lease or the nature or term occur one (1) day in advance of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this the Certificate of Occupancy for each such day of delay, provided that, in no event shall Lessee Delay be used to advance the Commencement Date to a date earlier than August 1, 2001. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on August 8, 2001 rather than August 1, 2001, the Commencement Date shall be August 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve (12) years after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be later than July 12issued for the Building is August 1, 20142001, the Lease Term shall expire on August 31, 2013 and if that date is September 3, 2001, the Lease Term shall expire on September 2, 2013 ("Expiration Date"). If for any reason Landlord does not deliver possession The parties shall execute a "Memorandum of all or any portion Commencement of Lease Term" when the Commencement Date becomes known, which shall include a certification of the Premises actual Rentable Area of the Building determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Datebe paid pursuant to Section 4.01., Tenant and shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth substantially in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety.form attached hereto as Exhibit "E."

Commencement Date. Notwithstanding any other provision of the Lease, the "Commencement Date Date" shall be defined to mean the earliest to occur date on which a, b, and c of the followingfollowing events shall have occurred, but in no event later than August 1, 2000: (ia) Landlord shall have substantially completed the date Tenant commences Improvement work in accordance with the provisions of the Lease, it being agreed that the Tenant Improvement work shall be substantially completed when Tenant's Architect certifies in writing to Landlord and Tenant that, in Tenant's Architect's good faith professional judgment, the Tenant Improvement work is completed except for minor punchlist-type items of a nature that such items can be promptly completed with only minor inconvenience to Tenant. (b) A temporary certificate of occupancy under this Lease of for the Premises (and all other governmental permits, approvals and certificates, if any, required by applicable law, excluding, however, any portion of business licenses necessary for Tenant to operate its business, which licenses Tenant shall be obligated to obtain) sufficient to permit Tenant to gain access to the Premises and to possess and lawfully use the Premises for the conduct of its businesspurpose described in the Lease, shall have been issued and shall be in full force and effect; orand (iic) the Estimated Commencement Date specified in section C.4. of the Information Sheet. If for any reason Landlord does not or cannot deliver shall have tendered possession of all or any portion of the Premises to Tenant by cleaned, free of debris and suitable for occupancy. (d) Tenant understands that for each and every day that the Estimated Commencement Date, Landlord shall not be subject to any liability therefore, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, provided that such delay Date does not exceed thirty occur as a result of a Tenant Delay (30) days from the Estimated Commencement Dateas defined in paragraph 10 above), but in such caseand/or Force Majeure delay, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter be moved forward by one (1) day with no penalty to Landlord; however, Tenant shall pay rent including operating expenses and taxes for each day by which the validity of this Lease or Commencement Date is delayed as measured from August 1, 2000 if caused by Tenant delay. (e) Landlord understands that for each and every day that the nature or term of the obligations of Tenant hereunderCommencement Date does not occur, nor shall any such delay or adjustment cause the expiration date of this Lease to be later than July 12, 2014. If for any reason whatsoever other than that as a result of either a Tenant Delay or a Force Majeure Delay (as defined below) (each such day of delay for any other reason other than a Tenant delay or a Force Majeure Delay being herein referred to as a "Landlord does Delay"), the Tenant shall receive rental abatement, including operating expenses and taxes for each multiplied by one (1) day by which the Commencement Date is delayed as measured from August 1, 2000. (f) Landlord agrees to promptly notify Tenant in writing of any act or omission which Landlord believes may result in a Tenant Delay or Force Majeure Delay. Tenant agrees to promptly notify Landlord in writing of any act or omission which Tenant believes may result in a Landlord Delay. The mere sending of any such notice shall not deliver possession conclusively determine the existence of all a Tenant Delay, Force Majeure Delay, or a Landlord Delay. (g) As used in the Lease, "Force Majeure Delay" shall mean a delay caused by any portion one or combination of the Premises to Tenant for a period exceeding thirty (30) days from following events of "Force Majeure": on-site accident, on-site casualty, act of God, on-site explosion, war, invasion, insurrection, riot, mob violence, sabotage, strikes, lockouts, labor disputes, condemnation, governmental restrictions first adopted and effective after the Estimated Commencement Date, Tenant shall be entitled to terminate this date the Lease with respect to that portion of has been signed and delivered or laws first adopted and effective after the Premises not date the Lease has been signed and delivered, shortages of materials and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entiretycontractor's delays.

Commencement Date. The Commencement Date listed in Section l(g) of this Lease represents an estimate of the Commencement Date. This Lease shall commence on the estimated Commencement Date if the Premises Improvements are substantially completed by fourteen (14) days prior to such date, but otherwise the Commencement Date shall be defined to mean the earliest first to occur of the following: following events (i) fourteen (14) days after the date on which Landlord notifies Tenant that the Premises Improvements are substantially completed in accordance with Exhibit D, (ii) the date on which Tenant commences beneficial occupancy under this Lease of any portion of the Premises other than for move in purposes, or (iii) if substantial completion of the conduct of Premises Improvements is delayed due to Tenant's failure to perform its business; or obligations under this Lease, then the date determined by Landlord as fourteen (ii14) days after the Estimated date upon which the Premises Improvements would have been substantially completed, but for Tenant's failure to perform. If this Commencement Date specified in section C.4. is later than the Section 1 Commencement Date, this Lease shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom, provided only that if substantial completion of manufacturing space on the Information Sheet. If first floor (the "Manufacturing Space") has not occurred by December 31, 1994 for any reason Landlord does other than force majeure or delay caused by Tenant, or if the Premises Improvements are not or cannot deliver possession of all or any portion substantially complete by the seven month anniversary of the Premises to Tenant Commencement Date for any reason other than force majeure or delay caused by the Estimated Commencement Date, Landlord shall not be subject to any liability therefore, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date Tenant caused delay shall include delay caused by Tenant's failure to timely respond to plan proposals), then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter the validity of this Lease or the nature or term of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease to be later than July 12, 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant shall be entitled to terminate cancel this Lease with respect on thirty (30)days written notice to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent given within ten (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (9010) days after ▇▇▇▇▇▇▇▇'s failure to meet an applicable deadline, and neither party shall have any further obligation to the Estimated other. Landlord shall confirm the Commencement Date by written notice to Tenant. This Lease shall be for a term ("Lease Term") beginning on the Commencement Date and ending on the Expiration Date, Tenant shall be entitled to terminate unless extended or sooner terminated in accordance with the terms of this Lease in its entiretyLease.

Commencement Date. Commencement Date The term of this Lease shall be defined to mean for six (6) years and three (3) months (the earliest to occur "Term") and shall commence (the "Commencement Date") on the later of the following: (i) the date Tenant commences occupancy under eight (8) weeks from full execution of this Lease of any portion of the Premises for the conduct of its business; or or (ii) the Estimated Commencement Date specified date Landlord shall have substantially completed the tenant improvements as provided in section C.4. of Exhibit B attached hereto (that is, has completed the Information Sheet. If tenant improvements, except for any reason Landlord does not or cannot deliver possession of normal "punch list" items) in a good and workmanlike manner, in compliance with all or any portion of laws, and has delivered the Premises to Tenant by in broom, clean condition, free of all tenants, occupants and their property, and shall have obtained reasonably satisfactory evidence confirming the Estimated Commencement Datesubstantial completion of construction in accordance with the plans which include the tenant improvements as provided in Exhibit B ("Landlord's Work"). In the event the Premises are not completed on or before June 30, Landlord shall not be subject to any liability therefore, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case2005, Tenant shall not be obligated to pay any Monthly Rent hereunder, until have the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter the validity of this Lease or the nature or term of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease to be later than July 12, 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant shall be entitled right to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease Lease; provided, however, that (i) such date shall cease with respect tobe extended for a period equal to the duration of any delays in construction caused by strikes, such portion shortages or materials, acts of God or other matters not reasonably within the control of Landlord, and any delays in completing the Premises as a result of change orders or other delays caused by Tenant. Landlord shall be deemed to have satisfactorily completed the construction of by Tenant. Landlord shall be deemed to have satisfactorily completed the construction of the Premises. Except as set forth in the Work Letter tenant improvements, and Tenant shall be deemed to have waived all rights and remedies with respect to the hanging conference room walldeficiencies in such construction, if Landlord fails to deliver at least ninety percent (90%) except for deficiencies of the Premises by the Estimated Commencement Datewhich Tenant has informed Landlord, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within writing, not later than ninety (90) days after following the Estimated Commencement Date, Tenant . Landlord shall be entitled perform Landlord's Work at its sole cost and expense and shall use diligent efforts to terminate this Lease in its entiretycomplete such work on or before the date that is eight weeks from the full execution of the Lease.

Commencement Date. The Lease Commencement Date shall be defined to mean the earliest to occur begin in phases based upon completion of improvements for various portions of the followingPremises as follows: (ia) the date Tenant commences occupancy under this Lease of any portion of the Premises for the conduct of its business; or (ii) the Estimated Commencement Date specified in section C.4. of the Information Sheet. If for any reason Landlord does not or cannot deliver possession of all or any portion of the Premises to Tenant by the Estimated Commencement Date, Landlord shall not be subject to any liability therefore, nor shall such failure affect the validity The first phase of this Lease or ("Phase I") shall commence (the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated "Phase I Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until ") on the date that Landlord delivers possession of the entire Premises to Tenant Substantial Completion (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter the validity of this Lease or the nature or term of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease to be later than July 12, 2014. If for any reason Landlord does not deliver possession as defined below) of all or any portion of the Premises to Tenant Improvements (as defined below) for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease with respect to that portion of the Premises commonly known as 1064 ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ (the "Phase I Premises") and all Lessor Improvements (as defined below) to the interior and building systems of the Phase I Premises. The Phase I Premises is more particularly described on Exhibit A attached hereto and made a part hereof. If the Phase I Commencement date has not deliveredoccurred for any reason on or before September 30, and its obligations under 1999 (which date shall be extended by one (1) day for each day of any Lessee Delay), then Lessee may terminate this Lease by giving written notice to Lessor at any time until the Phase I Commencement Date has occurred, whereupon any monies previously paid (including, without limitation, any Excess Costs) or security deposits made by Lessee to Lessor, shall cease with respect topromptly be reimbursed to Lessee, such portion of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant but Lessor shall be entitled to terminate this Lease deduct from its reimbursement to Lessee the amount of all Tenant Improvements Costs that have been incurred by Lessor, or at Lessee's option, in its entiretylieu of such deduction, Lessee may make payment of such costs directly to Lessor. If Landlord fails to deliver the Premises in its entirety Lessor shall within ninety ten (9010) business days after its receipt of written request from Lessee, inform Lessee in writing of the Estimated amount of all Tenant Improvement Costs that have been incurred to date by Lessor and provide reasonable supporting backup documentation of such costs to Lessee. In addition to the foregoing termination right, if the Phase I Commencement Datedate has not occurred on or before September 30, Tenant 1999 (which date shall be entitled to terminate this Lease in its entirety.extended by one (1) day for each day of any Lessee

Commencement Date. Commencement Date shall The "TARGET COMMENCEMENT DATE" is June 1, 2000. The "COMMENCEMENT DATE" of this Lease will be defined to mean the earliest to occur of the following: date on which: (i) the date Landlord certifies to Tenant commences occupancy under this Lease of any portion of that the Premises for the conduct of its businessBase Building is substantially complete; or and (ii) Landlord certifies to Tenant that the Estimated "Tenant Improvements" (as hereinafter defined) are substantially complete; and (iii) the City has issued a certificate of occupancy for the Premises; provided that if the Commencement Date specified in section C.4. is delayed by reason of the Information Sheet. If for any reason Landlord does not or cannot deliver possession of all or any portion of the Premises to Tenant delays caused by the Estimated Tenant (a "TENANT DELAY"), including, but not limited to, the failure of Tenant to timely deliver construction drawings to Landlord for the Tenant Improvements, then the Commencement Date will be deemed to occur on the Target Commencement Date, Landlord shall not . The Term will commence on the Commencement Date. The "RENT COMMENCEMENT DATE" will be subject to any liability therefore, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed date which is thirty (30) days from after the Estimated Commencement Date. Tenant's obligation to pay Minimum Annual Rent and Annual Real Estate Taxes and Operating Expenses will commence on the Rent Commencement Date. Upon request, the Tenant will execute a memorandum confirming the Commencement Date in the form of attached EXHIBIT "B". 24 If the Commencement Date has not occurred by June 1, 2000, as that date is adjusted by reason of "Excused Delay" as defined below, then Landlord shall provide a credit against Minimum Annual Rent first coming due hereunder in an amount equal to $44,271.00 (being one month's Base Rent and Additional Rent payable by Tenant to its current landlord). If the Commencement Date has not occurred by July 1, 2000, as that date is adjusted by reason of Excused Delay, then Landlord shall provide a credit against Minimum Annual Rent first coming due hereunder in an amount equal to an additional $44,271.00. If the Commencement Date has not occurred by August 1, 2000, as that date is adjusted by reason of Excused Delay, then Landlord shall provide a credit against Minimum Annual Rent first coming due hereunder in an amount equal to an additional $44,271.00, for a maximum rent credit by reason of the foregoing three sentences of $132,813.00. Tenant shall use its best efforts to negotiate a per day holdover at the current Rent. The Landlord will pay the actual amount paid by Tenant to its current landlord, not to exceed the maximum rent credit described above. The rent credit described in this paragraph has been agreed upon as liquidated damages by reason of Landlord's failure to deliver the Premises by the Target Commencement Date, but in such caseand Landlord will have no obligation to pay other damages, direct, indirect, special or consequential by reason of this Lease. If the Commencement Date has not occurred by September 1, 2000, as that date is extended for Excused Delay, then either party may terminate this Lease by giving written notice of termination to the other, provided, however, that Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter the validity of this Lease or the nature or term of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease to be later than July 12, 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for have a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant shall be entitled right to terminate this Lease with respect to the extent the delay in achieving the Commencement Date is due to a Tenant Delay. If the Commencement Date has not occurred by October 1, 2000, as that portion of date is extended for Tenant Delay (but not for other Excused Delays) (the Premises not delivered"Completion Deadline"), and its obligations under then either party may terminate this Lease shall cease with respect to, such portion by giving written notice of the Premises. Except as set forth in the Work Letter with respect termination to the hanging conference room wallother, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Dateprovided, however, that Tenant shall be entitled not have a right to terminate this Lease to the extent the delay in its entiretyachieving the Commencement Date is due to a Tenant Delay. If Landlord fails In the event that a casualty occurs prior to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, and if, because of the casualty Landlord, in Landlord's reasonable judgement, will not be able to cause the Premises to be substantially completed and the Commencement Date to occur on or before the Completion Deadline, then Landlord shall so notice Tenant and either Landlord or Tenant shall be entitled have the right to terminate this Lease in its entiretyby giving written notice to the other within 10 days following Landlord's notice; if neither party so elects to so terminate this Lease, then Landlord will proceed with the construction and the Completion Deadline shall be extended by the delay resulting from the casualty.

Commencement Date. (a) “Commencement Date shall be defined to mean Date” means the earliest later of (i) the first to occur of the following: Tranche A Commencement Date and the Tranche B Commencement Date and (iii) January 1, 2006. “Tranche A Commencement Date” means the earlier of (A) the date on which Landlord’s Work in respect of the Tranche A Space has been Substantially Completed in accordance with Exhibit E annexed hereto and (B) the date Tenant commences first takes occupancy under this Lease of any material portion of the Premises Tranche A Space for the conduct of its business; or . “Tranche B Commencement Date” means the earlier of (iiA) the Estimated Commencement Date specified date on which Landlord’s Work in section C.4. respect of the Information Sheet. If for Tranche B Space has been Substantially Completed in accordance with Exhibit E annexed hereto and (B) the date Tenant first takes occupancy of any reason Landlord does not or cannot deliver possession of all or any material portion of the Premises to Tenant by Tranche B Space for the Estimated conduct of business. After the occurrence of each of the Tranche A Commencement Date and Tranche B Commencement Date, upon request of either party, Landlord and Tenant shall not be subject to any liability thereforepromptly confirm by a separate instrument such date, nor shall such failure affect the validity of this Lease Tranche A Rent Commencement Date or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Tranche B Rent Commencement Date, but as applicable, and the Expiration Date; provided, that the failure to execute and deliver such instrument shall not affect the determination of such dates in accordance with this Article 1. Pending the resolution of any dispute as to any of such casedates, Tenant shall not be obligated pay Rent based upon Landlord’s determination. Any dispute as to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter the validity of this Lease or the nature or term of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease to be later than July 12, 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant dates shall be entitled to terminate this Lease determined by arbitration in accordance with respect to that portion the provisions of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entiretySection 8.09.

Commencement Date. Commencement Date The term of this Lease shall be defined to mean for FORTY-ONE (41) MONTHS unless sooner terminated as hereinafter provided, commencing on the earliest to occur of date which is the followingearlier of: (ia) the date Tenant commences occupancy under this Lease of any portion of on which the Premises for the conduct of its businessare Substantially Complete (as hereinafter defined); or (iib) the Estimated Commencement Date specified date that Tenant opens for business in section C.4. the Premises; (or, at Landlord's election, upon the first day of the Information Sheetfirst full month following the earlier to occur of (a) or (b) above). If for any reason The Premises shall be deemed to be "Substantially Complete" on the earliest of the date on which: (1) Landlord does not files or cannot deliver possession causes to be filed with the City of Pleasanton (the "City"), if required, and delivers to Tenant an architect's notice of substantial completion, or similar written notice that the Premises are substantially complete (and the Tenant Improvements have been substantially completed), (2) Tenant first occupies all or any portion of the Premises Premises, or (3) a certificate of occupancy (or a reasonably substantial equivalent such as a signoff from a building inspector or a temporary certificate of occupancy) is issued for the Premises. 1.1.1 The date that the Lease commences in accordance with this Article 1 shall be referred to Tenant by herein as the Estimated "Commencement Date". If either of the events described in Paragraph 1.1 (a) or (b) occurs on the first day of a month, that date shall be the Commencement Date of this Lease. 1.1.2 On and after the Commencement Date, Landlord the Lease shall not be subject to any liability therefore, nor shall such failure affect continue in full force and effect for the validity period of time specified as the Term or until this Lease or is terminated as otherwise provided herein. As soon as the obligations of Commencement Date is determined, Tenant hereundershall execute a Commencement Date Memorandum in the form attached hereto as Exhibit F acknowledging, provided that such delay does not exceed thirty among other things, the (30a) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter the validity of this Lease or the nature or term of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration b) scheduled termination date of this Lease to be later than July 12, 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty and (30c) days from the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion Tenant's acceptance of the Premises. Except as set forth The Tenant's failure to execute the Commencement Date Memorandum shall not affect Tenant's liability hereunder. 1.1.3 Reference in this Lease to a "Lease Year" shall mean each successive twelve month period commencing with the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety.

Commencement Date. Commencement Date shall be defined to mean the earliest to occur of the following: (i) the date Tenant commences occupancy under this Lease of any portion of the Premises for the conduct of its business; or (ii) the Estimated Commencement Date specified in section C.4. of the Information Sheet. If for any reason Landlord does not or cannot deliver possession of all or any portion of the Premises to Tenant by the Estimated Commencement Date, Landlord shall not be subject to any liability therefore, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter the validity of this Lease or the nature or term of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease to be later than July 12, 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety.. -5-

Commencement Date. Commencement Date The term of this Lease ("Lease Term") shall be defined to mean for ----------------- eleven (11) years beginning on the earliest to occur earlier of the following: (i) the date Tenant commences a Certificate of Occupancy (which means for purposes of this Lease, either a Certificate of Occupancy or its equivalent which allows legal occupancy under this Lease and including, without limitation, a Notice of any portion of Substantial Completion) first is issued affecting the Premises for the conduct of its business; or Building, or (ii) the Estimated Commencement Date specified in section C.4. of the Information Sheet. If for any reason Landlord does not date on which Lessee first occupies or cannot deliver possession of all or any portion of conducts business at the Premises and the Seaport Boulevard improvements, the baseball and soccer fields have been substantially completed (the "Commencement Date") provided that, (i) for each day of delay by Lessee in failing to Tenant approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (ii) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (14) days after delivery by the Estimated Commencement DateGeneral Contractor as provided in Section 2.04(d), Landlord shall not or (iii) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (iv) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be subject to any liability therefore, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, delayed provided that Lessor gives Lessee written notice of such delay does not exceed thirty Lessee Delay within five (305) business days from the Estimated Commencement Dateafter its occurrence (collectively "Lessee Delay"), but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter the validity of this Lease or the nature or term occur one (1) day in advance of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this the Certificate of Occupancy for each such day of delay. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on August 8, 2001 rather than August 1, 2001, the Commencement Date shall be August 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes eleven (11) years after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be later than issued for the Building is August 1, 2001, the Lease Term shall expire on July 1231, 20142012 and if that date is August 3, 2001, the Lease Term shall expire on August 2, 2012 ("Expiration Date"). If for any reason Landlord does not deliver possession The parties shall execute a "Memorandum of all or any portion Commencement of Lease Term" when the Commencement Date becomes known, which shall include a certification by Lessor's architect of the Premises actual Rentable Area of the Building determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Datebe paid pursuant to Section 4.01., Tenant and shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth substantially in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety.form attached hereto as Exhibit "E."

Commencement Date. Commencement Date The term of this Lease ("Lease Term") shall be defined to mean for twelve (12) years beginning on the earliest to occur earlier of the following: (i) the date Tenant commences occupancy under this Lease a Certificate of any portion of Occupancy first is issued affecting the Premises for the conduct of its business; or Building, or (ii) the Estimated Commencement Date specified in section C.4. of the Information Sheet. If for any reason Landlord does not date on which Lessee first occupies or cannot deliver possession of all or any portion of conducts business at the Premises (the "Commencement Date") provided that, (i) for each day of delay by Lessee in failing to Tenant approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (ii) for each day of delay by Lessee in failing to approve the Budget, in writing, within ten (10) business days after delivery by the Estimated Commencement DateGeneral Contractor as provided in Section 2.04(d), Landlord shall not or (iii) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (iv) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be subject to any liability thereforedelayed (collectively "Lessee Delay"), nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter the validity of this Lease or the nature or term occur one (1) day in advance of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this the Certificate of Occupancy for each such day of delay, provided that, in no event shall Lessee Delay be used to advance the Commencement Date to a date earlier than September 1, 2001. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on September 8, 2001 rather than September 1, 2001, the Commencement Date shall be September 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes twelve years and six months after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be later than July 12issued for the Building is September 1, 20142001, the Lease Term shall expire on August 31, 2013 and if that date is September 3, 2001, the Lease Term shall expire on September 2, 2013 ("Expiration Date"). If for any reason Landlord does not deliver possession The parties shall execute a "Memorandum of all or any portion Commencement of Lease Term" when the Commencement Date becomes known, which shall include a certification of the Premises actual Rentable Area of the Building determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Datebe paid pursuant to Section 4.01., Tenant and shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth substantially in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety.form attached hereto as Exhibit "E."

Commencement Date. The Commencement Date shall be defined the date on which Landlord delivers the Premises to mean Tenant with Landlord’s Work and Tenant’s Work Substantially Complete, as such terms are hereinafter defined. Landlord shall use diligent efforts to cause the earliest Commencement Date to occur prior to the Delivery Date; provided, however, that the Commencement Date shall be no earlier than July 1, 2023. If the Commencement Date has not occurred by the Delivery Date for reasons other than Force Majeure or Tenant Delay (as such terms are hereinafter defined), then for each of the following: first thirty (i30) days of any such failure Tenant shall be entitled to a one (1) day delay in the date Rent Commencement Date and for each subsequent day of any such failure Tenant commences occupancy under shall be entitled to a two (2) day delay of the Rent Commencement Date; and if Landlord shall fail to deliver the Premises to Tenant by February 28, 2024 (i.e., 180 days after the Delivery Date) for reasons other than Force Majeure or Tenant Delay then, in addition to the delays in the Rent Commencement Date described above, Tenant shall have the right to terminate this Lease by giving notice to Landlord not later than sixty (60) days after the expiration of any portion such one hundred eighty (180) day period; and this Lease shall cease and come to an end without further liability or obligation on the part of either party ten (10) days after the giving of such notice, it being agreed that time is of the Premises for essence with respect to the conduct giving of its business; or (ii) the Estimated Commencement Date specified in section C.4such notice. of the Information Sheet. If for any reason In addition, if Landlord does not or cannot shall fail to deliver possession of all or any portion of the Premises to Tenant by the Estimated Commencement DateDelivery Date with Landlord’s Work and Tenant’s Work Substantially Complete (“Landlord’s Late Delivery”) for reasons other than Force Majeure or Tenant Delay, Landlord shall not be subject (a) reimburse Tenant for all amounts paid by Tenant as holdover rent over and above the sum of base or fixed rent plus additional rent that was due immediately prior to any liability thereforesuch holdover over (“Hold Over Rent”) under T▇▇▇▇▇’s existing lease (the “Existing Lease”) at 8▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, nor ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇; such payments shall such failure affect the validity of this Lease or the obligations of be made to Tenant hereunder, provided that such delay does not exceed within thirty (30) days following request for reimbursement therefore, given together with reasonable supporting documentation, and (b) Landlord shall indemnify, defend, protect, and hold harmless Tenant and the Tenant Parties from and against any and all loss, cost, damage, expense and liability (including, without limitation, court costs and reasonable attorneys’ fees) incurred in connection with or arising from such holdover under the Estimated Commencement DateExisting Lease and save and hold other tenants, agents, employees, patients, visitors, invitees or licensees harmless against any damages, liability, claims, causes of action or judgments arising therefrom; provided, however, that L▇▇▇▇▇▇▇’s reimbursement obligations under this clause (b) shall not exceed $1,800,000.00. Landlord hereby acknowledges that the Hold Over Rent due under the Existing Lease is due on a monthly basis and, accordingly, if there is a Landlord’s Late Delivery of the Premises the Hold Over Rent will not be prorated for a partial month, but shall be due for one or more months in their entirety. Upon receipt of notice from Landlord notifying Tenant of Landlord’s Late Delivery, Tenant shall use reasonable efforts, at Landlord’s sole cost and expense, to mitigate its damages under its Existing Lease including, without limitation, using commercially reasonable efforts to extend the term of the Existing Lease in order to avoid being liable for Hold Over Rent and/or requesting that the Hold Over Rent due under the Existing Lease be prorated on a daily basis, and Landlord shall pay (i) the out-of-pocket cost of such caseefforts made by Tenant and (ii) all payments, rent and additional rent for and during such extension term of the Existing Lease as set forth in this Section 3.1. Tenant hereby represents that current termination date of the Existing Lease is December 31, 2023 and, unless the Commencement Date occurs on or before December 31, 2023, Tenant shall not be obligated agree to pay any Monthly Rent hereunder, until the date that Landlord delivers possession an earlier expiration or termination of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter the validity of this Lease or the nature or term of the obligations Existing Lease. Tenant’s right to a postponement of Tenant hereunderthe Rent Commencement Date, nor reimbursement of its holdover penalties and Tenant’s termination right pursuant to this Section 3.1 shall any such delay be Tenant’s sole and exclusive remedy at law or adjustment cause the expiration date of this Lease in equity for Landlord’s failure to be later than July 12, 2014. If for any reason Landlord does not Substantially Complete Landlord’s Work and Tenant’s Work and deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entiretyrequired herein.

Commencement Date. The Commencement Date shall be defined to mean the earliest to occur date provided in Item 5 of the following: (i) the date Tenant commences occupancy under Basic Lease Provisions. If this Lease of is executed before the Premises become vacant or otherwise available or if any portion present tenant or occupant of the Premises for the conduct of its business; or (ii) the Estimated Commencement Date specified in section C.4. of the Information Sheet. If for any reason holds over, and Landlord does not or cannot deliver acquire possession of all or any portion of the Premises in time to Tenant deliver them by the Estimated Commencement Date, this Lease shall not be void or voidable, and Landlord shall not be subject deemed to any liability thereforebe in default hereunder, nor shall Landlord be liable for any loss or damage directly or indirectly arising out of or resulting from such failure affect the validity of this Lease or the obligations of Tenant hereunderholdover, provided that in the event that the actual date of commencement is more than sixty (60) days after the date provided in Item 5 of the Basic Lease Provisions (subject to force majeure delays and any delays caused by Tenant, its agents, employees or contractors), Tenant shall be entitled, as its sole and exclusive remedy, to a rent credit equal to one day's Base Rent for each day that the Commencement Date is delayed beyond such delay does not exceed sixty (60) day period. In the event that the actual date of commencement is more than one (1) year after the date that this Lease is fully executed (subject to force majeure delays and any delays caused by Tenant, its agents, employees or contractors), Tenant shall be entitled, as its sole and exclusive remedy, to terminate this Lease upon written notice to Landlord given within thirty (30) days from after the Estimated Commencement Date, expiration of such one (1) year period (but in such case, Tenant shall not be obligated any event prior to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises with Landlord's Work substantially complete). Except as set forth herein, Tenant agrees to Tenant (accept possession of the Premises at such time as Landlord is able to tender the same, which date shall then thenceforth be deemed the Commencement Date). No such delay or adjustment in After the Commencement Date shall alter the validity of this Lease or the nature or term of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease to be later than July 12, 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant shall be entitled shall, upon demand, execute and deliver to terminate this Lease with respect to that portion Landlord a letter of acceptance of delivery of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion specifying the Commencement Date. 1.4. Condition of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated ; Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety.

Commencement Date. 1. The commencement date (“Commencement Date”) for this Lease is the date set forth in the Schedule; provided, however, that (a) if the Substantial Completion Date fails to occur on or before December 29, 2003 for any reason, (i) this Lease shall not be void or voidable by either party, (ii) Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and (iii) the Commencement Date shall be defined revised to mean the earliest to occur of the following: Substantial Completion Date; and (ib) the date if Tenant commences occupancy under this Lease of business operations in any portion of the Premises for prior to the conduct of its business; or (ii) Commencement Date, the Estimated Commencement Date specified shall be deemed to have occurred on the date Tenant commences business operations in section C.4the Premises. of Notwithstanding the Information Sheet. If for any reason foregoing, if Landlord does not is delayed in completing Landlord’s Work (as defined in the Tenant Improvement Agreement attached hereto as Exhibit C) or cannot deliver in delivering possession of all or any portion of the Premises to Tenant as a result of any Tenant Delay (as defined in Section 4 of Exhibit C), the Substantial Completion Date shall be deemed to have occurred on the date the Substantial Completion Date would have occurred in the absence of such Tenant Delay, as reasonably determined by Landlord or Landlord’s architect. Tenant shall be responsible for and shall pay any additional costs and expenses incurred by Landlord in connection with the Estimated Commencement Datecompletion of Landlord’s Work as a result of any Tenant Delay. Notwithstanding the foregoing, Landlord shall not be subject to any liability therefore, nor shall such failure affect if the validity of this Lease or the obligations of Tenant hereunder, provided that such delay Substantial Completion Date does not exceed thirty (30) days from the Estimated Commencement Dateoccur on or before May 31, but in such case2004, Tenant shall not be obligated have the right to pay any Monthly Rent hereunderterminate this Lease by delivery of written notice to Landlord no later than June 15, until 2004. 2. If the date Commencement Date is other than December 29, 2003, then Landlord shall prepare and deliver to Tenant a Commencement Date Confirmation substantially in the form attached hereto as Exhibit D that Landlord delivers possession sets forth both the Commencement Date and Termination Date for this Lease. Tenant shall execute the Commencement Date Confirmation and deliver the executed original of the entire Premises same to Landlord within three (3) business days after Tenant’s receipt thereof. Provided that Tenant has not objected in writing within such three (which date shall then be deemed 3) business day period to the Commencement Date). No such delay Date or adjustment Termination Date set forth in the Commencement Date shall alter Confirmation, Tenant’s failure to timely execute and return the validity of this Lease or the nature or term of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease Commencement Date Confirmation document to be later than July 12, 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease conclusive evidence of Tenant’s agreement with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except information as set forth in therein. 3. This Lease shall be a binding contractual obligation effective upon execution and delivery hereof by Landlord and Tenant, notwithstanding the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) later commencement of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entiretyTerm.

Commencement Date. Subject to the limitations hereafter set forth, the Commencement Date shall be defined to mean the earliest last to occur of the following: (i) that date which is 31 days after August 1, 1994 (such date as it may be extended pursuant to the terms of this Lease being the "Construction Completion Date"), or (ii) the day which is 30 days after the date on which the Premises are "ready for occupancy" as provided in Section 4.2. The Tenant commences occupancy under shall, upon demand of the Landlord, execute a certificate confirming the Commencement Date as it is determined in accordance with the provisions of this Section 4.1. Landlord shall allow Tenant to enter the Premises on the Substantial Completion Date (as determined by Landlord) for purposes of Tenant setting up its work stations and equipment and performing trial runs of its testing and manufacturing equipment. Notwithstanding that the Commencement Date shall not occur until a subsequent date, Tenant shall, from and after the date of such entry, be bound by the terms, covenants, provisions and agreements contained in the Lease (except the obligation to pay Basic Rent and Taxes) during such period prior to the Commencement Date (said period being the "Early Occupancy Period") including, without limitation the provisions of any portion of Article X and Article V. Tenant shall also be responsible for all costs for utilities used and consumed in the Premises during the Early Occupancy Period. Nothing contained herein shall be deemed or construed to mean that Tenant may occupy the Premises for the conduct of its business; or (ii) Permitted Use during the Estimated Commencement Date specified in section C.4Early Occupancy Period. of the Information Sheet. If for any reason Landlord does not or cannot deliver possession Any occupancy of all or any portion part of the Premises to by Tenant by for the Estimated Commencement Date, Landlord Permitted Uses (other than the limited purpose of setting up work stations and equipment and performing trial runs on testing and manufacturing equipment) shall not be subject to any liability therefore, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment result in the Commencement Date shall alter the validity of this Lease or the nature or term occurring regardless of the obligations condition or state of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date completion of this Lease to be later than July 12, 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Landlord's Work and Tenant shall be entitled permit Landlord to terminate this Lease with respect continue to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of perform Landlord's Work in the Premises. Except Tenant shall not interfere in any regard with Landlord's completion of Landlord's Work and hereby agrees to be bound by the direction of Landlord's contractor or the Construction Manager (as set forth hereafter defined) in the event of any conflicts between the Landlord's Work Letter with respect to and the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises work being performed by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entiretyTenant.

Commencement Date. The "Commencement Date" shall be December 1, 2015; provided, however, that if the Premises have not been substantially completed so as to allow Lessee to conduct its business therein on or before the date set forth above, Lessor shall not be liable to Lessee in any manner for such delay, but the Commencement Date shall be defined to mean not occur until the earliest to occur of the following: (i) the date Tenant commences occupancy under this Lease of any portion preparation of the Premises for has been substantially completed, except that the conduct of its business; or (ii) the Estimated Commencement Date specified shall not be delayed to the extent that the delay in section C.4. of the Information Sheet. If for any reason Landlord does not or cannot deliver possession of all or any portion substantial completion of the Premises was due to Tenant the fault or otherwise caused by the Estimated Commencement Dateacts, Landlord shall not be subject to any liability thereforeomissions, nor shall such failure affect the validity change orders or other requests of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date)▇▇▇▇▇▇. No such delay or adjustment Delays in the Commencement Date shall alter the validity of this Lease or the nature or term also result in an adjustment of the obligations "Expiration Date" (as hereinafter defined) and the schedule of Tenant hereunderBase Rent schedule shown in Section 3 below. The term "Lease Year", nor as used in this Lease, shall any such delay or adjustment cause mean the expiration date of this Lease to be later than July 12, 2014. If for any reason Landlord does not deliver possession of all or any portion of -month period commencing on the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant and each 12-month period thereafter during the Term; provided, however, that if the Commencement Date is a day other than the first day of a calendar month, the first Lease Year shall include the period between the Commencement Date and the end of the calendar month in which the Commencement Date occurs and shall extend through the end of the twelfth (12th) full calendar month following the Commencement Date. The Commencement Date and the Expiration Date shall be entitled to terminate this Lease with respect evidenced by a supplemental agreement similar to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth described in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entiretyExhibit “E”.

Commencement Date. Commencement Date The term of this Lease (“Lease Term”) shall be defined to mean for eleven (11) years beginning on the earliest to occur earlier of the following: (i) the date Tenant commences a Certificate of Occupancy (which means for purposes of this Lease, either a Certificate of Occupancy or its equivalent which allows legal occupancy under this Lease and including, without limitation, a Notice of any portion of Substantial Completion) first is issued affecting the Premises for the conduct of its business; or Building, or (ii) the Estimated Commencement Date specified in section C.4. of the Information Sheet. If for any reason Landlord does not date on which Lessee first occupies or cannot deliver possession of all or any portion of conducts business at the Premises and the Seaport Boulevard improvements, the baseball and soccer fields have been substantially completed (the “Commencement Date”) provided that, (i) for each day of delay by Lessee in failing to Tenant approve the interior schematic drawings or the Working Drawings when required under Section 2.04(d), or (ii) for each day of delay by Lessee in failing to approve the Budget, in writing, within fourteen (14) days after delivery by the Estimated Commencement DateGeneral Contractor as provided in Section 2.04(d), Landlord shall not or (iii) for each day of delay caused by any changes to the approved Working Drawings requested by Lessee, or (iv) for each day that any other act or omission by Lessee causes the construction schedule for Tenant Improvements to be subject to any liability therefore, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, delayed provided that Lessor gives Lessee written notice of such delay does not exceed thirty Lessee Delay within five (305) business days from the Estimated Commencement Dateafter its occurrence (collectively “Lessee Delay”), but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter the validity of this Lease or the nature or term occur one (1) day in advance of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this the Certificate of Occupancy for each such day of delay. For example, if seven (7) days of Lessee Delay causes the date of issuance of the Certificate of Occupancy to occur on August 8, 2001 rather than August 1, 2001, the Commencement Date shall be August 1, 2001 for all purposes, including payment of Base Rent and Additional Rent. The Lease Term shall expire, unless sooner terminated or extended as provided herein, on the date which completes eleven (11) years after the Commencement Date occurs or is deemed to have occurred, e.g. if the date on which the Certificate of Occupancy is issued or deemed to be later than issued for the Building is August 1, 2001, the Lease Term shall expire on July 1231, 20142012 and if that date is August 3, 2001, the Lease Term shall expire on August 2, 2012 (“Expiration Date”). If for any reason Landlord does not deliver possession The parties shall execute a “Memorandum of all or any portion Commencement of Lease Term” when the Commencement Date becomes known, which shall include a certification by Lessor’s architect of the Premises actual Rentable Area of the Building determined by the methodology described in Section 2.01. and the actual monthly installments of Base Rent to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Datebe paid pursuant to Section 4.01., Tenant and shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth substantially in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety.form attached hereto as Exhibit “E.”

Commencement Date. Commencement Date The term of this Lease shall be defined to mean commence on the earliest to occur of date which is the followinglater of: (ia) the date Tenant commences occupancy under this Lease of any portion of the Premises for the conduct of its business; July 1, 2019, or (iib) subject to Tenant Delay (as hereinafter defined), the Estimated Commencement Date specified in section C.4date on which the Tenant Improvements are Substantially Complete (as hereinafter defined). The Tenant Improvements shall be deemed to be "Substantially Complete" on the earliest of the Information Sheet. If for any reason Landlord does not date on which: (1) a temporary certificate of occupancy or cannot deliver possession a reasonably substantial equivalent such as a sign-off from a building inspector is issued by the City of Pleasanton (the "City"), or (2) Tenant first occupies all or any portion of the Premises to Expansion Premises. The Tenant by the Estimated Commencement Date, Landlord Improvements shall not be subject to any liability therefore, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date)to be Substantially Complete despite minor “punch list” items which shall be completed by Landlord within a reasonable time. No such delay or adjustment in If a Tenant Delay occurs, the Commencement Date shall alter be and mean the validity later of July 1, 2019 or the date upon which the Tenant Improvements would have been Substantially Complete but for any Tenant Delay. As used herein, a “Tenant Delay” shall be and mean each day of delay in the commencement or performance of the Tenant Improvements that occurs (a) because Tenant fails to timely furnish any information or deliver or approve any required documents (whether preliminary, interim revisions or final), pricing estimates, construction bids, and the like, (b) because of any change by Tenant to the Plans and Specification, Working Drawings or Final Working Drawings (each of which are hereinafter defined), (c) because Tenant fails to attend any meeting with Landlord, the architect, any design professional, or any contractor, or their respective employees or representatives, as may be required or scheduled hereunder or otherwise necessary in connection with the preparation or completion of any construction documents, such as the Plans and Specification, Working Drawings or Final Working Drawings, or in connection with the performance of the Tenant Improvements, (d) because of any specification by Tenant of materials or installations in addition to or other than Landlord’s standard finish-out materials, or (e) Tenant fails to deposit any Overage (as hereinafter defined) with Landlord as and when required hereunder. 1.1.1 The date that the Lease commences in accordance with this Article 1 shall be referred to herein as the "Commencement Date". 1.1.2 On and after the Commencement Date, the Lease shall continue in full force and effect until January 31, 2027 (“Expiration Date”) or until this Lease is terminated as otherwise provided herein. As soon as the Commencement Date is determined, Tenant shall execute a Commencement Date Memorandum in the form attached hereto as Exhibit F acknowledging, among other things, the (a) Commencement Date, (b) the Expiration Date and (c) Tenant's acceptance of the Expansion Premises. Tenant's failure to execute the Commencement Date Memorandum shall not affect Tenant's liability hereunder. 1.1.3 Reference in this Lease to a "Lease Year" shall mean each successive twelve month period commencing with the Commencement Date. 1.1.4 Landlord and Tenant estimate that the Commencement Date shall be July 1, 2019, but such estimate is not and shall not be deemed to be a representation or warranty by Landlord that Premises shall be ready for Tenant's occupancy on such date. 1.1.5 Landlord shall provide Tenant with limited access to the Expansion Premises at such times as may be designated by Landlord in light of construction work by Landlord in the Expansion Premises for a period of approximately two (2) weeks prior to the date which Landlord anticipates being the Commencement Date for the sole purpose of permitting Tenant to ready the Expansion Premises for Tenant’s occupancy, so that Tenant’s access does not interfere with the performance of Landlord’s work in the Expansion Premises. Tenant's access to the Expansion Premises during the period of time prior to the Commencement Date shall be subject to all the provisions of this Lease or (including the nature or term Rules and Regulations and such other rules and regulations as Landlord may reasonably impose), other than the payment of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause Rent and the expiration date of this the Lease to shall not be later than July 12, 2014. If for any reason Landlord does not deliver possession of all or any portion advanced by such access by Tenant of the Expansion Premises prior to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, . Tenant shall be entitled to terminate this Lease not interfere with respect to that portion Landlord’s performance of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth Landlord’s work in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entiretyExpansion Premises.

Commencement Date. (a) Subject to the satisfaction of the conditions set forth in Sections 2.1 and 2.2, the “Commencement Date” shall be April 29, 2011 or, if the Parties agree to a later date, then such later date (the “Latest Commencement Date”). (b) If the Commencement Date has not occurred on or before the Latest Commencement Date, this Agreement shall be defined to mean terminate on the earliest first Business Day following the Latest Commencement Date. In such case, all obligations of the Parties hereunder shall terminate, except for the obligations set forth in Article 2, Article 20, Article 21 and Article 23 and any obligation under the last sentence of this Section 2.3(b); provided, however, that nothing herein shall relieve any Party from liability for the breach of any of its representations, warranties, covenants or agreements set forth in this Agreement. Without limiting the foregoing, if the Fee Letter has been executed by Guarantor and ▇▇▇▇ on or before the Latest Commencement Date and if the failure of the Commencement Date to occur of on or before the following: Latest Commencement Date is due to (i) any breach by the date Tenant commences occupancy under this Lease of any portion of the Premises for the conduct Company of its business; or obligations hereunder, including its obligations under clause (c) below or (ii) the Estimated failure of any of the conditions contained in Section 2.1 to be satisfied on or before the Latest Commencement Date specified in section C.4. of the Information Sheet. If for any reason Landlord does not whatsoever, then the Company shall be obligated to reimburse ▇▇▇▇ for any losses, costs and damages incurred or cannot deliver possession of all or any portion realized by ▇▇▇▇ as a result of the Premises termination of this Agreement, including any such losses, costs or damages incurred or realized as a result of Aron’s terminating, liquidating, maintaining, obtaining or reestablishing any hedge or related trading positions in connection with such termination. (c) From and after the Effective Date, the Company shall use commercially reasonable efforts to Tenant by cause each of the Estimated conditions referred to in Section 2.1 to be satisfied on or prior to the Latest Commencement Date and ▇▇▇▇ shall use commercially reasonable efforts to cause each of the conditions referred to in Section 2.2 to be satisfied on or prior to the Latest Commencement Date. (d) The Parties acknowledge and agree that some of the Schedules contemplated hereby are (i) not attached to this Agreement as of the Effective Date or (ii) are attached in draft form. Between the Effective Date and the Commencement Date, Landlord the Parties shall not be subject cooperate, in good faith, to any liability thereforeprepare and finalize the form and content of such Schedules, nor shall such failure affect to the validity of this Lease or extent possible and, on the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in will execute such case, Tenant shall not amendment or other instrument as each Party deems reasonably necessary to cause each such Schedule be obligated incorporated as an attachment to pay this Agreement as contemplated by the terms hereof. For any Monthly Rent hereunder, until the date that Landlord delivers possession Schedules outstanding as of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No , the Parties shall cooperate, in good faith, to prepare and finalize the form and content of such delay or adjustment outstanding Schedules and will endeavor in the Commencement Date shall alter the validity of this Lease or the nature or term of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease good faith to be execute an amendment no later than July 12, 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty sixty (30) days from the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (9060) days after the Estimated Commencement DateDate and, Tenant after such date, the Parties agree to cooperate to update and amend the Schedules and this Agreement to accommodate changes in the assets and configurations of the Refinery Storage Facility, the Crude Delivery Point, the Products Delivery Point or any other similar term hereunder. (e) The Company Parties agree that, by executing this Agreement, they are accepting and agreeing to, and shall be entitled to terminate this Lease in its entiretybound by, the terms of the Fee Letter as if they were parties thereto.

Commencement Date. (a) Subject to the satisfaction of the conditions set forth in Sections 2.1 and 2.2, the “Commencement Date” shall be a Business Day specified by A▇▇▇ in a written notice to the Company given at least one (1) Business Day prior to such Commencement Date, which shall occur on or after the Effective Date and on or prior to March 1, 2011 or such later date as the Parties shall agree (the “Latest Commencement Date”). (b) The Company may elect to terminate this Agreement by giving written notice (email delivery being deemed sufficient) to A▇▇▇ no later than 11:59 p.m. (New York time) on Tuesday, February 22, 2011, in which case all obligations of the Parties hereunder shall terminate as of such time, except for the obligations set forth in Article 2, Article 20, Article 21 and Article 23 (the “Section 2.3(b) Termination”); provided, however, that nothing herein shall relieve any Party from liability for the breach of any of its representations, warranties, covenants or agreements set forth in this Agreement. If the Section 2.3(b) Termination is not elected, yet the Commencement Date has not occurred on or before the Latest Commencement Date, this Agreement shall be defined to mean terminate on the earliest first Business Day following the Latest Commencement Date. In such case, all obligations of the Parties hereunder shall terminate, except for the obligations set forth in Article 2, Article 20, Article 21 and Article 23and any obligation under the last sentence of this Section 2.3(b); provided, however, that nothing herein shall relieve any Party from liability for the breach of any of its representations, warranties, covenants or agreements NY2-683668 set forth in this Agreement. Without limiting the foregoing, if the failure of the Commencement Date to occur of on or before the following: Latest Commencement Date is due to (i) any breach by the date Tenant commences occupancy under this Lease of any portion of the Premises for the conduct Company of its business; or obligations hereunder, including its obligations under clause (c) below or (ii) the Estimated failure of any of the conditions contained in Section 2.1 to be satisfied on or before the Latest Commencement Date specified in section C.4. of the Information Sheet. If for any reason Landlord does not whatsoever, then the Company shall be obligated to reimburse A▇▇▇ for any loss, costs and damages incurred or cannot deliver possession realized by A▇▇▇ as a result of all its maintaining, terminating or obtaining any portion Related H▇▇▇▇▇. (c) From and after the Effective Date, the Company shall use commercially reasonable efforts to cause each of the Premises conditions referred to Tenant by in Section 2.1 to be satisfied on or prior to the Estimated Latest Commencement Date and A▇▇▇ shall use commercially reasonable efforts to cause each of the conditions referred to in Section 2.2 to be satisfied on or prior to the Latest Commencement Date. (d) Without limiting the Parties' respective obligations under this Agreement, during the period between the Effective Date and the Commencement Date, Landlord shall not be subject if either Party in its reasonable judgment deems it necessary or appropriate, the Parties may refine the modeling underlying the computations contemplated with respect to the amounts referred to in clauses (i) and (ii) of Section 10.2. (e) The Company covenants and agrees to take (or cause its Affiliates to take) all actions necessary to cause any liability therefore, nor shall such failure affect the validity of this Lease Crude Oil Linefill or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment Product Linefill included in the Commencement Date shall alter the validity of this Lease or the nature or term Volumes to be transferred to A▇▇▇ on and effective as of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease to be later than July 12, 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety.

Commencement Date. Commencement Date This Lease Agreement shall be defined to for an initial term of ten (10) years (the "Initial Term") commencing on the "Commencement Date" (as hereinafter defined). The term "Commencement Date" shall mean the earliest to occur earlier of the following: date of (i) Substantial Completion, as hereinafter defined in Section 1.1(b) below, and delivery of an SNDA, as hereinafter defined, pursuant to the date Tenant commences occupancy under terms and conditions set forth in this Lease of any portion of the Premises for the conduct of its business; or Agreement or (ii) the Estimated Commencement Date specified in section C.4. occupancy of the Information Sheet. If Demised Premises and commencement of business operations by Tenant or (iii) the date that Substantial Completion would have occurred but for the delay caused or contributed to by any reason Landlord does not act or cannot deliver possession neglect of all Tenant or any portion those acting for or under Tenant (including Tenant Change Orders, Tenant Installation Work, Tenant Installation Contractor and Tenant Installation Contracts) (calculated in whole days for the actual number of the Premises days of delay), including delays attributable to Tenant by the Estimated Commencement Date, Landlord shall not be subject Tenant's responses to any liability therefore, nor shall such failure affect the validity or delivery of plans and specifications as set forth in Article 2 of this Lease or Tenant's selection of special or long lead time items beyond Landlord's control (provided Landlord notifies Tenant in writing of any long lead items and the obligations actual number of Tenant hereunderdays it will take to receive such items within ten (10) business days after Landlord's initial receipt of plans or specifications including such item, provided and then only to the extent that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall could not be obligated avoided or reduced by Landlord's timely ordering of such item, allowing for such long lead time.) (collectively "Tenant Delay"). If Landlord desires to pay allege that Tenant Delay has occurred, no later than ten (10) business days after the occurrence of a Tenant Delay, Landlord shall deliver Tenant written notice that an alleged Tenant Delay has occurred; provided, however, that with respect to subparagraph (iii) hereof, to the extent any Monthly Rent hereunderother Force Majeure Event coincides with an event of Tenant Delay, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then Substantial Completion would have occurred but for such other Force Majeure Event will be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter the validity of this Lease or the nature or term of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease to be later than July 12, 2014. If extended "day for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth in the Work Letter with respect day" to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) extent of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entiretysuch other Force Majeure Event.

Commencement Date. 2.2.1 The Commencement Date listed in Section 1 of this Lease represents an estimate of the actual Commencement Date. The actual Commencement Date shall be defined to mean the earliest first to occur of the following: following events: (i) three (3) days after Landlord notifies Tenant the Premises are available for Tenant's occupancy in the condition required pursuant to Section 2.1 of this Lease, or (ii) the date on which Tenant commences occupancy under this Lease of any portion takes possession of the Premises for purposes other than completing tenant improvements. If the conduct of its business; or (ii) Commencement Date is later than the Estimated estimated Commencement Date specified in section C.4Section 1 above, this Lease shall not be void or voidable. If the Commencement Date is a day other than the first day of the Information Sheetcalendar month, unless otherwise agreed in writing by Landlord and Tenant, the Term shall not commence until the first day of the first calendar month staring after the Commencement Date, however all of the other terms and conditions of this Lease (including those regarding the payment of rent) shall be applicable on the Commencement Date. 2.2.2 Tenant waives any damages which may result from any delay in the substantial completion of the work described in Section 2.1 or delivery of possession of the Premises. If for any reason Landlord does not or cannot deliver Tenant takes possession of all or any portion of the Premises prior to the Commencement Date for the purpose of doing business in the Premises, Tenant's obligation to pay Rent hereunder and to observe and perform all other conditions and agreements hereunder with respect to the Premises shall commence on such earlier date of taking possession of the Premises. Notwithstanding the foregoing, Tenant shall not take possession of the Premises prior to the Commencement Date for such purposes without Landlord's written permission. 2.2.3 In the event that substantial completion of the Tenant Improvements is delayed by reason of delays caused or occasioned by Tenant, this Lease shall commence on the date that this Lease would have commenced had not the completion of Tenant Improvements been so delayed by the Estimated Tenant, as reasonably determined by Landlord. 2.2.4 The taking of possession of the Premises by Tenant shall be deemed an acceptance of the Premises and substantial completion by Landlord of the Tenant Improvements. 2.2.5 Promptly after the Commencement Date, Landlord shall not be subject complete and send to any liability therefore, nor shall such failure affect Tenant the validity of Verification Letter attached to this Lease or as Exhibit D. Tenant shall execute and return the obligations of Tenant hereunder, provided that such delay does not exceed thirty Verification Letter to Landlord within fifteen (3015) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter the validity of this Lease or the nature or term of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease to be later than July 12, 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entiretyreceipt.

Commencement Date. Commencement Date shall be defined to mean the earliest to occur (a) The term of the following: (i) the date Tenant commences occupancy under this Lease of any portion of (the Premises for “Term”) shall commence on the conduct of its business; or (ii) Commencement Date, and unless sooner terminated or extended as hereinafter provided, shall end on the Estimated Commencement Date specified in section C.4Expiration Date. of the Information Sheet. If for any reason Except as otherwise expressly provided herein, if Landlord does not or cannot deliver tender possession of all or any portion of the Premises to Tenant by the Estimated Commencement Dateon or before any specified date, for any reason whatsoever, Landlord shall not be subject to liable for any liability thereforedamage thereby, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereundervoid or voidable, and the Term shall not commence until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date actually occurs. Landlord shall alter the validity of this Lease or the nature or term of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease be deemed to be later than July 12, 2014. If for any reason Landlord does not deliver have tendered possession of all or any portion of the Premises to Tenant for a period exceeding thirty upon the giving of at least three (303) days advance notice by Landlord to Tenant stating that the Premises is vacant, in the condition required by this Lease and available DocuSign Envelope ID: 9A9C9B12-A895-460A-B922-02EA96CBF419888 F039-07D3 96C 95C7 5 F6CAE9878F (b) Notwithstanding the foregoing or anything to the contrary contained in this Lease, if the Commencement Date does not occur on or before February 1, 2024 (other than due to Tenant Delay or Unavoidable Delay), then, as Tenant’s sole remedy therefor, and as liquidated damages and not as a penalty, for each day after February 1, 2024 until the Commencement Date occurs, or would have occurred except for Tenant Delay or Unavoidable Delay (each such day, a “Late Delivery Day”), the period from the Estimated Commencement Date, Tenant Date until the Rent Commencement Date shall be entitled to terminate extended by: (a) one (1) day for each Late Delivery Day, for the first sixty (60) Late Delivery Days, and (b) two (2) days for each Late Delivery Day, for any Late Delivery Days in excess of the first sixty (60) Late Delivery Days, and if the Commencement Date does not occur (and would not have not occurred except for Tenant Delay or Unavoidable Delay) on or before September 1, 2024, then Tenant may thereafter give Landlord notice terminating this Lease with respect to that portion as of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent date that is forty five (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (9045) days after the Estimated giving of such notice; and if by such 45th day, the Commencement DateDate has not occurred (and would not have occurred except for Tenant Delay or Unavoidable Delay), then on such 45th day, this Lease shall terminate; Tenant shall be entitled have no further rights to terminate this Lease in its entiretylease the Premises hereunder; and Landlord shall return to Tenant any Advance Rent and Security Deposit.

Commencement Date. 2.4.1 The Commencement Date shall be defined to mean the earliest to occur of the following: (i) the date set forth in the definition of that term in Section 1 hereof. Tenant commences occupancy under this Lease of any portion acknowledges that the Premises shall be delivered in the condition required herein and that no representations or warranties as to the condition of the Premises for the conduct have been made by Landlord. The taking of its business; or (ii) the Estimated Commencement Date specified in section C.4. of the Information Sheet. If for any reason Landlord does not or cannot deliver possession of all or any portion of by Tenant shall establish that the Premises to Tenant by the Estimated Commencement Date, Landlord shall not be subject to any liability therefore, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but are in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers good and satisfactory condition when possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in was so taken and the Commencement Date shall alter occur as provided in the validity definition of this Lease that term in Section 1 hereof. In no event shall Tenant’s refusal or the nature or term of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease failure to be later than July 12, 2014. If for any reason Landlord does not deliver take possession of all or any portion of the Premises delay or postpone the occurrence of the Commencement Date. 2.4.2 Notwithstanding the foregoing, if the Tenant Improvements are not Substantially Completed by the Completion Termination Date (as hereinafter defined), Tenant may terminate this Lease by delivering to Landlord written notice thereof at any time before the earlier of (1) ten (10) days following the Completion Termination Date or (2) the date on which the Tenant Improvements are Substantially Completed. The termination right afforded to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant under this Section 2.4.2 shall be entitled Tenant’s sole remedy for Landlord’s failure to timely Substantially Complete the Tenant Improvements. Time is of the essence for the delivery of Tenant’s termination notice under this Section 2.4.2; accordingly, if Tenant fails to timely deliver such notice, then Tenant’s right to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease Section 2.4.2 shall cease with respect toexpire. As used herein, such portion of “Completion Termination Date” means the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent date that is one hundred (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90100) days plus the number of Tenant Delay Days plus the number of Force Majeure Delay Days (as hereinafter defined) after the Estimated Commencement Delivery Date. As used herein, “Force Majeure Delay Days” means each day of delay in achieving Substantial Completion of the Tenant shall be entitled to terminate Improvements for the reasons specified in Section 6.8 of this Lease in its entiretyLease.

Commencement Date. (a) The Commencement Date shall be defined to mean targeted for the earliest to occur date set forth in Section 2.03 hereof, but shall be the earlier of: (i) the date on which the Tenant Work is substantially completed and Tenant can take occupancy of the followingDemised Premises; or (ii) the day on which Landlord obtains a Certificate of Occupancy (temporary or final) or other form of governmental approval permitting Tenant's occupancy of the Demised Premises; or (iii) the day on which Tenant takes occupancy of the Demised Premises; provided that Landlord is not unreasonably delayed in the completion of Tenant Work due to Tenant's Work Changes to the Plans and Specifications, Additional Work requests or Tenant's delays in giving necessary approvals, in which case the Commencement Date will be accelerated by the number of any such days of delay. Landlord shall inform Tenant of the anticipated dates on which it expects to install the carpet in the Demised Premises so that Tenant may install its furniture (the "Carpet Install Date"), and substantially complete the Tenant Work and/or receive a Certificate of Occupancy (temporary or final). Notwithstanding the foregoing, Tenant may elect to delay its occupancy of the Demised Premises for the purpose of conducting its normal business operations, and thus delay the Commencement Date as follows: (i) In the event the Carpet Install Date is prior to May 20, 2005 and the Commencement Date would have otherwise occurred prior to June 1, 2005, Tenant may elect to delay taking occupancy of the Demised Premises (but may install its furniture and equipment), and thus delay the Commencement Date to the date Tenant commences takes occupancy under this Lease of any portion of the Premises for the conduct of its business; orDemised Premises, but in no event later than June 1, 2005; (ii) In the Estimated event the Carpet Install Date is later than May 20, 2005 but prior to June 1, 2005, Tenant may elect to delay taking occupancy of the Demised Premises (but may install its furniture and equipment), and thus delay the Commencement Date specified in section C.4. to the date Tenant takes occupancy of the Information Sheet. If Demised Premises, but in no event later than July 1, 2005 provided that Tenant is obligated to pay, and does pay, Holdover Rent (as defined in Section 4.02 (b) below) for any reason the month of June 2005; and (iii) In the event the Commencement Date would have otherwise occurred later than June 1, 2005 but prior to July 1, 2005, Tenant may elect to delay taking occupancy of the Demised Premises (but may install its furniture and equipment), and thus delay the Commencement Date to the date Tenant takes occupancy of the Demised Premises, but in no event later than July 1, 2005, provided that Tenant is obligated to pay, and does pay, Holdover Rent (as defined in Section 4.02 (b) below) for the month of June. (b) In the event Landlord does not substantially complete the Tenant Work or cannot deliver possession obtain a Certificate of all Occupancy (or any portion other form of governmental approval permitting Tenant's occupancy of the Premises to Tenant Demised Premises) by no later than July 1, 2005 (the Estimated Commencement "Outside Completion Date"), Landlord shall not be subject to any liability therefore, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant (which date shall then be deemed extended on a day-for-day basis for (1) each day of "Force Majeure," as defined herein, or (2) for each day of delay caused by Tenant as described above or (3) for each day of delay attributable to governmental officials providing approvals, and as a result, Tenant can not take occupancy of the Commencement Date). No Demised Premises for the purpose of conducting its normal business operations, provided such delay or adjustment in the Commencement Date shall alter the validity of this Lease or the nature or term of the obligations of Tenant hereunderis not attributable to Landlord's delay, nor shall any such delay or adjustment cause the expiration date of this Lease to be later than July 12, 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, then Tenant shall be entitled to terminate this Lease additional Base Rent credits as follows: For each day beyond the Outside Completion Date that Tenant is obligated to pay a holdover rent payment above the rent otherwise due under its current lease at ▇▇-▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, Fairlawn, New Jersey, which Tenant represents the holdover payment to be a maximum of $22,128 per month (the "Holdover Rent"), then Landlord agrees to absorb the Holdover Rent and will provide Tenant with respect a per diem rent credit not to that portion exceed $737.60 per day, subject to Landlord's receipt of paid rent substantiating the Holdover Rent (for example, if the Outside Completion Date is not met by 5 days, but Tenant is obligated to pay a full month's rent plus the Holdover Rent of $22,128, then Landlord will provide for Base rent credits of $22,128; however, if Tenant is only obligated to pay 5 days of holdover rent, then Landlord will provide Base Rent credits of $3,688). (c) After the commencement of the Premises not deliveredTerm, Landlord and its obligations under this Lease Tenant shall cease with respect topromptly execute, such portion acknowledge and deliver to each other the Commencement Date Memorandum attached hereto as Exhibit G, which confirms the actual Commencement and Expiration Dates of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entiretyLease.

Commencement Date. (a) Upon the Effective Date, the terms and provisions hereof shall be fully binding on Landlord and Tenant prior to the occurrence of the Commencement Date. The Term of this Lease shall commence on the Commencement Date. Unless sooner terminated or extended as hereinafter provided, the Term shall end on the Expiration Date. Landlord shall be deemed to have tendered possession of the Premises to Tenant upon the mutual execution and delivery of this Lease, it being understood that the Premises are vacant, in the condition required by this Lease (except for Landlord’s performance of Landlord’s Work pursuant to Article 4 below) and available for Tenant’s occupancy (subject to Section 2.2(b) below). Notwithstanding the foregoing or anything to the contrary contained in Article 1 above, if Tenant is not legally permitted to occupy the Premises for the conduct of its business on August 1, 2009, as a result of any act or omission on the part of Landlord or Landlord’s agents or employees, and if Tenant does not occupy the Premises for the conduct of its business as a result thereof, then the Commencement Date shall be defined not occur until Tenant is legally permitted to mean the earliest to occur of the following: (i) the date Tenant commences occupancy under this Lease of any portion of occupy the Premises for the conduct of its business; or provided, however, if the Commencement Date has not occurred on or before October 1, 2009, then Tenant shall have the right to terminate this Lease, which right shall be exercisable only by written notice to Landlord delivered not earlier than October 2, 2009, and not later than the earlier to occur of (i) the date on which the Commencement Date occurs, and (ii) October 10, 2009. At any time following the Estimated Commencement Date specified in section C.4. of the Information Sheet. If for any reason Landlord does not or cannot deliver possession of all or any portion of the Premises to Tenant by the Estimated Commencement Date, Landlord shall not be subject have the right to any liability thereforedeliver to Tenant a notice in the form as set forth in Exhibit G, nor shall such failure affect attached hereto, as a confirmation only of the validity of this Lease or the obligations of Tenant hereunderinformation set forth therein, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Datewhich, but in such caseif accurate, Tenant shall not execute and return to Landlord within five (5) business days of receipt thereof; provided, however, Tenant’s failure to execute and return such notice to Landlord within such time shall be obligated to pay any Monthly Rent hereunder, until conclusive upon Tenant that the date that Landlord delivers information set forth in such notice is as specified therein. For purposes of determining whether Tenant has accepted possession of the entire Premises to Tenant (which date shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter the validity of this Lease or the nature or term of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease to be later than July 12, 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement DatePremises, Tenant shall be entitled deemed to terminate have done so when Tenant first moves Tenant’s Property and/or any of its personnel into the Premises and/or commences construction, except to the extent that Tenant is authorized in this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, or by Landlord’s agreement (such portion of the Premises. Except as set forth in the Work Letter with respect Section 2.2(b) below) to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) do any of the Premises by foregoing without being deemed to have accepted possession of the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entiretyPremises.

Commencement Date. Commencement Date shall be defined Landlord represents to mean the earliest to occur of the following: Tenant, and Tenant acknowledges, that (i) Landlord's existing lease with Altera Corporation ("Altera") for the date Tenant commences occupancy under this Lease of any portion of Premises expires on July 4, 1997, (ii) that Altera has a "hold-over" right to remain in the Premises for up to three (3) months after the conduct July 4, 1997 date, and (iii) Altera must exercise its "hold-over" right and state the length of the hold-over period no later than February 1, 1997. Therefore, the Commencement Date of August 3, 1997 of this Lease shall be delayed for up to three (3) months beyond August 3, 1997 (i) only if Landlord provides written notice to Tenant that Altera has exercised its business; or "hold-over" right, and (ii) the Estimated Commencement Date specified in section C.4. of the Information Sheet. If for any reason Landlord does not or cannot deliver possession of all or any portion of the Premises to Tenant by the Estimated Commencement Date, Landlord shall not be subject to any liability therefore, nor shall such failure affect the validity of this Lease or the obligations of Tenant hereunder, provided that such delay does not exceed thirty (30) days from the Estimated Commencement Date, but in such case, Tenant shall not be obligated delayed a period equal to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises Landlord's written notice to Tenant (stating the period of time of Altera's hold-over, which date notice shall then be deemed the Commencement Date). No such delay or adjustment in the Commencement Date shall alter the validity of this Lease or the nature or term of the obligations of delivered to Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease to be no later than July 12February 15, 20141997. If for any reason Landlord Altera does not deliver possession of all or any portion of the Premises to Tenant for Landlord on or before the date Altera is required to surrender, whether such date is July 4, 1997, or an extended date set by a period exceeding thirty (30) days from hold-over notice, then the Estimated Commencement Date, Tenant Date shall be entitled to terminate this Lease with respect to that portion of the Premises not delivereddelayed one day for every day beyond such required surrender date, and its obligations under this Lease shall cease with respect to, such portion during which Altera continues in possession of the Premises. Except as set forth Although the Commencement Date shall not be affected by the date of Substantial Completion of Interior Improvements under Exhibit "B" hereto, Landlord agrees that it will keep Tenant advised on negotiations for the construction contract with the Prime Contractor, that it will provide in such contract for penalties for delay in completion of construction by the Prime Contractor, and that Tenant will have the right to approve the Prime Construction Contract, approval not be unreasonably withheld or delayed, solely with regard to the timeline schedule for construction, the penalties which are to be charged to the Prime Contractor in the Work Letter with respect to the hanging conference room wallevent of delay, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entiretyand construction warranties.

Commencement Date. (a) Subject to the satisfaction of the conditions set forth in Sections 2.1 and 2.2, the “Commencement Date” shall be a Business Day mutually agreed to by the Parties on or after the Effective Date and on or prior to June 30, 2017 or such later date as the Parties shall agree (the “Latest Commencement Date”). (b) If the Commencement Date has not occurred on or before the Latest Commencement Date, this Agreement shall be defined to mean terminate on the earliest first Business Day following the Latest Commencement Date. In such case, all obligations of the Parties hereunder shall terminate, except for the obligations set forth in Article 2, Article 21, Article 22 and Article 24 and any obligation under the last sentence of this Section 2.3(b); provided, however, that nothing herein shall relieve any Party from liability for the breach of any of its representations, warranties, covenants or agreements set forth in this Agreement. Without limiting the foregoing, if the failure of the Commencement Date to occur of on or before the following: Latest Commencement Date is due to (i) the date Tenant commences occupancy under this Lease of any portion of the Premises for the conduct breach by Fuels or LW of its business; or obligations hereunder, including its obligations under clause (c) below or (ii) the Estimated failure of any of the conditions contained in Section 2.1 to be satisfied on or before the Latest Commencement Date specified in section C.4. of the Information Sheet. If for any reason Landlord does not or cannot deliver possession of all or any portion of the Premises to Tenant by the Estimated Commencement Date, Landlord shall not be subject unless such failure is due to any liability therefore, nor shall such failure affect the validity breach by Macquarie of this Lease or the its obligations of Tenant hereunder, provided that such delay does not exceed thirty including its obligations under clause (30c) days from the Estimated Commencement Datebelow, but in such casethen Fuels and LW shall, Tenant shall not on a joint and several basis, be obligated to pay reimburse Macquarie for any Monthly Rent hereunderout of pocket losses, until costs and damages incurred or realized by Macquarie as a result of its maintaining, terminating or obtaining any Related ▇▇▇▇▇▇. (c) From and after the date that Landlord delivers possession Effective Date, Fuels and LW shall use commercially reasonable efforts to cause each of the entire Premises conditions referred to Tenant (which date in Section 2.1 to be satisfied on or prior to the Latest Commencement Date and Macquarie shall then use commercially reasonable efforts to cause each of the conditions referred to in Section 2.2 to be deemed satisfied on or prior to the Latest Commencement Date). No such delay . (d) Each of Fuels and LW covenants and agrees to take (or adjustment cause its respective Affiliates to take) all actions reasonably necessary to cause any Product Linefill included in the Commencement Date shall alter the validity of this Lease or the nature or term Volumes to be transferred to Macquarie on and effective as of the obligations of Tenant hereunder, nor shall any such delay or adjustment cause the expiration date of this Lease to be later than July 12, 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room wall, if Landlord fails to deliver at least ninety percent (90%) of the Premises by the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety.

Commencement Date. The date of commencement for the Additional Space (the "Additional Space Commencement Date") shall be the date of substantial completion of Landlord's Work, as hereinafter defined, in the Additional Space, which is projected to be three (3) months from Landlord's receipt of final approved Working Drawings, as hereinafter defined, or such earlier date as Tenant takes possession or commences use of the Additional Space for any purpose other than construction. The Additional Space Commencement Date and the commencement of rental payment hereunder shall not be defined to mean extended or delayed for any period of time that substantial completion of Landlord's Work and the earliest to occur delivery of possession of the following: Additional Space is delayed beyond that date which is three (3) months from Landlord's receipt of final approved Working Drawings, as hereinafter defined, by any reason of: (i) special work, changes, alterations or additions required or made by Tenant in the date Tenant commences occupancy under this Lease of any portion of the Premises for the conduct of its businessAdditional Space; or (ii) delays and/or default on the Estimated part of Tenant in submitting on a timely basis any plans and/or specifications, supplying information, approving plans, specifications or estimates, or giving authorizations required hereunder or otherwise for the completion of Landlord's Work; and/or (iii) delays otherwise caused in whole or in part by Tenant. However, in no event shall the Additional Space Commencement Date specified in section C.4and the commencement of rental payment hereunder be later than July 1, 2000. of The foregoing notwithstanding, if the Information Sheet. If for any reason Landlord does not or cannot deliver possession of all or any portion of the Premises to Tenant by the Estimated Commencement Date, Landlord Additional Space shall not be subject to any liability therefore, nor substantially complete and the Tenant shall such failure affect not have taken possession or commenced use of the validity of this Lease Additional Space on or before the obligations of Tenant hereunder, provided that such delay does not exceed thirty date which shall be one hundred fifty (30150) days from the Estimated Commencement Datedate Landlord commences construction of Landlord's Work as herein defined, but in as such casedate may be extended by the number of days, if any, of any (i) Tenant Delays, as herein defined; (ii) Force Majeure delays; and/or (iii) any other delays pursuant to this Section, then Tenant shall not be obligated receive a credit at the next monthly rent payment date equal to pay any Monthly Rent hereunder, until the date that Landlord delivers possession of the entire Premises to Tenant ninety five dollars (which date shall then be deemed the Commencement Date). No such delay or adjustment in $95) for each business day the Commencement Date shall alter the validity of this Lease or the nature or term of the obligations of Tenant hereunderis delayed beyond such one hundred fifty (150) day period, nor shall any as such delay or adjustment cause the expiration date of this Lease to may be later than July 12extended. "Force Majeure" means, 2014. If for any reason Landlord does not deliver possession of all or any portion of the Premises to Tenant for a period exceeding thirty (30) days from the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease with respect to that portion of the Premises not delivered, and its obligations under this Lease shall cease with respect to, such portion of the Premises. Except as set forth in the Work Letter with respect to the hanging conference room walloccurrence of a specified date or event, if Landlord fails any and all events beyond the reasonable control of Landlord, including, without limitation, strikes, lockouts, acts of God, enemy actions, civil commotion or war, casualties and governmental actions, but excluding lack of funds, which events delay the occurrence of the specified date or event in question. If the Additional Space Commencement Date occurs on any day other that the first day of a month, then the Basic Rent will be pro-rated on a daily basis (i.e., annual rental divided by 365 days, or 366 days in a leap year). As of the Additional Space Commencement Date, the Additional Space shall be deemed to deliver at least ninety percent (90%) be a part of the Premises by demised under the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entirety. If Landlord fails to deliver the Premises in its entirety within ninety (90) days after the Estimated Commencement Date, Tenant shall be entitled to terminate this Lease in its entiretyLease.