Common use of Condition of Premises Clause in Contracts

Condition of Premises. Lessor makes no warranty or representation as to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect the condition of the Premises, and enters into this Lease upon the basis of its own review, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereof.

Condition of Premises. Lessor makes Landlord shall deliver the Premises and Landlord’s Work shall be good and workmanlike using first class materials. Landlord’s Work is hereby warranted for one year from the Rent Commencement Date and no warranty or representation costs to effect the same shall be included in Operating Expenses. All Building systems including, but not limited to, HVAC, mechanical and electrical, elevators and the structure of the Building shall be in good working order and/or good repair, as to the case may be, at the time Tenant occupies the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with the The Premises and has had adequate opportunity to investigate and inspect the condition of the Premisesshall be initially improved as provided in, and enters into this Lease upon subject to, the basis of its own review, Tenant Work Letter attached hereto as Exhibit “B” and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTSmade a part hereof. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition The existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or leasehold improvements in the Premises as of the date hereof shall remain on of this Lease, together with the Tenant Improvements (as defined in the Tenant Work Letter) may be collectively referred to herein as the “Tenant Improvements.” Landlord reserves the right from time to time, but subject to payment by and/or reimbursement from Tenant as otherwise provided herein: (i) to install, use, maintain, repair, replace and relocate for service to the Premises as and/or other parts of the Building pipes, ducts, conduits, wires, appurtenant fixtures, and when Lessee evacuates mechanical systems, wherever located in the Premises on or the Termination Date Building, (ii) to alter, close or relocate any extension thereoffacility in the Premises or the Common Areas or otherwise conduct any of the above activities for the purpose of complying with legal requirements for fire/life safety for the Building or otherwise and (iii) to comply with any federal, state or local law, rule or order with respect thereto or the regulation thereof not currently in effect. Landlord shall use reasonable efforts to perform any such work with the least inconvenience to Tenant as possible, but in no event shall Tenant be permitted to withhold or reduce Rent or other charges due hereunder as a result of same or otherwise make claim against Landlord for interruption or interference with Tenant’s business and/or operations. No incursion into or through the Premises shall be made without Tenant’s consent except in the case of an emergency. Notwithstanding the foregoing, in the event Landlord requires entry into the Premises for the purpose of performing any of its obligations contained in this Lease and such entry is denied, Landlord shall not be deemed in default hereunder for failing to perform such obligations.

Condition of Premises. Lessor makes no 11.1 Subject to (i) substantial completion of the LANDLORD's Work and TENANT's Work, (ii) the correction of punch list items described in Section 2.1, and (iii) latent defects and necessary corrections and adjustments to seasonal items such as heating and air conditioning of which TENANT provides timely notice to LANDLORD within one year following the Commencement Date, by taking possession of the Leased Premises, TENANT shall be deemed to accept the same and acknowledge that they comply fully with LANDLORD's covenants and obligations hereunder. TENANT acknowledges that neither LANDLORD nor any officer, director, trustee, employee, servant, agent, contractor or representative of LANDLORD has made any representation or warranty or representation as with respect to the PremisesProperty or the Leased Premises or with respect to the suitability or fitness of the Property or the Leased Premises for the conduct of TENANT's business or any other purpose. Lessee acknowledges and agrees that it has occupied and familiarized itself LANDLORD shall use good faith efforts to correct or complete any punch list items as soon as reasonably possible, and, provided notice is given to LANDLORD in accordance with the Premises provisions of this Section 11.1, to correct any latent defects and has had adequate opportunity make any necessary corrections and adjustments to investigate seasonal items such as heating and inspect air conditioning that are not readily discoverable by TENANT on or about the condition date of Substantial Completion within a reasonable time after receipt of notice of the need therefor from TENANT. 11.2 During the term of this Lease and any further period during which TENANT shall hold the Leased Premises, or any part thereof, as a tenant-at-will or tenant-at-sufferance, TENANT at its sole cost and enters into this Lease upon expense shall maintain the basis of its own reviewLeased Premises in as good condition and repair as when TENANT took possession, reasonable wear and tear and damage by casualty or condemnation only excepted, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative shall repair all damage or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as injury to the condition (financial Leased Premises or otherwise)to windows, value or quality of the productsglass, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniturefixtures, equipment, machinery machinery, apparatus, systems, wires, pipes, facilities and all other personal property, excepting any computers, that are located on or in the Premises as related accessories and appurtenances of the date hereof Leased Premises caused by TENANT's installation or removal of its property or resulting from the conduct of TENANT and TENANT's Representatives. 11.3 LANDLORD shall remain on be responsible for constructing LANDLORD's Work and TENANT's Work in compliance with all Laws, including Title III of the Americans with Disabilities Act (the "ADA"), provided that TENANT, not LANDLORD, shall be responsible for the correction of any violations that arise out of a failure by TENANT's architect to prepare TENANT's Plans in compliance with all Laws, including the ADA. LANDLORD shall be responsible for compliance of the Building and Leased Premises with all Laws, except as provided in Sections 12.4 and when Lessee evacuates 26 below, unless a lack of compliance is due to the Premises on the Termination Date or any extension thereoffailure of TENANT's Plans to comply with applicable laws.

Condition of Premises. Lessor makes no warranty Upon the expiration or representation earlier termination of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and in the same condition and state of repair as at the commencement of the Lease Term, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the provisions of this Lease. Tenant shall deliver all keys to the Premises. Lessee acknowledges , and agrees that it has occupied and familiarized itself with the building of which the Premises and has had adequate opportunity are a part, to investigate and inspect the condition Landlord, Upon Tenant’s vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and enters into this Lease upon other items of personal property (unless prohibited from doing the basis of its own reviewsame under Section 20.2), and is leasing shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in their “AS ISa manner satisfactory to Landlord and shall include, WHERE IS” CONDITION WITH ALL FAULTSbut are not limited to, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTIONthe following: capping all plumbing, RENOVATIONcapping all electrical wiring, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERSrepairing all holes in walls, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASErestoring damaged floor and/or ceiling tiles, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition thorough cleaning of the Premises. Lessee If Tenant fails to remove any items that Tenant has investigated an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and has knowledge Landlord shall have the right to remove and retain or dispose of operative or proposed governmental laws and regulations includingthe same in any manner, without limitation, environmental laws and regulations any obligation to which account to Tenant for the Premises are proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect disposition of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations Alterations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, excepting any computers, that are located on or in the Premises as storing and disposing of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofsuch items.

Condition of Premises. Lessor makes no warranty or representation as to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with (a) Landlord will deliver possession of the Premises and has had adequate opportunity to investigate and inspect the condition Tenant in its current “as-is” condition. If, for any reason not caused by Tenant, Landlord cannot deliver possession of the PremisesPremises to Tenant on the Commencement Date, and enters into this Lease upon will not be void or voidable, nor will Landlord be liable to Tenant for any loss or damage resulting from such delay, but in such event, the basis Commencement Date and Tenant’s obligation to pay rent will not commence until Landlord delivers possession to Tenant. If the delay in possession is caused by Tenant, then the Term and Tenant’s obligation to pay rent will commence as of its own reviewthe Commencement Date even though Tenant does not yet have possession. Notwithstanding the foregoing, and is leasing Landlord will not be obligated to deliver possession of the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it to Tenant (but Tenant will be liable for rent if Landlord can otherwise deliver the Premises to Tenant) until Landlord has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition received from Tenant all of the Premises. Lessee has investigated and has knowledge following: (i) a copy of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon fully executed by Tenant and the basis guaranty of its review Tenant’s obligations under this Lease, if any, executed by the Guarantor(s); (ii) the Security Deposit and determination the first installment of the applicability Monthly Base Rent; and effect (iii) copies of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations policies of insurance or warranties of any kind or naturecertificates thereof as required in this Lease. (b) Except as otherwise provided in this Lease, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee Tenant hereby accepts the Premises and the Office Building Project in their condition existing as of the Lease Commencement Date or the date hereofthat Tenant takes possession of the Premises, whichever is earlier, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and any easements, covenants or restrictions of record, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees Tenant acknowledges that it has satisfied itself by its own independent investigation that the Premises are suitable for its intended use, possession and to have acknowledged that all furniture, equipment, machinery work to be completed by Landlord has been completed and all other personal property, excepting there are no additional items needing work or repair by Landlord. Tenant further acknowledges that neither Landlord nor Landlord’s agent or agents has made any computers, that are located on representation or in the Premises warranty as to present or future suitability of the date hereof shall remain on Premises, Common Areas, or Office Building Project for the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofconduct of Tenant’s business.

Condition of Premises. Lessor makes Landlord shall deliver the Expansion Premises to Tenant in good, vacant, broom clean condition, in compliance with all laws (to the extent required to obtain or maintain a certificate of occupancy for the Expansion Premises), with the roof water-tight and shall cause the plumbing, electrical systems, fire sprinkler system, lighting, and all other building systems serving the Expansion Premises to be in good operating condition and repair on or before the Expansion Commencement Date. Further, Landlord at its sole cost (and at no warranty cost to Tenant through Operating Expenses or representation otherwise) shall be responsible to cause the exterior of the 900 Building and the structural portions of the 900 Building to be in compliance with applicable ADA requirements to the extent required to allow the legal occupancy of the Expansion Premises for the permitted use (subject to Tenant's interior design and utilization of existing entrances for required egress from the 900 Building). Tenant acknowledges that except as provided in this Section, Tenant shall accept the Premises in their existing, "as-is" condition on the date of delivery thereof to Tenant. Except for the payment of the Tenant Improvement Allowance as provided in Section 2, below, Landlord shall have no obligation to make or pay for any improvements to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect the condition of the PremisesFurther, and enters into this Lease upon the basis of its own review, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, hazardous materials (as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition defined by applicable laws) existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Expansion Premises as of the date hereof of delivery of the Expansion Premises to Tenant, if any, shall remain on be removed or remediated by Landlord as required by applicable laws, at Landlord's sole cost and expense (i.e., the Premises as cost of the Tenant Improvements shall not include such costs, and when Lessee evacuates the Premises on Tenant Improvement Allowance shall not be used for such costs), except to the Termination Date extent (if any) that such hazardous materials were brought onto or any extension thereofreleased onto the Expansion Premises, the Building or the Center through the acts or omissions of Tenant or its employees, agents or contractors.

Condition of Premises. Lessor makes no warranty The Tenant’s taking possession of the Premises or representation as any portion thereof shall be conclusive evidence that the Premises or any such portion was in good order and satisfactory condition when the Tenant took possession. At the expiration or other termination of this Lease or of Tenant’s right of possession, Tenant shall leave the Premises, and during the Term will keep the same, in good order and condition, ordinary wear and tear, damage by fire or other casualty (which fire or other casualty has not occurred through the negligence of Tenant or those claiming under Tenant or their employees or invitees respectively) alone excepted; and for that purpose, during the term of this Lease, Tenant shall make all necessary repairs and replacements. Tenant shall give Landlord prompt notice of any damage to or accident upon the Premises and of any breakage or defects in the window glass, wires or plumbing, heating, ventilating or cooling, life safety or electrical apparatus or systems on or serving the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with Tenant shall at the expiration or termination of this Lease or of Tenant’s right of possession, also have had removed from the Premises all furniture, trade fixtures, office equipment and has had adequate opportunity all other items of Tenant’s property so that the Premises is in broom clean condition and Landlord may again have and repossess the Premises free and clear of any interest of Tenant, any subtenant or any other party. Tenant shall comply with all laws, rules, orders, ordinances and regulations at any time issued or in force by any lawful authority, applicable to investigate and inspect the condition Tenant or any other occupant of the Premises, and enters into this Lease upon or to the basis of its own reviewPremises, and is leasing or to the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition use or occupancy of the Premises. Lessee has investigated and has knowledge Tenant shall repair, at or before expiration or termination of operative this Lease or proposed governmental laws and regulations includingof Tenant’s right of possession, without limitation, environmental laws and regulations all damage done to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination any other part of the applicability Building by installation or removal of furniture and effect property by Tenant or any subtenant or any agent, employee or invitee of such laws and regulationsTenant or any subtenant. Lessee acknowledges that Lessor expressly disclaims Tenant shall, upon demand, pay to Landlord the amount of any representations damages suffered or warranties incurred by Landlord as a result of any injury to any part of the Property other than the Premises, done by Tenant or any subtenant or any agent, employee or invitee of Tenant or any subtenant. Tenant shall not do or commit, or suffer or permit to be done or committed, any act or thing as a result of which any policy of insurance of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in connection with the Premises as Property shall become void or suspended, or any insurance risk on or in connection with the Building or any other portion of the date hereof Property shall remain on (in the Premises as and when Lessee evacuates opinion of the Premises on the Termination Date insurer or any extension thereofinsurance organization) be rendered more hazardous; without limitation of all other rights and remedies of Landlord, Tenant shall pay as additional rent the amount of any increase of premiums for such insurance, resulting from any breach of this provision.

Condition of Premises. Lessor makes no warranty or representation Completion of the Tenant Improvements (as defined in the Work Letter) by Tenant shall be governed by the terms and conditions of the Work Letter which is attached hereto as Exhibit “B”. Tenant’s obligation to construct the Tenant Improvements pursuant to the Work Letter is independent of, and in addition to, Tenant’s obligation to pay Rent under this Lease. Tenant acknowledges that Tenant has had an opportunity to conduct a thorough and diligent inspection and investigation of the Premises, Common Area and Building Systems (as defined in Paragraph 8(a) below) for each Building (including, without limitation, the electrical and HVAC capacity and distribution systems to and throughout the Premises). Lessee acknowledges Landlord shall deliver to Tenant, and agrees that it has occupied and familiarized itself with Tenant shall accept, the Premises in their “as-is, where-is condition, with all faults” as of the date of this Lease; provided, however, that the roof and Building Systems of each Building shall be delivered in good order and working condition, and if Tenant notifies Landlord within three (3) months following either Delivery Date that any of the Building Systems (excluding any portion of such Building Systems damaged or altered by Tenant as part of, or during installation of, the Tenant Improvements) serving the applicable Building are not in good working condition, then Landlord shall perform the necessary maintenance, repair and/or replacement of said portions of the Building Systems so that they are in good working condition and the cost of any resulting capital repairs or replacements (as opposed to routine maintenance) of such Building Systems that are deemed necessary by Landlord will not be included in Expenses; provided, however, that the foregoing warranty and undertaking by Landlord shall not apply to the extent of any damage caused by Tenant’s construction of the Tenant Improvements or by other acts or omissions of Tenant or Tenant’s agents that affect the condition of the roof or Building Systems. Other than the express warranty in the preceding sentence, Landlord has had adequate opportunity not made and will not make any representation or warranty, express or implied, with respect to investigate and inspect the condition of the Premises, and enters into this Lease upon Buildings, Common Area or Building Systems, or with respect to the basis suitability, fitness or capacity of its own review, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition any of the Premisesforegoing for the conduct of Tenant’s Permitted Use or for any other purpose. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as Subject to the condition (financial or otherwise)foregoing, value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use by accepting delivery of the Premises, and accepts this Lease subject thereto Tenant shall be deemed to have accepted the same as suitable for the purpose herein intended, and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees have acknowledged that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the condition of the Premises complies with Landlord’s obligations for delivery of the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofprovided in this Paragraph 3(b).

Condition of Premises. Lessor makes no warranty Tenant hereby agrees that except as provided in the Tenant Work Letter attached hereto as Exhibit "D" and made a part hereof, the Premises shall be taken "as is", "with all faults", "without any representations or representation as to the Premises. Lessee acknowledges warranties", and Tenant hereby agrees and warrants that it has occupied investigated and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect inspected the condition of the PremisesPremises and the suitability of same for Tenant's purposes, and enters Tenant does hereby waive and disclaim any objection to, cause of action based upon, or claim that its obligations hereunder should be reduced or limited because of the condition of the Premises or the Project or the suitability of same for Tenant's purposes. Tenant acknowledges that neither Landlord nor any agent nor any employee of Landlord has made any representations or warranty with respect to the Premises or the Project or with respect to the suitability of either for the conduct of Tenant's business and Tenant expressly warrants and represents that Tenant has relied solely on its own investigation and inspection of the Premises and the Project in its decision to enter into this Lease upon the basis of its own review, and is leasing let the Premises in their “AS ISthe above-described condition. Nothing contained herein is intended to, WHERE IS” CONDITION WITH ALL FAULTSnor shall, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTIONobligate Landlord to implement sustainability practices for the Project or to seek certification under, RENOVATIONor make modifications in order to obtain, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTSa certification from LEED or any other comparable certification. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the The Premises are or may shall be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, initially improved as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premisesprovided in, and accepts this Lease subject thereto to, the Tenant Work Letter attached hereto as Exhibit "D" and to all matters disclosed thereby and by any exhibits attached heretomade a part hereof. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or The existing leasehold improvements in the Premises as of the date hereof shall remain on of this Lease, together with the Improvements (as defined in the Tenant Work Letter) may be collectively referred to herein as the "Tenant Improvements." The taking of possession of the Premises as and when Lessee evacuates by Tenant shall conclusively establish that the Premises on and the Termination Date Project were at such time in satisfactory condition. Tenant hereby waives subsection 1 of Section 1932 and Sections 1941 and 1942 of the Civil Code of California or any extension thereofsuccessor provision of law.

Condition of Premises. Lessor makes no warranty Subject to Landlord’s repair and maintenance obligations under this Lease, Tenant hereby agrees that the Premises shall be taken “as is”, “with all faults”, “without any representations or representation as to the Premises. Lessee acknowledges warranties”, and Tenant hereby agrees and warrants that it has occupied investigated and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect inspected the condition of the PremisesPremises and the suitability of same for Tenant’s purposes, and enters Tenant does hereby waive and disclaim any objection to, cause of action based upon, or claim that its obligations hereunder should be reduced or limited because of the condition of the Premises or the Project or the suitability of same for Tenant’s purposes. Tenant acknowledges that neither Landlord nor any agent nor any employee of Landlord has made any representations or warranty with respect to the Premises or the Project or with respect to the suitability of either for the conduct of Tenant’s business and Tenant expressly warrants and represents that Tenant has relied solely on its own investigation and inspection of the Premises and the Project in its decision to enter into this Lease upon the basis of its own review, and is leasing let the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTSthe above-described condition. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the The Premises are or may shall be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, initially improved as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premisesprovided in, and accepts this Lease subject thereto to, the Tenant Work Letter attached hereto as Exhibit “D” and to all matters disclosed thereby and by any exhibits attached heretomade a part hereof. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or The existing leasehold improvements in the Premises as of the date hereof shall remain on of this Lease, together with the Improvements (as defined in the Tenant Work Letter) may be collectively referred to herein as the “Tenant Improvements.” The taking of possession of the Premises as and when Lessee evacuates by Tenant shall conclusively establish that the Premises on and the Termination Date Project were at such time in satisfactory condition. Tenant hereby waives subsection 1 of Section 1932 and Sections 1941 and 1942 of the Civil Code of California or any extension thereofsuccessor provision of law. Landlord agrees to cause the electrical, plumbing, heating, ventilation and air conditioning and other systems serving the Premises to be in good working order as of the Commencement Date. Notwithstanding the foregoing, if Tenant fails to notify Landlord within ninety (90) days after the Substantial Completion of the Improvements that any of the foregoing items are not in good working order and condition, then such items shall be deemed to be in good working order and condition and Tenant shall have no further right hereunder to claim otherwise, except for Landlord’s ongoing obligations under this Lease.

Condition of Premises. Lessor makes no warranty or representation On the Commencement Date, Landlord shall deliver and Tenant shall accept the Leased Property in "as is" condition, subject to the Premises. Lessee acknowledges rights of parties in possession, the existing state of title, including all covenants, conditions, restrictions, easements and agrees that it has occupied other matters of record, all applicable Legal Requirements, the lien of financing instruments, mortgages and familiarized itself with the Premises deeds of trust, and has had adequate opportunity to investigate and inspect the condition such other matters which would have been disclosed by an inspection of the Premises, Leased Property and enters into this Lease upon the basis of its own review, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING record title thereto or by an accurate survey thereof. LANDLORD MAKES NO WARRANTY OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIESREPRESENTATION, EXPRESS OR IMPLIED, ARE MADE BY LESSOR IN RESPECT OF THE LEASED PROPERTY OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMSPART THEREOF, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR EITHER AS THE FITNESS FOR A USE, DESIGN OR CONDITION FOR ANY PARTICULAR PURPOSEUSE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, WITH RESPECT TO THE LEASED PROPERTY OR ANY PORTION THEREOF, OR AS TO TITLE, IT BEING AGREED THAT ALL SUCH RISKS SHALL BE BORNE BY TENANT. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges To the extent permitted by law, however, Landlord grants and agrees that it has had an opportunity assigns to review and Tenant all of Landlord's rights to discuss with various agents and/or representatives proceed against any predecessor in title (other than HRPT) for breaches of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative warranties or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties for latent defects in the Leased Property. Landlord shall cooperate with Tenant in the prosecution of any kind such claims, in Landlord's or natureTenant's name, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premisesall at Tenant's sole cost and expense. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the PremisesTenant shall indemnify, and accepts this Lease subject thereto hold harmless Landlord from and to all matters disclosed thereby and against any loss, cost, damage or liability (including attorneys, fees) incurred by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or Landlord in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofconnection with such cooperation.

Condition of Premises. Lessor Except for latent defects not discoverable within ninety (90) days of the original execution date of the Lease, Tenant’s taking possession shall be conclusive evidence as against Tenant that the Premises were in good order and satisfactory condition when Tenant took possession. Landlord represents that the Building complies with all municipal ordinances and codes and satisfies the requisites of the Americans with Disabilities Act (ADA). Except for the foregoing, no promise of Landlord to alter, remodel or improve the Premises of the Building and no representation respecting the condition of the Premises or the Building have been made by or on behalf of Landlord to Tenant except to the extent expressly set forth herein or made a part hereof. Specifically, except for the foregoing, Tenant accepts Premises in an “as is” condition. A. It shall be Tenant’s obligation to determine whether the Premises comply with the appropriate governmental regulations for Tenant’s intended use. Landlord makes no warranty or representation as to the Premises’ suitability for any particular use. Lessee acknowledges Tenant shall make all repairs, alterations and other renovations (collectively the “Improvements”) of the Premises which are necessary to make the Premises fit for its occupancy and for the purposes described herein at its expenses and costs subject to Landlord paying Tenant a Tenant Improvement Allowance as provided in subsection (K) hereof. Such remodeling and renovation shall be undertaken in conformance with the provisions of this Section 4. B. Within thirty (30) days of beginning construction, Tenant shall submit to Landlord two sets of prints of office design drawings showing the desired design character and finishing of the Premises. C. If the design drawings are returned to Tenant with comments, but not bearing the approval of Landlord, such design drawings shall be immediately revised by Tenant and resubmitted to Landlord within three (3) days of receipt by Tenant. Landlord agrees that it has occupied its approval shall not be unreasonably withheld. D. Promptly following the date on which the design drawings bearing Landlord’s approval (with or without suggested modifications) are returned to Tenant, Tenant, at its sole cost and familiarized itself expense, shall cause working drawings and specifications (the “Plans”) for the Premises based on the design drawings as approved by Landlord to be prepared. E. Landlord shall review the Plans and shall notify Tenant, within three (3) days of receipt of the Plans, of the matters, if any, in which the Plans fail to conform to the approved design drawings or otherwise fail to meet with Landlord’s approval. Landlord agrees that is approval shall not be unreasonably withheld. F. Construction of the Improvements shall be completed in accordance with the Premises Plans approved by Landlord, shall be carried out in a good, workmanlike and has had adequate opportunity prompt manner, shall comply with all applicable statutes, laws, ordinances, regulations, rules, orders and requirements of the authorities having jurisdiction thereof, and shall be subject to investigate inspection and inspect monitoring by Landlord. G. Immediately following Landlord’s approval of the Plans, Tenant shall obtain all permits and other governmental approvals required for construction of the Improvements. H. Prior to the commencement of construction of the Improvements, Tenant shall provide Landlord with the following: (i) Certification showing evidence of insurance as required by all sections of the Lease for both Tenant and Tenant’s contractors. Such certificates shall state that the required coverage shall remain in force for the duration of construction. (ii) Copy of all required building and/or special permits and approvals issued by the appropriate governmental authorities for the Improvements. I. Upon completion of construction of the Improvements and prior to opening for business, Tenant shall provide Landlord with the following: (i) A copy of the certificate of occupancy. (ii) Lien waivers or substitution documentation acceptable to the title company facilitating draw requests from all contractors, subcontractors and material suppliers. J. Any roof penetration shall be performed only by Landlord’s contractors. Work performed by any other contractor will void roof warranty and be deemed a default under the Lease. K. Tenant shall be entitled to install a generator within the Building’s mechanical room, subject to satisfying Village of Arlington Heights’ code requirements. Landlord shall have no responsibility with respect to such generator, and Tenant shall remove same upon termination of the Lease and restore the area to the condition existing at the time of Lease execution, reasonable wear and tear excepted. In the event another tenant requests the right to install a generator for its premises and such request causes Landlord to increase the size of the mechanical room thereby reducing underground parking, Tenant’s right to park within the indoor parking area shall be reduced accordingly to accommodate the larger mechanical room. L. Landlord agrees to pay Tenant a construction allowance not to exceed One Million Six Hundred Thirty-Six Thousand Two Hundred Eighty and 54/100 Dollars ($1,636,280.54) of Tenant’s documented cost to improve the Premises (“Tenant Improvement Allowance”). Tenant may make periodic draw requests (not to exceed three (3) draws during construction of the Improvements). Provided that no Event of Default exists under this Lease at the time a draw is requested, said amount will be paid to Tenant within thirty (30) days after Tenant furnishes Landlord and title company disbursing such funds, the following: (i) Sworn statement from contractor and subcontractor to owner from Tenant listing all contractors and suppliers Tenant contracted with in connection with the work being paid for with such draw, together with the cost of each contract, all in a form reasonably acceptable to the title company. (ii) Mechanic’s lien releases from the general contractor and all other contractors and suppliers who have performed work or furnished supplies (or substitution documentation acceptable to the title company facilitating draw requests) for or in connection with Tenant’s work at the Premises for which payment is being sought (including all parties listed in the affidavits referenced in subsection L(i) above) or otherwise provides evidence that all sums due and payable to such parties have been paid. (iii) To the extent Tenant does not spend the entire Tenant Improvement Allowance on construction of the Premises, and enters into this Lease upon the basis of its own reviewsuch amount may be used toward furniture, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review telecommunications equipment and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations includingextent there is any remaining amounts not used, without limitation, environmental laws and regulations to which the Premises are or such amount may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as applied to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofRent next due.

Condition of Premises. Lessor makes no warranty Except as specifically set forth herein, Landlord shall not be obligated to provide or representation as pay for any improvement work or services related to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect the condition improvement of the Second Expansion Premises, and enters into this Lease upon Tenant shall accept the basis Second Expansion Premises in its presently existing, “as-is” condition. In addition, Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of its own reviewthe Existing Premises, and is leasing Tenant shall continue to accept the Existing Premises in their its presently existing, “AS ISas-is” condition. Notwithstanding the foregoing, WHERE IS” CONDITION WITH ALL FAULTSLandlord shall construct the improvements in the Existing Premises and Second Expansion Premises pursuant to the terms of the Tenant Work Letter attached hereto as Exhibit B (the “Tenant Work Letter”). Landlord shall deliver the Second Expansion Premises to Tenant in good, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTIONvacant, RENOVATIONbroom clean condition with the roof (and roof membrane) water-tight and shall cause the Building Systems (as that term is defined in Section 7.3 of the Original Lease) serving the Second Expansion Premises to be in good operating condition and repair (all of the foregoing, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERSthe “Delivery Condition”) on or before the Second Expansion Commencement Date. Further, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTSLandlord shall redeliver the Existing Premises to Tenant on or before the Existing Premises Recommencement=Date. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASENotwithstanding anything in the Lease to the contrary, NO WARRANTIESin connection with the foregoing Landlord shall, EXPRESS OR IMPLIEDat Landlord’s sole cost and expense (which shall not be deemed an Operating Expense), ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMSrepair or replace any failed or inoperable portion of the such Building Systems serving the Second Expansion Premises (or the Existing Premises, INCLUDING BUT NOT LIMITED TOas the case may be) during the first twelve (12) months of the Second Expansion Term (or, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEfor the Existing Premises, the first twelve (12) months after the Existing Premises Recommencement Date) (“Warranty Period”), provided that the need to repair or replace was not caused by the misuse, misconduct, damage, destruction, and/or negligence of Tenant, its subtenants and/or assignees, if any, or any company which is acquired, sold or merged with Tenant (collectively, “Tenant Damage”), or by any modifications, Alterations or improvements constructed by or on behalf of Tenant (except for the Tenant Improvements). LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges Landlord shall coordinate such work with Tenant and agrees that it has had an opportunity shall utilize commercially reasonable efforts to review and perform the same in a manner designed to discuss minimize interference with various agents and/or representatives of Lessor the environmental condition ▇▇▇▇▇▇’s use of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations includingTo the extent repairs which Landlord is required to make pursuant to this Section 6 are necessitated in part by Tenant Damage, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination then Tenant shall reimburse Landlord for an equitable proportion of the applicability and effect cost of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofrepair.

Condition of Premises. Lessor makes no warranty or representation as to the Premises. A. Lessee acknowledges and agrees that it has occupied and familiarized itself with inspected the Premises and has had adequate opportunity knows the extent and condition thereof and accepts same in its present condition, subject to investigate and inspect the condition of including all defects, latent or patent. Lessee will keep and maintain the Premises, and enters into this Lease upon the basis of its own reviewimprovements, and is leasing the Premises fixtures in their “AS ISa clean, WHERE IS” CONDITION WITH ALL FAULTSsafe, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAWand orderly condition at all times. Lessee further acknowledges and agrees that it has had an opportunity shall not commit or suffer to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease committed any waste upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, improvements, and accepts fixtures or commit or allow any nuisance or other act which may disturb or interfere with the Airport, its surroundings, the departure and arrival of aircraft, or other aircraft operations and uses. If Lessee shall fail to perform the obligations under this paragraph, after 21 days written notice setting forth such failure, then City shall have the right to perform the same and to charge Lessee therefor, and Lessee shall pay the City such costs upon City's demand. A written condition report of the Lease property will be notated in a walk through with Lessor and Lessee to define “as-leased” condition. A document produced from that walk through will be attached to this Lease subject thereto Agreement as Exhibit B. B. Lessee shall not, nor allow any other person to, park or keep any vehicle (other than aircraft), motor home, trailer, boat, or other recreational vehicle or inoperable vehicle on the assigned Premises without City’s advance written consent. Lessee may park operational airport work vehicles in the outside area noted in the Lease Agreement. C. Lessee shall not use, keep, store or place in or on the Premises any petroleum products or any materials that are in any way hazardous, toxic, radioactive or explosive, except those which are necessary and appropriate to all matters disclosed thereby accomplish the purpose of this Lease Agreement. All such materials shall be used, stored, handled, dispensed and disposed of as required by applicable governmental regulations and laws. Any spills of such materials by Lessee anywhere on the Airport shall be immediately reported to the Aviation/Transportation Administrator and cleaned up by Lessee, at Lessee's sole expense, in accordance with standards of the industry and applicable governmental regulations and laws. D. Lessee shall be allowed to place signage on the hangar for commercial purposes both for aircraft visibility and vehicle visibility. Lessee shall not construct or place signs, awnings, marquees, advertising, or promotional structures upon the Premises or Airport without the prior written permission of the Aviation/Transportation Administrator. Such permission shall not be unreasonably withheld but must meet City standards. If Lessee fails to remove any exhibits attached hereto. such signs, displays, advertisements or decorations within twenty-four (24) hours after written notice from City, then City may remove them at Lessee's sole expense. E. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting Lessee will not permit or suffer any computers, that are located on or in liens of any kind to be filed against the Premises as a result of the date hereof any obligation, malfeasance, negligence, or omission of Lessee, and that Lessee shall remain on the Premises as diligently take all necessary and when Lessee evacuates the Premises on the Termination Date or proper steps to remove and discharge any extension thereofliens which are filed.

Condition of Premises. Lessor makes no warranty or representation Subject to Landlord's obligation to perform Landlord's Work, the Premises will be accepted by Tenant on the Possession Date in its “as to is”, “where is” condition and configuration. By taking possession of the Premises. Lessee acknowledges and , Tenant agrees that it has occupied and familiarized itself with Landlord's Work is substantially completed, subject only to Punch List Items (defined below), the Premises are in good order and has had adequate opportunity to investigate satisfactory condition, and inspect that other than Landlord's Work, there are no representations or warranties by Landlord regarding the condition of the Premises, the Building or any other part of ▇▇▇▇▇▇▇▇ Center. Notwithstanding anything to the contrary contained herein, Landlord represents to Tenant that on the Possession Date, the Premises will be structurally sound and enters into free of water leaks, and that the mechanical equipment serving the Premises will be in good working condition and repair. Landlord further covenants that Landlord's Work shall be constructed in accordance with all Laws and in a good and workmanlike manner using new materials of a quality that is at least equal to the Landlord's minimum standard for the Office Area. For purposes of this Lease Lease, “substantial completion” and/or “substantially completed” shall mean that Landlord's Work is completed to such an extent that Tenant can take possession of the Premises and either (i) utilize same for the use intended hereunder or (ii) begin performing Tenant's Work (so long as Tenant has an permit for Tenant's Work), as evidenced by a certificate of Landlord's architect. Tenant and Landlord shall, within ten (10) days after Landlord advises Tenant that Landlord's Work is substantially completed, conduct a walk through inspection of the Premises to create a punch list of items that still need to be completed notwithstanding that Landlord's Work is otherwise substantially completed (which items are called “Punch List Items”). Once the parties have agreed upon the basis Punch List Items, Landlord shall have thirty (30) days thereafter to complete such items. In the event of its own reviewany dispute as to whether, or when, Landlord's Work has achieved substantial completion, the statement of Landlord's architect that Landlord's Work has achieved substantial completion shall be presumed correct. In the event Tenant does not accept (or disputes) the statement of Landlord's architect, then within ten (1 0) days after Tenant's receipt of Landlord's notice that Landlord's Work is substantially completed, Tenant shall advise Landlord, in writing, in detail of those items of Landlord's Work that Tenant alleges are not substantially completed and the name of the architect it is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity appointing to review the dispute (provided that Tenant shall have the burden of proof to overcome the presumption that Landlord's architect's certification is correct). During the fifteen (15) days following Tenant's written notice to Landlord that Landlord's Work is not substantiality complete, Tenant and Landlord agree to discuss with various agents and/or representatives use good faith efforts to resolve the dispute regarding whether, or when, Landlord's Work has achieved substantial completion. If, during said fifteen (15) days, the parties are unable to resolve the dispute, then both Tenant and Landlord shall mutually select a third party architect (the “Third Party Architect”) to determine whether, or when, Landlord's Work has achieved substantial completion. If the parties are unable to mutually agree on said Third Party Architect, then both Tenant and Landlord shall each select an architect and the two architects shall then select the Third Party Architect to make such determination. The Third Party Architect's determination of Lessor whether, or when, Landlord's Work has achieved substantial completion shall be conclusive and binding on both Tenant and Landlord hereunder. Each party shall pay the environmental condition costs and expenses, if any, of their architect and the cost of the Premises. Lessee has investigated Third Party Architect shall be shared equally between Tenant and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofLandlord.

Condition of Premises. Lessor makes no Except as set forth in this Lease, Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty or representation as with respect to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect the condition of the Premises, and enters into this Lease upon the basis of its own reviewBuildings or the Project, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss or with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as respect to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use suitability of the Premises, and accepts the Buildings or the Project for the conduct of Tenant's business. Except as set forth in this Lease subject thereto and Lease, Tenant acknowledges that Tenant agrees to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in accept the Premises in its condition "as is" as of the date hereof shall remain on Execution Date, subject to the provisions of this Section 5, the Work Letter and Landlord’s ongoing repair and maintenance obligations. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises as have not undergone inspection by a Certified Access Specialist (CASp). Notwithstanding anything above to the contrary, during the first twelve (12) months of the Lease Term, Landlord will ensure that the base, shell and when Lessee evacuates core of the Building serving the Premises (including the mechanical, electrical, HVAC and plumbing systems), based solely on a typical, legally compliant occupancy of the Termination Date or Premises based on Tenant's Permitted Use of the Premises, is in good condition, and in the event of any extension thereofbreach of the foregoing warranty, Landlord shall be responsible, at its sole cost and expense, which shall not be included in Operating Expenses, for correcting such defects as soon as reasonably possible after receiving notice thereof from Tenant’ provided, however, that if Tenant fails to give Landlord written notice of any items described above within twelve (12) months after the Term Commencement Date, then the correction of any such items shall, subject to Landlord’s repair obligations in this Lease, be Tenant’s responsibility at Tenant’s sole cost and expense; provided, however, that with respect to any HVAC units which Landlord is not replacing (as described below) then such warranty shall apply to the entire seventy-two (72) month initial Lease Term. As part of the Tenant Improvement work, Landlord shall replace eight (8) of the existing HVAC units serving the Premises (all as described on Exhibit G attached hereto) ensure that the remaining units are in good working order as of the Term Commencement Date.

Condition of Premises. Lessor makes no warranty or representation as 2.01. Landlord, at Landlord's sole cost and expense, shall perform the work in and to the PremisesDemised Premises described in Exhibit B annexed to this Lease (the "Workletter"). Lessee Tenant acknowledges that the Workletter represents the agreement of Landlord and agrees that it has occupied and familiarized itself with Tenant concerning all work to be performed by Landlord in the Demised Premises and has had adequate opportunity that any work not specifically delineated in the Workletter shall not be performed by Landlord. Landlord reserves the right to investigate and inspect make such changes and/or substitutions in the condition of the Premises, and enters into this Lease upon the basis of its own review, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or Workletter as may be subject and enters into this Lease upon required by any governmental agency having jurisdiction over the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations Demised Premises or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereofmay be required by site conditions, subject to all applicable zoningTenant's written approval, municipal, county and state laws, ordinances and regulations governing and regulating the use which approval shall not be unreasonably withheld or delayed. All of the Premisesfacilities, materials and accepts this Lease subject thereto work to be furnished, installed and performed by Landlord in the Demised Premises pursuant to all matters disclosed thereby the Workletter are referred to herein as "Landlord's Work". Any upgrades or additional work not included in the Workletter and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computersamendments or addendums thereto, that are located on Tenant requests Landlord to perform shall not be deemed a portion of Landlord's Work and may be performed by Landlord after payment by Tenant of the cost of such upgrades or additional work in cash, electronic funds transfer ("EFT") or by check, as directed by Landlord; it is expressly understood and agreed that Landlord shall have no obligation whatsoever to perform any such additional work, except as stated expressly in the Workletter and any amendments or addendums thereto, unless the same is required for the issuance of the certificate of occupancy for the Original Premises and for the Expansion Space, as the same is applicable. Attached hereto as Exhibit "T" is a list of Tenant's requested upgrades or additional work that Landlord has agreed as of the date hereof to perform. Landlord shall not be obligated to accept any additional requests from Tenant for additional work in the Demised Premises except as set forth on Exhibit "T". 2.02. Landlord's Work for the Original Premises and/or the Expansion Space shall be deemed to have been substantially completed notwithstanding that minor or insubstantial details of construction, decoration or mechanical adjustment and/or minor "punch list" items remain on to be performed, provided that (x) any and all required life safety systems (as hereinafter defined) in connection with the issuance of certificate of occupancy for the respective space are installed and properly functioning; (y) the aggregate cost of the "punch list" items for the Original Premises does not exceed One Hundred and Forty Thousand ($140,000) Dollars and the aggregate cost of the "punch list" items for the Expansion Space does not exceed Forty Thousand ($40,000) Dollars; and (z) the Original Premises or Expansion Space, as the same is applicable, are accessible and reasonably usable for the conduct of Tenant's business. Landlord shall provide Tenant with ten (10) days prior written notice of when Lessee evacuates it will have substantially completed the (i) Original Premises on and (ii) the Termination Expansion Space.. If Landlord shall be delayed in substantially completing Landlord's Work as a direct result of any act, neglect, failure or omission of Tenant, its agents, servants, employees, contractors, or subcontractors such delay shall be deemed a "Tenant Delay". A Tenant Delay shall include, without limitation, the following items: (i) Tenant's failure to supply necessary information requested by Landlord necessary to substantially complete the Demised Premises after written request by Landlord; or (ii) Tenant's untimely request for materials, finishes or installations other than as set forth in the Workletter which are not readily available at the time Landlord is ready to install same or are not consistent with the Workletter or the Tenant Upgrades; or (iii) Tenant's changes in drawings, plans or specifications for Landlord's Work in the Demised Premises pursuant to the Workletter which would require Landlord to either refile or amend its filings with the Building Department. 2.03. Tenant shall pay to Landlord a sum equal to any reasonable additional cost to Landlord (i.e., the total cost incurred by Landlord for labor, materials and engineering in excess of the aggregate costs which Landlord would have incurred to complete Landlord's Work if there had been no Tenant Delay) in completing Landlord's Work resulting from any Tenant Delay. Any such sums shall be paid to Landlord within thirty (30) days after Tenant receives Landlord's invoices therefor. Such costs shall be collectible in the same manner as additional rent whether or not the term of this Lease shall have commenced, and in default of payment thereof, Landlord shall (in addition to all other remedies) have the same rights as in the event of default of payment of Fixed Annual Rent. 2.04. If the occurrence of the Commencement Date shall be delayed by direct result of any Tenant Delay, the Commencement Date shall be accelerated by the number of days of such Tenant Delay. 2.05. Tenant, by entering into possession of the Original Premises and/or the Expansion Space for the conduct of its business, shall be deemed to have conclusively agreed that Landlord has performed all of its obligations hereunder solely with respect to Landlord's Work with respect to applicable space, and that the Original Premises and/or the Expansion Space are in satisfactory condition as of the date of such possession, except for latent defects and items remaining to be performed by Landlord pursuant to Section 2.01 above and subject to the one (1) year warranty given to Tenant by Landlord as set forth in Article 7. 2.06. Notwithstanding anything to the contrary contained herein, (a) if Tenant provides Landlord with an approved Plan for the Original Premises by June 20, 2005 (TIME BEING OF THE ESSENCE), and Landlord fails to deliver possession to Tenant of the Original Premises in the condition required by this Lease by (i) October 15, 2005, Tenant shall be entitled to a rent abatement equal to one (1) day of Fixed Annual Rent for the Original Premises for each day thereafter that Landlord fails to so deliver the Original Premises to Tenant, or any extension thereof(ii) November 1, 2005, Tenant shall be entitled to a rent abatement equal to two (2) days of Fixed Annual Rent for the Original Premises for each day thereafter that Landlord fails to so deliver the Original Premises to Tenant; or (b) if Tenant fails to deliver to Landlord an approved Plan for the Original Premises by June 20, 2005, (i) Landlord's time to complete the Original Space shall be extended for two (2) days for each day that Tenant fails to so deliver the approved Plan to Landlord, and (ii) Tenant shall forfeit one (1) day of Holdover Rent (as defined in Article 44) for each day after June 20, 2005 that Tenant fails to so deliver the approved Plan to Landlord.

Condition of Premises. Lessor makes no warranty or representation as 1.4.1 Landlord shall deliver the Premises to Tenant in a clean condition on the PremisesLease Commencement Date (unless Tenant is already in possession) and Landlord warrants to Tenant that the plumbing, lighting, air conditioning, and heating system in the Premises shall be in good operating condition. Lessee acknowledges and agrees In the event that it is determined that this warranty has occupied and familiarized itself been violated, then it shall be the obligation of Landlord, after receipt of written notice from Tenant setting forth with specificity the Premises and has had adequate opportunity nature of the violation, to investigate and inspect promptly, at Landlord's sole cost, rectify such violation. Tenant's failure to give such written notice to Landlord within ninety (90) days after the condition Lease Commencement Date or the date that Tenant takes possession of the Premises, and enters into this Lease upon whichever is earlier, shall result in the basis conclusive presumption that Landlord has complied with all of its own reviewobligations hereunder, and is leasing that the Premises are fully completed and are suitable for Tenant's Purposes, that the Building and every part of it, including the Premises, are in their “AS ISgood and satisfactory condition. 1.4.2 Landlord warrants to Tenant that the Premises, WHERE IS” CONDITION WITH ALL FAULTSin the state existing on the date that the Lease Term commences, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTIONbut without regard to alterations or improvements made by Tenant or to the use for which Tenant will occupy the Premises, RENOVATIONdoes not violate any covenants or restrictions of record, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERSor any applicable law or ordinance in effect on the Lease Commencement Date, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTSthat would substantially and adversely affect the operation and profitability of Tenant's business conducted from the Premises. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees In the event that it is determined that this warranty has had an opportunity been violated, it shall be the obligation of Landlord, after receipt of written notice from Tenant setting forth with specificity the nature of the violation, to review and promptly, at Landlord's sole cost, rectify such violation. Tenant's failure to discuss with various agents and/or representatives of Lessor give such written notice to Landlord within thirty (30) days after the environmental condition Lease Commencement Date or the date that Tenant takes possession of the Premises. Lessee , whichever is earlier, shall result in the conclusive presumption that Landlord has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis complied with all of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or natureobligations hereunder. 1.4.3 Except as otherwise provided in this Lease, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee Tenant hereby accepts the Premises and the Building Project in their condition existing as of the Lease Commencement Date or the date hereofthat Tenant takes possession of the Premises, whichever is earlier, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and any easements, covenants or restrictions of record, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees Tenant acknowledges that all furniture, equipment, machinery and all other personal property, excepting any computers, it has satisfied itself by its own independent investigation that are located on or in the Premises are suitable for its intended use, and that neither Landlord nor Landlord's agent or agents have made any representation or warranty as to the present or future suitability of the date hereof shall remain on Premises, Common Areas, or Building Project for the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofconduct of Tenant's business.

Condition of Premises. Lessor makes no warranty or representation Sublandlord represents and warrants to Subtenant that, on the date hereof, to Sublandlord’s actual knowledge, without investigation, the roof of the Building does not leak and the Premises do not violate any applicable building code. Sublandlord shall deliver (a) the Initial Premises (including the Data Room, but excluding the Lab Space) to Subtenant in vacant, broom clean condition, decommissioned, and with the plumbing, electrical systems, fire sprinkler system, elevator system, lighting, air conditioning, heating and all other building systems serving the Premises in good operating condition and repair, (b) the Expansion Premises to Subtenant in vacant, broom clean condition and decommissioned, and (c) the Lab Space to Subtenant in vacant, broom clean condition and decommissioned (in each case, as to otherwise in substantially the Premisessame condition as of the date of this Sublease, the “required condition”). Lessee acknowledges and agrees that it Subtenant has occupied and familiarized itself with inspected the Premises and has had adequate opportunity to investigate and inspect the condition of the Premisesall improvements located therein, and enters into this Lease upon the basis of its own review, and is leasing has agreed to accept the Premises in their an “AS IS, WHERE AS-IS” CONDITION WITH ALL FAULTScondition, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of in its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, of this Sublease subject to all applicable zoning, municipal, county county, state and state federal laws, ordinances and regulations governing and regulating the use and occupancy of the Premises, and accepts this Lease the Sublease subject thereto and to all matters disclosed thereby thereby, without warranty or representation concerning the same, except as set forth in the first and by second sentences of this Section 8. Except as may be required to comply with the terms of the Master Lease that Subtenant is not yet obligated to perform or to comply with the delivery obligations in the second sentence of this section, Sublandlord shall have no obligation whatsoever to make or pay the cost of any exhibits attached hereto. Lessee hereby agrees that all furniturealterations, equipmentimprovements or repairs to the Building, machinery and all other personal propertythe Common Areas or the Premises, excepting including without limitation any computersimprovement or repair required to comply with any law, regulation, building code or ordinance (including without limitation the Americans with Disabilities Act of 1990); provided, however, that are located on or in Sublandlord’s obligation to deliver the building systems serving the Premises in good working order as required under the first (1st) sentence of this Section 8 shall include the date hereof shall remain on obligation to perform the Premises as and when Lessee evacuates work described in Exhibit F before the Premises on the Termination Date or any extension thereofDelivery Date.

Condition of Premises. Lessor makes no (a) Tenant acknowledges that except as may be expressly provided herein, if at all, neither Landlord nor any agent of Landlord has made any representation or warranty or representation as with respect to the PremisesPremises or the Building or with respect to the suitability of any part of the same for the conduct of Tenant’s business. Lessee acknowledges and agrees Except as expressly set forth in Section 2.05(b) below, the taking of possession of the Premises by Tenant shall conclusively establish that it has occupied and familiarized itself with the Premises and has had adequate opportunity the Building were at such time in a good and sanitary order, condition and repair acceptable to investigate Tenant. However, notwithstanding anything to the contrary, Landlord shall as of the Commencement Date deliver the Premises to Tenant (i) in compliance with all applicable laws, codes, ordinances and inspect regulations; (ii) broom clean; and (iii) free and clear of other tenants and occupants, and their personal property. (b) Tenant shall notify Landlord in writing within nine (9) months after the Commencement Date of any defects in the Premises or in the materials or workmanship furnished by Landlord, if any. Except for defects stated in such notice, and subject to Landlord’s delivery, repair and maintenance obligations under this Lease, Tenant shall be conclusively deemed to have accepted the Premises “AS IS” in the condition existing on the date Tenant first takes possession and to have waived all claims relating to the condition of the Premises, and enters into this Lease upon . Landlord shall proceed diligently to correct the basis of its own review, and is leasing defects stated in such notice that render the Premises in their “AS ISunsafe or unsuitable for therein permitted uses unless Landlord reasonably disputes the existence of any such defects. No agreement of Landlord to alter, WHERE IS” CONDITION WITH ALL FAULTSremodel, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTIONdecorate, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges clean or improve the Premises or the Real Property and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor no representation regarding the environmental condition of the Premises. Lessee Premises or the Real Property has investigated and has knowledge been made by or on behalf of operative or proposed governmental laws and regulations includingLandlord to Tenant, without limitation, environmental laws and regulations to which the Premises are or except as may be subject and enters into specifically stated in this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofWorkletter.

Condition of Premises. Lessor makes no Tenant has accepted possession of the Premises in an “AS-IS” condition without any representation or warranty or representation as to of Landlord. By the Premises. Lessee execution of this Lease, Tenant acknowledges and agrees that it has occupied completed any and familiarized itself with the Premises and all due diligence that it deems necessary in order to enter into this Lease. Tenant acknowledges that it has had adequate opportunity the advice of such independent professional consultants and experts as it deems necessary in connection with its investigation and study of the Premises, and has, to investigate and inspect the extent it deemed necessary, independently investigated the condition of the Premises, including the soils, hydrology and enters into this Lease upon the basis of its own reviewseismology thereof, and is leasing the Laws relating to the construction and operation of the Improvements, including environmental, zoning and other land use entitlement requirements and procedures, height restrictions, floor area coverage limitations and similar matters, and has not relied upon any statement, representation or warranty of Landlord of any kind or nature in connection with its decision to execute and deliver the Lease and its agreement to perform the obligations of Tenant hereunder except as expressly set forth in this Lease. Landlord makes no warranty as to the suitability of the Premises in their “AS ISfor Tenant’s proposed development, WHERE IS” CONDITION WITH ALL FAULTSconstruction or use, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTIONas permitted by this Lease. Landlord makes no covenants or warranties respecting the condition of the soil, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental subsoil or any other condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which Tenant acknowledges that the soil on the Premises are may or may not be subject suitable for the purposes intended by Tenant or be of such character and enters into this Lease upon the basis of its review and determination condition so as to require special engineering for construction of the applicability and effect of such laws and regulationsImprovements. Lessee acknowledges that Lessor expressly disclaims Landlord shall not be responsible for any representations land subsidence, slippage, soil instability or warranties of damage resulting therefrom. Landlord shall not be required or obligated to make any kind changes, alterations, additions, improvements or naturerepairs in, express on, under or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of about the Premises. Lessee hereby accepts the Premises in their condition existing as In addition, Landlord has made no representation or warranty that it will develop any of the date hereofits other property, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of whether or not adjoining the Premises, and accepts this Lease subject thereto and for any specific use. With respect to all matters disclosed thereby the foregoing, and by any exhibits attached hereto. Lessee hereby agrees that all furnitureinitialing below, equipmentTenant expressly waives the provisions of California Civil Code Section 1542, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereof.which provides:

Condition of Premises. Lessor makes no warranty or representation Except as otherwise agreed to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with in writing, Tenant's taking possession of the Premises shall be conclusive evidence as against the Tenant that the Premises were in good order and has had adequate opportunity satisfactory condition when the Tenant took possession, subject to investigate punch list items and inspect latent defects. No promise of the Landlord to alter, remodel, repair or improve the Premises or the Building and no representation respecting the condition of the PremisesPremises or the Building have been made by Landlord to Tenant, other than as may be contained herein or in a separate agreement signed by Landlord and enters into Tenant. Tenant shall, at the termination or expiration of this Lease or upon the basis of its own review, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use Tenant's abandonment of the Premises, (i) surrender the Premises to Landlord in broom-clean and accepts in good condition and repair - normal wear and tear, casualty and condemnation excepted, and if not returned to Landlord in broom-clean and good condition (normal wear and tear, casualty and condemnation excepted), then Tenant shall pay Landlord the cost to restore the Premises to broom-clean and good condition and repair thereof on Landlord's demand; (ii) return all keys to Landlord; (iii) at its sole expense, remove any of Tenant's equipment which may cause contamination of the property; (vi) clean up any existing contamination caused by Tenant or Tenant's employees, agents, contractors, or invitees in compliance with all Environmental Requirements; and (v) leave the Premises totally free of any contamination caused by Tenant or Tenant's employees, agents, contractors or invitees. Landlord warrants that to the best of Landlord's knowledge and based on an environmental assessment performed by an independent company that the Project on the date of the execution of this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the date possession of the Premises as is given the Tenant is free of the date hereof any environmental contamination. Tenant shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date not be responsible for any contamination not caused by Tenant, its employees, agents, contractors, or any extension thereofinvitees.

Condition of Premises. Lessor makes no warranty or representation as to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with the Premises and Tenant has had adequate an opportunity to investigate and inspect the condition of the Premises, Premises and enters into this Lease upon the basis of its own review, and is leasing agrees to accept the Premises in their “AS IS, WHERE ISas is” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereofof this Lease, without any obligation on the part of Landlord to improve, alter, repair or clean the Premises in any way for Tenant’s occupancy hereunder, except as otherwise expressly provided herein. Notwithstanding the foregoing: (a) Landlord shall deliver the Premises and all Building systems and existing improvements in “as is” condition, except that Landlord shall, at Landlord’s sole expense, perform all work necessary to cause the following (collectively, “Landlord’s Work”) to be true as soon as practicable after the Construction Access Date (and in all events prior to the Rent Commencement Date, in all material respects, subject only to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the completion of punch list items that do not materially impair Tenant’s use of the Premises) and to remain true through the date which is six (6) months after the Rent Commencement Date; provided, however, that to the extent any of the following becomes untrue after delivery of Landlord’s Completion Notice (as defined below) as a result of any modifications or improvements made by Tenant or its contractors (subject to the provisions of Section 2.3(e) below), or as a result of any damage occurring in the course of Tenant’s use or occupancy of the Premises (including [without limitation] damage arising from excessive use, misuse, negligence or willful misconduct by Tenant or its contractors or employees, or as a result of any failure by Tenant to observe reasonable and accepts customary preventive maintenance procedures, or from any other similar cause, but excluding any damage in the nature of ordinary wear and tear, which for purposes of this provision shall be construed to include [without limitation] system or equipment failures, defects or other operational deficiencies to the extent arising or occurring in the course of ordinary use and operation of Building systems and existing improvements in an ordinary and reasonable manner and not attributable to the kinds of aggravating factors listed at the beginning of this parenthetical), then Landlord shall not be responsible for correction of the applicable conditions under this Section 2.3 and the responsibilities of the parties with respect to the repair or correction of the applicable conditions shall instead be governed by Article 8 and any other applicable provisions of this Lease subject thereto other than this Section 2.3: (i) the Building roof shall be in good and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery watertight condition; (ii) the structural elements of the Building and all existing Building systems (including, but not limited to, mechanical, electrical, plumbing and life safety systems), utilities serving the Premises, Building glazing, Building roll-up doors (if any) and other personal property, excepting any computers, that are located on or existing improvements in the Premises shall be in good working condition and operable in their current locations (provided that nothing in this subparagraph (ii) shall require Landlord to perform any seismic upgrade of the Building structure which is not otherwise required under applicable law); (iii) the walkways, parking lots, driveways and landscaping in the Common Areas shall be in good working condition; (iv) the Premises and existing improvements therein, as delivered to Tenant, shall comply and conform with all applicable laws, ordinances, regulations and building codes (including, but not limited to, the Americans with Disabilities Act (“ADA”)). and (v) Landlord shall have Substantially Completed construction of those portions of the Service Annex designated for exclusive or shared use by the occupant of the Building, including all systems and improvements reasonably required for the contemplated use thereof, in accordance with Section 2.3(d) below. To the extent it is not reasonably practicable for Landlord’s Work to be completed by the Construction Access Date, Landlord shall thereafter continue to proceed diligently and with reasonable efforts to complete Landlord’s Work as promptly as practicable thereafter, and Landlord and Tenant shall continue to cooperate reasonably and in good faith with one another (and cause their respective consultants and contractors to cooperate reasonably and in good faith with one another) in the manner described in Section 2.2 above in connection with the concurrent performance of their respective work in the Building. Following Landlord’s written notice to Tenant that Landlord has completed Landlord’s Work and is delivering the Premises and the existing Building systems and improvements in the condition required above in this paragraph (“Landlord’s Completion Notice”), Tenant shall thereafter during the term of this Lease be responsible (subject, however, to any corrective obligations of Landlord as expressly set forth in this Section 2.3) for maintenance, repair and/or replacement of all such systems and improvements to the extent required in accordance with Article 8 hereof. Notwithstanding the preceding sentence, if Landlord’s obligations with respect to Landlord’s Work under this paragraph are violated in any respect, then it shall be the obligation of Landlord, after receipt of written notice from Tenant setting forth with specificity the nature of the violation, to correct promptly and diligently, at Landlord’s sole cost, the condition(s) constituting such violation; provided, however, that Tenant’s failure to give such written notice to Landlord regarding any alleged violation within six (6) months after the Rent Commencement Date shall give rise to a conclusive and irrebuttable presumption that Landlord has complied with all Landlord’s obligations under this paragraph. TENANT ACKNOWLEDGES THAT THE WARRANTIES AND/OR OBLIGATIONS CONTAINED IN THIS SECTION 2.3 ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PHYSICAL CONDITION OF THE PREMISES, BUILDING SYSTEMS AND EXISTING IMPROVEMENTS IN THE PREMISES, AND THAT LANDLORD MAKES NO OTHER WARRANTIES EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 2.3. (b) As set forth in the Workletter attached hereto as Exhibit B and incorporated herein by this reference (the “Workletter”), Landlord shall provide Tenant with a tenant improvement allowance in the amount of up to Ten Dollars ($10.00) per square foot, equivalent to an aggregate allowance of up to Four Hundred Fifty-Seven Thousand Nine Hundred Forty Dollars ($457,940) (the “Tenant Improvement Allowance”) towards the construction of Tenant Improvements by Tenant in the Premises. Tenant’s construction of such Tenant Improvements shall be governed by the provisions of Article 7 hereof and of the Workletter, and such Tenant Improvements shall be constructed in compliance with all of the provisions thereof (including, without limitation, all conditions relating to Landlord’s approval of plans and specifications), as well as the provisions of this Section 2.3. The Tenant Improvement Allowance shall not be used or useable by Tenant for any moving or relocation expenses of Tenant, or for any cost or expense associated with any moveable furniture, trade fixtures, personal property or any other item or element which, under the applicable provisions of this Lease, will not become Landlord’s property and remain with the Building upon expiration or termination of this Lease. Any portion of the Tenant Improvement Allowance which has not been claimed or drawn by Tenant within two (2) years after the Rent Commencement Date shall expire and shall no longer be available to Tenant thereafter. Additional conditions and procedures relating to the disbursement of the Tenant Improvement Allowance shall be as set forth in the Workletter or as otherwise reasonably prescribed in writing by Landlord. The Tenant Improvement Allowance is provided as part of the basic consideration to Tenant under this Lease and will not result in any rental adjustment or additional rent beyond the rental amounts expressly provided in Section 3.1 hereof, nor shall any expiration of any portion of the Tenant Improvement Allowance as provided above result in any credit against or other adjustment with respect to the rental amounts set forth in Section 3.1 hereof. (c) Landlord warrants to Tenant that the Premises as they exist on the date of Landlord’s Completion Notice, but without regard to Tenant’s improvements therein or to the particular use for which Tenant will occupy the Premises, shall not violate any covenants or restrictions of record, and shall comply and conform with all applicable laws, building codes, regulations and ordinances in effect on the date of Landlord’s Completion Notice. Tenant warrants to Landlord that the Tenant Improvements and any other improvements constructed by Tenant from time to time shall comply and conform with all applicable laws, building codes, regulations and ordinances in effect at the time such improvements are placed in service. Without limiting the generality of the foregoing, the parties acknowledge that Landlord shall be responsible for ADA and building code compliance and conformance for all improvements in the Building and Common Areas as they exist on the date of Landlord’s Completion Notice (except to the extent, if any, that the compliance and conformance of such improvements in the Building and/or Common Areas are affected by the improvements constructed by Tenant or by Tenant’s particular use of the Premises) and that Tenant shall be responsible for ADA and building code compliance required in connection with or as a result of improvements constructed by Tenant. If it is determined that any of these warranties has been violated, then it shall be the obligation of the warranting party, after written notice from the other party, to correct the condition(s) constituting such violation promptly, at the warranting party’s sole cost and expense. TENANT ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY SET FORTH IN THIS LEASE, NEITHER LANDLORD NOR ANY AGENT OF LANDLORD HAS MADE ANY REPRESENTATION OR WARRANTY AS TO THE PRESENT OR FUTURE SUITABILITY OF THE CENTER OR THE PREMISES FOR THE CONDUCT OF TENANT’S BUSINESS OR PROPOSED BUSINESS THEREIN. (d) As part of Landlord’s Work, Landlord shall construct in a good and workmanlike manner and in compliance with all applicable laws, ordinances, rules and regulations a combined service yard and loading area and related systems and improvements (collectively, the “Service Annex”) located in the area between the Building and the adjacent building located at ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (the “Adjacent Building”) and serving both the Building and the Adjacent Building. (i) The parties intend that the Service Annex will include (but not necessarily be limited to) appropriate areas for vehicle deliveries, trash and hazardous materials storage, future emergency generator areas, and an elevator suitable for freight/passenger use to serve second floor spaces in the Building and the Adjacent Building, and that the Service Annex will also include areas in which systems and equipment can be installed by or at the request of the respective tenants of the Building and the Adjacent Building to support their occupancy of and operations in the Building and the Adjacent Building, respectively. (ii) The approximate location of the Service Annex is shown on the Building Plan. Also shown on the Building Plan are two areas immediately adjacent to the Building, designated respectively as “Chemical Storage Enclosure” (the “Chemical Storage Area”) and “Emergency Generator Enclosure” (the “Emergency Generator Area”), which areas are for the exclusive use of the occupant of the Building and shall be deemed to be part of the Service Annex for purposes of Landlord’s construction obligations under this Section 2.3, but are not enclosed and are therefore not included in the calculation of the square footage of the Premises and/or of the Service Annex for purposes of any formulas or other calculations under this Lease that are based on the square footage of the Premises and/or of the Service Annex. (iii) As part of the design and development of the Service Annex, Landlord has designated various portions of the Service Annex for exclusive use by the occupant of the Building, for exclusive use by the occupant of the Adjacent Building, or for shared, nonexclusive use by the occupant of the Building and the occupant of the Adjacent Building. The interior layout of the Service Annex as presently under construction, including Landlord’s designation of shared areas and exclusive-use areas for the Building and the Adjacent Building, respectively, is shown on the Service Annex Plan. Landlord agrees that to the extent Tenant’s operations in the Building do not require installation of HVAC or other mechanical equipment in the area designated as “900 Mechanical Room” on the second floor layout contained in the Service Annex Plan, Tenant may use that exclusive use area for storage or other purposes reasonably ancillary to Tenant’s use and occupancy of the Building, subject to (A) compliance by Tenant, at Tenant’s expense, with all applicable laws, ordinances, regulations and requirements (if any) triggered by the particular nature of such alternative use, including (but not limited to) indicating Tenant’s proposed storage use on its drawings submitted to the City of Redwood City for the Tenant Improvements and obtaining an appropriate permit from the City of Redwood City for any construction work to be performed by Tenant in that area, and (B) Landlord’s prior written approval (which shall not be unreasonably withheld, conditioned or delayed, but may be conditioned upon restoration by Tenant at the termination or expiration of the term of this Lease, to the extent such a condition is contemplated or permitted under Article 7 of this Lease), to the extent Tenant’s proposed storage use involves construction of any improvements that would impair or otherwise be incompatible with use of such area as a mechanical room by any future tenant of the Building, or to the extent Tenant’s proposed storage use involves modification, removal or elimination of Building systems which have been installed by Landlord in such area or which would otherwise customarily be located in that area. (iv) The Service Annex as heretofore designed and as already under construction as of the date hereof shall remain on Lease Commencement Date has been determined by Landlord to contain a total of 7,988 square feet, measured from exterior faces of exterior walls and from the interior faces of common walls shared with the Building or the Adjacent Building. For purposes of measuring the square footage of the Premises under this Lease (including, but not limited to, measurements contemplated in Section 3.1(d) below), Landlord has allocated the square footage of the Service Annex between the Building and the Adjacent Building in the manner shown in the Service Annex Plan, and has determined that the portion of the Service Annex square footage allocable to the Building is 4,118 square feet and that the portion allocable to the Adjacent Building is 3,870 square feet, consisting in the case of each respective building of 50% of the square footage of shared use areas and 100% of the square footage of that building’s exclusive use areas. Landlord has shared the plans and square footage allocations for the Service Annex with Tenant, and the parties have mutually approved the foregoing square footage measurements and allocations and agreed that such measurements and allocations shall be final and binding for purposes of this Lease. (e) Paragraph 2(b) of the Workletter contains various specific provisions regarding the allocation of certain costs and of certain legal compliance responsibilities between Landlord and Tenant. The provisions of this Section 2.3 with respect to legal compliance responsibilities and expenses are subject to such specific allocation provisions set forth in the Workletter, which provisions are incorporated herein and shall be deemed to be part of this Section 2.3 as and when Lessee evacuates the Premises on the Termination Date or any extension thereofif fully set forth herein.

Condition of Premises. Lessor makes The Plans shall create no warranty responsibility or representation liability on the part of Landlord for the completeness of such plans or their design sufficiency; provided, however, Landlord shall warrant that as of the Commencement Date the Landlord Improvements will comply with all Applicable Law. Landlord shall have no obligation to Tenant for defects in design, workmanship, or materials of the Landlord Improvements, but shall use its reasonable best efforts to enforce the contractor's obligations therefore and shall, as appropriate under the terms of this Lease, assign to Tenant any manufacturer's warranties with respect to the Landlord Improvements. The Landlord Improvements shall be deemed substantially completed on the date on which Landlord delivers to Tenant either (a) an occupancy permit (permanent or temporary) from the governmental agency responsible for issuing the same, or (b) a certification from Landlord's architect or construction manager stating that the Premises are substantially complete and ready for occupancy in accordance with the Plans reasonably acceptable to Tenant ("Certification"), or that any remaining work fully described by the architect or construction manager on a "punch list" thereafter to be completed by the Landlord's contractor will not substantially adversely affect Tenant's ability to occupy the Premises. Lessee acknowledges Tenant shall approve or reasonably disapprove the Certification within two business days after submittal to Tenant. Tenant's failure to reasonably object within such two business day period shall be conclusively deemed approval of the Certification and agrees Premises by Tenant. Except for the punchlist, Tenant agrees, that it has occupied and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect the condition by taking possession of the Premises, and enters into this Lease upon it acknowledges that it has inspected the basis of its own reviewPremises, that they are in good condition, and is leasing that it accepts the Premises in their “AS ISthen current condition, WHERE IS” CONDITION WITH TENANT HEREBY WAIVES ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMSREGARDING THE CONDITION AND USE 0F THE PREMISES, INCLUDING INCLUDING, BUT NOT LIMITED TO, WARRANTIES TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity Landlord shall assign to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which Tenant any warranties for the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or naturefrom Landlord's contractor, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that extent such are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofassignable.

Condition of Premises. Lessor makes no warranty or representation as ‌ Tenant hereby acknowledges that this Lease is entered into by Landlord pursuant to the Premisesprovisions of California Streets and Highways Code Section 104.30 which identifies a temporary shelter/feeding program as a public use, and that authorization allows but does not mandate lease of highway airspace for temporary shelter/feeding program use. Lessee acknowledges The use of the Premises for a temporary shelter must be consistent with the Governor’s signing document enacting similar Streets and Highways Code sections and only be for temporary shelter use and not permanent housing. Such temporary use does not create a right of occupancy (Exhibit “B”). Further, any structure erected on the Premises by Tenant must be a temporary structure only and not permanent. ▇▇▇▇▇▇▇▇ has conducted no inspection of the Premises to determine suitability of the Premises for the intended use, and Tenant is solely responsible for conducting a sufficient inspection, prior to entering into this Lease, for determining the suitability of the Premises for its intended use. By signature of its authorized representative herein, Tenant hereby certifies and agrees that it has occupied and familiarized itself with conducted its own inspection of the Premises and has had adequate opportunity to investigate and inspect the condition of the Premises, and enters is entering into this Lease solely upon reliance of its own inspection and not on the basis of its own review, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTSany promises or obligations of Landlord other than those set forth herein. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee Tenant hereby accepts the Premises in their condition “AS-IS” condition, with all faults, both known and unknown, which would have been discovered in the course of a reasonable inspection, existing as of the date of the execution hereof, subject . Tenant has had an opportunity to inquire and discover all applicable zoning, municipal, county county, state and state federal laws, ordinances and regulations regulations, governing and regulating the use of the Premises, and accepts this Lease subject thereto without limitation. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of the Premises or the suitability thereof for the specified use; nor has Landlord agreed to undertake any modification, alteration or improvement to the Premises. Tenant acknowledges that Landlord specifically does not warrant fitness of the Premises for the specified use and specifically does not warrant the Premises fit for human habitation, whatsoever. Except as may be otherwise expressly provided in this Lease, the taking of possession of the Premises by Tenant shall constitute acknowledgement that the Premises are in good condition, and ▇▇▇▇▇▇ agrees to all matters disclosed thereby accept the Premises in their presently existing condition "AS-IS", and by that Landlord shall not be obligated to make any exhibits attached heretoimprovements or modifications thereto. Lessee Tenant is a political subdivision with the staff and resources necessary to investigate the condition of the Premises and hereby agrees and acknowledges that it has made a sufficient investigation of the condition of the Premises existing immediately prior to the execution of this Lease (including investigation of the surface, subsurface and groundwater for contamination and hazardous materials as defined in Section 5.6) and is satisfied that the Premises will safely support Tenant’s use and type of improvements, if any, to be constructed and maintained by Tenant upon the Premises. Tenant’s investigation sets a base line condition as documented in Exhibit “C” and shall be used to determine if improvements are required to make the Premises safe for homeless clients and facility staff. Investigation included a Phase I Environmental Site Assessment (ESA) (as defined in Exhibit “F”) reviewed and accepted by Landlord and any invasive sampling indicated by the results of the ESA or required by a regulatory agency with jurisdiction. Tenant hereby acknowledges and agrees that the Premises are otherwise fully fit physically for the uses required and permitted by this Lease and that ▇▇▇▇▇▇ accepts all furniturerisks associated therewith. Tenant acknowledges that (1) Landlord has informed Tenant prior to the commencement of the term of this Lease that Landlord does not know nor has reasonable cause to believe that any release of any hazardous material, equipmentother than the Aerially Deposited Lead (ADL) discussed below, machinery and all other personal property, excepting any computers, that are has come to be located on or beneath the Premises; (2) prior to the commencement of the term of this Lease, Landlord has made available to Tenant, for review and inspection, records in the possession or control of Landlord which might reflect the potential existence of hazardous materials on or beneath the Premises; (3) Landlord has provided Tenant access to the Premises for a reasonable time and upon reasonable terms and conditions for purposes of providing to Tenant the opportunity to investigate, sample and analyze the soil and groundwater on the Premises for the presence of hazardous materials and that upon discovery of hazardous materials, Tenant shall promptly disclose the information to Landlord and such information shall be listed in Exhibit “C”; (4) by signing this Lease Tenant represents to Landlord that, except for ADL and as otherwise may be stated in Exhibit “C” attached hereto and by this reference incorporated herein, Tenant does not know nor has reasonable cause to believe that any release of hazardous material has come to be located on or beneath the Premises; (5) the hazardous substances, other those listed in Exhibit “C”, which are introduced to the Premises, or exposed or disturbed, during Tenant’s period of use and possession as tenant of the Premises shall be completely remediated and removed by Tenant at no cost or expense to Landlord and in full compliance with all applicable laws, regulations, permits, approvals and authorizations; and (6) the hazardous substances, other than those listed in Exhibit “C”, which are found on the Premises during Tenant’s use, possession, or development of the Premises shall be completely remediated and removed by Tenant at no cost or expense to Landlord and in full compliance with all applicable laws, regulations, permits, approvals and authorizations. The term “hazardous substance,” as used herein, has the same meaning as that definition under Section 25316 of the California Health and Safety Code. ▇▇▇▇▇▇ agrees that, except as otherwise expressly provided in this Lease, Tenant is solely responsible without any cost or expense to Landlord to take all actions necessary, off as well as on the Premises, to improve and continuously use the Premises as required by this Lease and in compliance with all applicable laws and regulations. Tenant expressly acknowledges and understands that (1) use of the date hereof shall remain Premises for a temporary emergency shelter/feeding program is being allowed at Tenant’s request; (2) the Premises are not designed for temporary emergency shelter/feeding program use; and (3) the Premises lie in close proximity to a State Highway presenting an increased risk of exposure for clients of a temporary emergency shelter/feeding program operated on the Premises as to vehicular emissions, including the possible exposure to ADL. Tenant further expressly acknowledges and when Lessee evacuates understands that the Premises operation of the State Highway will continue at all times during the anticipated term of this Lease, and that normal highway traffic, highway operations, and the foreseeable misuse of a State Highway by motorists and members of the traveling public may present unique risks to the clients of a temporary emergency shelter/feeding program operating on the Termination Date or any extension thereofPremises.

Condition of Premises. Lessor makes no warranty or representation as to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with the Premises and Tenant has had adequate an opportunity to investigate and inspect the condition of the PremisesPremises and agrees to accept each applicable portion of the Premises “as is” in its condition existing as of the date of this Lease, and enters into this Lease upon without any obligation on the basis part of its own reviewLandlord to improve, and is leasing alter, repair or clean the Premises in any way for Tenant’s occupancy hereunder, except as otherwise expressly provided herein. Notwithstanding the foregoing: (a) As noted above, Tenant has been occupying the Existing Premises as a subtenant and will simply continue such occupancy, as a direct tenant under this Lease, effective as of the Existing Premises Commencement Date. Accordingly, this Lease has no specific delivery requirements with respect to the physical condition of the Existing Premises; obligations of the applicable parties with respect to the physical condition of the Existing Premises (including, but not limited to, repair and maintenance obligations) shall be governed by the Aerogen Lease (and, as between Aerogen and Tenant, by the Aerogen Sublease) for the period prior to the Existing Premises Commencement Date, and by this Lease for the period commencing on the Existing Premises Commencement Date. (b) Landlord shall deliver the Expansion Premises, 2025 Expansion Premises (if applicable) and First Refusal Premises (if applicable), together with all related Building systems and existing improvements, in “as is” condition, except that Landlord shall, at Landlord’s sole expense, perform all work necessary to cause the following (collectively, “Landlord’s Work”) to be true prior to or as soon as practicable after the applicable Commencement Date with respect to the applicable portion of the Premises: (i) the applicable portion of the Premises shall be delivered in broom-clean condition, and (ii) all existing Building systems (including, but not limited to, HVAC, mechanical, electrical, plumbing and life safety systems) and utilities serving the applicable portion of the Premises shall be in good working condition and operable in their current locations, prior to modifications (or damage, if any) as a result of Tenant’s improvements or use. To the extent it is not reasonably practicable for Landlord’s Work to be completed by the applicable Commencement Date with respect to any portion of the Premises, Landlord shall thereafter proceed diligently and with reasonable efforts to complete Landlord’s Work as promptly as practicable thereafter, and Landlord and Tenant shall cooperate reasonably and in good faith with one another (and cause their respective consultants and contractors to cooperate reasonably and in good faith with one another) in endeavoring to minimize any interference or delay by either party with respect to the other party’s work during the concurrent performance of their respective work in the applicable portion of the Premises. Following Landlord’s written notice to Tenant that Landlord has completed Landlord’s Work in any applicable portion of the Premises and is delivering such portion of the Premises and the related existing Building systems and improvements in the condition required above in this paragraph (“AS ISLandlord’s Completion Notice”), WHERE IS” CONDITION WITH ALL FAULTSthe respective obligations of the parties with respect to the maintenance, WHETHER PREVIOUSLY EXISTING repair and/or replacement of all such systems and improvements shall be determined in accordance with the provisions of Article 8 hereof and any other applicable provisions of this Lease. If Landlord’s obligations with respect to Landlord’s Work under this paragraph in any applicable portion of the Premises are violated in any respect, then it shall be the obligation of Landlord, after receipt of written notice from Tenant setting forth with specificity the nature of the violation, to correct promptly and diligently, at Landlord’s sole cost, the condition(s) constituting such violation, except that Tenant shall be responsible for any such corrective work to the extent the conditions) constituting the violation are attributable to modifications (or damage, if any) in the course of Tenant’s improvements to or use of the applicable portion of the Premises; provided, however, that Tenant’s failure to give such written notice to Landlord regarding any alleged violation within sixty (60) days after the later of (x) the Commencement Date with respect to such portion of the Premises or (y) the delivery of Landlord’s Completion Notice with respect to such portion of the Premises shall give rise to a conclusive and irrebuttable presumption that Landlord has complied with all Landlord’s obligations under this paragraph with respect to such portion of the Premises. TENANT ACKNOWLEDGES THAT THE WARRANTIES AND/OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY OBLIGATIONS CONTAINED IN THIS LEASE, NO SECTION 2.3 ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY WITH RESPECT TO THE PHYSICAL CONDITION OF ITS AFFILIATES CONCERNING SUCH ITEMSTHE PREMISES, INCLUDING BUT NOT LIMITED TOBUILDING SYSTEMS AND EXISTING IMPROVEMENTS IN THE PREMISES, AND THAT LANDLORD MAKES NO OTHER WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 2.3. (c) Tenant’s construction of any alterations or improvements that Tenant may elect to construct in connection with Tenant’s initial occupancy and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition use of the Premises. Lessee has investigated respective portions of the Premises shall be governed by the Workletter attached hereto as Exhibit B and has knowledge incorporated herein by this reference (the “Workletter”), the provisions of operative or proposed governmental laws which Workletter are incorporated in this Lease as if fully set forth herein, and regulations such alterations and improvements shall be constructed in compliance with all of the provisions thereof (including, without limitation, environmental laws all conditions relating to Landlord’s approval of contractors, subcontractors, and regulations to which the Premises are or may be subject plans and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or impliedspecifications), as to well as the condition (financial or otherwise), value or quality provisions of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofSection 2.3.

Condition of Premises. Lessor makes no warranty or representation as to the Premises. Lessee (a) Tenant acknowledges and agrees that it has occupied and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect the condition of the Premises, and enters into this Lease upon the basis of its own review, and Tenant is leasing the Leased Premises on an “as is” basis, and Tenant and Landlord agree that the Leased Premises (inclusive of building systems) will be delivered “broom clean” and in good and sanitary order, condition and repair. (b) Tenant hereby accepts the Leased Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental agreed upon condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Leased Premises, and any covenants or restrictions of record, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees Tenant acknowledges that neither Landlord nor Landlord’s agent has made any representation or warranty as to the present or future suitability of the Leased Premises for the conduct of Tenant’s business, the suitability thereof for the conduct of Tenant’s business, the utility services provided to the Leased Premises or the distribution of those utility services within the Leased Premises. Landlord has not agreed to undertake any modification, alteration or improvement to the Leased Premises except as specifically provided in this Lease. (c) Tenant shall not overload the floor of the Leased Premises. Landlord shall have the right to prescribe the weight, size and position of all furnituresafes and other heavy equipment brought into the Leased Premises or Project, equipmentthe times and manner of moving the same in or out of the Leased Premises or Project, machinery and all such moving must be done under the supervision of Landlord. Safes or other personal propertyheavy equipment shall, excepting if considered necessary by Landlord, stand on a platform of such thickness as is necessary to properly distribute the weight. Landlord reserves the right to require Tenant to secure the written recommendations of a qualified structural engineer as to the safe installation of such property or equipment. Landlord shall not be responsible for loss of or damage to any computerssuch property from any cause, that are located on and all damage done to the Leased Premises or in Project by moving or maintaining any such property shall be immediately repaired at the Premises as expense of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofTenant.

Condition of Premises. Lessor makes no warranty Landlord shall on the Commencement Date deliver the Premises with Landlord's Work completed and the Building structure and systems in good operating condition. The possession of the Premises or any portion thereof by Tenant shall be deemed a delivery of the Premises to Tenant and, shall constitute conclusive evidence of Tenant's acceptance of the Premises in its "AS-IS" condition, except for Landlord's Work and any punch list items. Not later than ten (10) days after the Commencement Date Landlord and Tenant shall perform a joint inspection of the Premises for the purpose of developing a comprehensive list of punchlist items with respect to Landlord's Work that require completion or repair. Landlord shall cause all punchlist items to be completed or repaired, as applicable, as soon as reasonably possible following the Commencement Date. Tenant acknowledges that neither Landlord nor Agent, nor any representative of Landlord, has made any representation as to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect the condition of the Premisesforegoing or the suitability of the foregoing for Tenant's intended use, except as expressly stated in the Lease. Tenant represents and enters into this Lease upon the basis of warrants that Tenant has made its own review, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition inspection of the Premisesforegoing. Lessee has investigated and has knowledge of operative Neither Landlord nor Agent shall be obligated to make any repairs, replacements or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are improvements (whether structural or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties otherwise) of any kind or nature, express or implied, as nature to the condition foregoing in connection with, or in consideration of, this Lease, except (financial or otherwise)a) as set forth in Sections 5.1, value or quality of 13.2 and 18 and (b) Landlord's Work. Landlord warrants that, to Landlord's knowledge, on the productsCommencement Date, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of and the date hereof, subject to Common Areas will comply with all applicable zoningLaws, municipal, county and state laws, ordinances and regulations governing and regulating including the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofAmericans with Disabilities Act.

Condition of Premises. Lessor makes no warranty or representation as to Tenant covenants and agrees that, upon taking possession of the Premises. Lessee acknowledges , Tenant shall execute Commencement Letter, in the form attached hereto as Exhibit L, acknowledging (i) the Commencement Date, as defined hereinafter and agrees the expiration date of this Lease, and (ii) that it Tenant has occupied and familiarized itself with accepted the Premises for occupancy and has had adequate opportunity to investigate and inspect that the condition of the Premises, including the Tenant Improvements (as herein under defined) constructed thereon by Landlord and enters into the Building was at that time satisfactory and in conformity with the provisions of this Lease upon the basis of its own review, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity subject to review and to discuss with various agents and/or representatives of Lessor the environmental condition Landlord's completion of the Premises. Lessee has investigated details of construction, decoration and has knowledge of operative mechanical adjustment which, in the aggregate, are minor in character and do not materially interfere with the Tenant's use or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use enjoyment of the Premises, except for any defects as to which Tenant shall give written notice to Landlord on the date of possession. Landlord shall promptly thereafter repair all such defects, but in all events not later than sixty (60) days, provided that in the event such defect cannot be cured within sixty (60) days, Landlord shall have commenced said repair within sixty (60) days and accepts completed the same within a reasonable time. Such Commencement Letter shall become a part of this Lease subject thereto Lease. Notwithstanding if Landlord has not made and completed the repairs to defects as described in said written notice provided by the Tenant, Tenant shall have the right to cure such defects and Landlord shall pay the reasonable costs and expenses incurred by or charged to Tenant within ten (10) days of Tenant's written notice to Landlord of such costs and expenses. Any and all matters disclosed thereby and hidden defects, latent defects or defects shall be made known to Landlord by Tenant within 180 days after the Commencement Date or, if longer than 180 days after the Commencement Date, within any period covered by any exhibits attached heretowarranties for any and all work performed on the Premises, which defects Landlord shall correct promptly after receipt of written notice describing such defects in reasonable detail. Lessee hereby Landlord further covenants and agrees that all furniturecorrection of any hidden defects, equipment, machinery and all other personal property, excepting any computers, that are located on latent defects or in defects affecting the Premises as concerning the roof, structure and exterior areas of the date hereof Building will be the responsibility of Landlord, which defects Landlord shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofcorrect promptly after receipt of written notice describing such defects in reasonable detail.

Condition of Premises. Lessor makes no warranty or representation as to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with Landlord shall deliver possession of the Premises and has had adequate opportunity to investigate and inspect the condition of the PremisesTenant, and enters into this Lease upon Tenant shall accept the basis of same, in its own review, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereofcondition, subject to all recorded matters and governmental regulations, and without any warranties of any kind, including without limitation, any warranty of condition, or compliance with law, or that the Premises or any Building system are suitable for Tenant’s use. Tenant agrees that Landlord has no obligation and has made no promise to alter, remodel, improve, or repair the Premises or any part thereof or to repair, bring into compliance with applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by or improve any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or condition existing in the Premises as of the date hereof shall remain on Commencement Date or a condition to Tenant’s acceptance of the Premises. Tenant agrees that neither Landlord nor any of Landlord’s employees or agents has made any representation or warranty as to the present or future suitability of the Premises as and when Lessee evacuates for the conduct of Tenant’s business therein. Any improvements or personal property located in the Premises on are delivered without any representation or warranty from Landlord, either express or implied, of any kind, including merchantability or suitability for a particular purpose. Notwithstanding the Termination Date foregoing to the contrary, Landlord shall deliver the Premises to Tenant with the heating, ventilation and air-conditioning unit(s), electrical, life-safety and plumbing serving the Premises in good working condition as of the date that Landlord delivers the Premises to Tenant. Tenant shall notify Landlord in writing within one month after the delivery of the Premises to Tenant if any of the foregoing are not in good condition, which notice shall specify in detail why Tenant believes such item(s) are not in good working condition. Tenant’s failure to so notify Landlord in writing within the foregoing one month period shall be deemed to be that the foregoing items (or the items for which no notice was provided) serving the Premises were in good working condition as of the date required hereunder. Tenant, pursuant to a separate agreement, has agreed to acquire separate items of furniture from a prior subtenant of the Premises. Landlord shall have no responsibility or liability with respect to such furniture. Tenant agrees that it shall be solely responsible for any extension thereofsales tax with respect to the transfer of such furniture.

Condition of Premises. Lessor makes no warranty Upon the expiration or representation as earlier termination of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and in good condition and repair, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the Premisesprovisions of this Lease. Lessee acknowledges and agrees that it has occupied and familiarized itself with Tenant shall deliver all keys to the Premises and has had adequate opportunity the Building to investigate and inspect the condition Landlord. Upon Tenant’s vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and enters into this Lease upon the basis other items of its own reviewpersonal property (unless prohibited from doing so under Section 20.2), and is leasing shall remove any Alterations (whether or not made with Landlord’s consent) that Landlord may (at Landlord’s election, made at the time such Alterations were installed) require Tenant to remove. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant’s expense. Such repairs shall be performed in their “AS ISa manner satisfactory to Landlord and shall include, WHERE IS” CONDITION WITH ALL FAULTSbut are not limited to, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTIONthe following: capping all plumbing, RENOVATIONcapping all electrical wiring, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERSrepairing all holes in walls, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASErestoring damaged floor and/or ceiling tiles, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition thorough cleaning of the Premises. Lessee If Tenant fails to remove any items that Tenant has investigated an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord’s option, become the property of Landlord and has knowledge Landlord shall have the right to remove and retain or dispose of operative or proposed governmental laws and regulations includingthe same in any manner, without limitation, environmental laws and regulations any obligation to which account to Tenant for the Premises are proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord’s retention or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect disposition of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations Alterations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property. Tenant shall be liable to Landlord for Landlord’s costs of removing, excepting any computers, that are located on or in the Premises as storing and disposing of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofsuch items.

Condition of Premises. Lessor makes no warranty Except as expressly set forth in this Lease and in the Tenant Work Letter, Landlord shall not be obligated to provide or representation as pay for any improvement, remodeling or refurbishment work or services related to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect the condition improvement, remodeling or refurbishment of the Premises, and enters into this Lease upon the basis of its own review, and is leasing Tenant shall accept the Premises in their its “AS ISAs Is” condition on the Lease Commencement Date; provided, WHERE IS” CONDITION WITH ALL FAULTShowever, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTIONin the event that, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition as of the Premises. Lessee has investigated Lease Commencement Date, the base building HVAC, plumbing, life safety and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination electrical systems of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, Building described in the Project Specifications (as to the condition (financial or otherwisedefined in Exhibit B), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereofsuch date, subject to all do not comply with applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or laws in the Premises effect as of the date hereof (including, without limitation, the Americans with Disabilities Act), then Landlord shall remain on be responsible, at its sole cost and expense which shall not be included in Operating Expenses, for correcting any such non-compliance to the extent required by applicable laws as soon as reasonably possible after receiving notice thereof from the applicable governmental authority. In addition, during the first twelve (12) months of the Lease Term, (x) if a repair is required to such base building systems and equipment described above, and (y) such repair is due other than as a direct result of the gross negligence of Tenant, and (z) if such repair is covered by a warranty, then Landlord shall use commercially reasonable efforts to make such repair. Tenant also acknowledges that, except as otherwise expressly set forth in this Lease, neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the Premises, the Building, or the Project or their condition, or with respect to the suitability thereof for the conduct of Tenant’s business (including, but not limited to, any zoning/conditional use permit requirements which shall be Tenant’s responsibility and Tenant’s failure to obtain any such zoning/use permits (if any are required) shall not affect Tenant’s obligations under this Lease). Notwithstanding the foregoing, Landlord acknowledges and agrees that, as of the Effective Date, the Property is zoned to permit general laboratory use and general office use and the Premises, including the base building HVAC, plumbing, life safety and electrical systems of the Building, are in good working order, repair and condition as of the Lease Commencement Date. The taking of possession of the Premises as and when Lessee evacuates by Tenant shall conclusively establish that the Premises (including the Tenant Improvements therein), the Building and the Project were at such time complete and in good, sanitary and satisfactory condition and without any obligation on the Termination Date Landlord’s part to make any alterations, upgrades or any extension thereofimprovements thereto.

Condition of Premises. Lessor makes no warranty Tenant hereby agrees that except as provided in the Tenant Work Letter attached hereto as Exhibit “D” and made a part hereof, the Premises shall be taken “as is”, “with all faults”, “without any representations or representation as to the Premises. Lessee acknowledges warranties”, and Tenant hereby agrees and warrants that it has occupied investigated and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect inspected the condition of the PremisesPremises and the suitability of same for Tenant’s purposes, and enters Tenant does hereby waive and disclaim any objection to, cause of action based upon, or claim that its obligations hereunder should be reduced or limited because of the condition of the Premises or the Project or the suitability of same for Tenant’s purposes. Tenant acknowledges that neither Landlord nor any agent nor any employee of Landlord has made any representations or warranty with respect to the Premises or the Project or with respect to the suitability of either for the conduct of Tenant’s business and Tenant expressly warrants and represents that Tenant has relied solely on its own investigation and inspection of the Premises and the Project in its decision to enter into this Lease upon the basis of its own review, and is leasing let the Premises in their “AS ISthe above-described condition. Nothing contained herein is intended to, WHERE IS” CONDITION WITH ALL FAULTSnor shall, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTIONobligate Landlord to implement sustainability practices for the Project or to seek certification under, RENOVATIONor make modifications in order to obtain, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTSa certification from LEED or any other comparable certification. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the The Premises are or may shall be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, initially improved as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premisesprovided in, and accepts this Lease subject thereto to, the Tenant Work Letter attached hereto as Exhibit “D” and to all matters disclosed thereby and by any exhibits attached heretomade a part hereof. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or The existing leasehold improvements in the Premises as of the date hereof shall remain on of this Lease, together with the Improvements (as defined in the Tenant Work Letter) may be collectively referred to herein as the “Tenant Improvements.” The taking of possession of the Premises as and when Lessee evacuates by Tenant shall conclusively establish that the Premises on and the Termination Date Project were at such time in satisfactory condition. Tenant hereby waives subsection 1 of Section 1932 and Sections 1941 and 1942 of the Civil Code of California or any extension thereofsuccessor provision of law.

Condition of Premises. Lessor makes Landlord shall, using building-standard materials, perform those items of work described on Exhibit E attached hereto (the “Phase I Improvements”) and those items of work described on Exhibit E-1 attached hereto (the “Phase II Improvements”; and together with the Phase I Improvements, collectively, the “Landlord’s Work”) as depicted on Exhibit E-2 attached hereto, pursuant to plans and specifications determined by Landlord. Landlord shall use commercially reasonable efforts to procure bids as Landlord deems reasonably appropriate from no warranty or representation as fewer than three (3) contractors approved to work in the Building (which Tenant may supplement, subject to Landlord’s reasonable approval). Upon receipt of all bids requested by Landlord, Landlord shall provide such bids to Tenant for review; provided, however, Landlord shall have the right in its commercially reasonable discretion, to award the construction contract to the Premisescontractor and subcontractors that Landlord selects to perform the Landlord’s Work. Lessee Landlord shall pay for the Landlord’s Work up to a maximum amount of $91,660.00 (“Landlord’s Construction Allowance”), and in no event shall Landlord have any obligation to pay for any costs of the Landlord’s Work in excess of Landlord’s Construction Allowance. The Landlord’s Construction Allowance will be reduced by any consulting or architectural fees incurred by Landlord; and governmental fees and charges for required permits, plan checks, and inspections for the Landlord’s Work. Landlord shall (i) not be entitled to any charge or fee for review, administration, coordination and/or supervision in connection with Landlord’s Work, and (ii) reasonably cooperate with Tenant as may reasonably be necessary to obtain all necessary permits, certificates of occupancy, and inspections, at Tenant’s sole cost and expense. If the cost of the Landlord’s Work exceeds Landlord’s Construction Allowance, such overage shall be paid by Landlord, but repaid to Landlord as Additional Rent, together with interest at 10.00% per annum, in equal monthly installments over the Term of the Lease; provided, however, in no event shall Landlord be obligated to amortize any portion of such overage in excess of $91,660.00 (the “Amortized Allowance”) and any estimated overage in excess of such Amortized Allowance shall be paid by Tenant before Landlord begins construction (“Estimated Overage”). Upon completion of the Landlord’s Work and the determination by Landlord of the final cost therefor (the “Final Cost”), Landlord shall provide Tenant with its calculation of such Final Cost and the allocation of the Landlord’s Construction Allowance, the Amortized Allowance and the Estimated Overage paid by Tenant. If the Final Cost is less than the sum of (a) the Landlord’s Construction Allowance, (b) the Amortized Allowance, and (c) any Estimated Overage actually paid by Tenant to Landlord (the sum of (a), (b) and (c), the “Total Payments”), then Landlord shall reimburse Tenant for the excess Estimated Overage paid by Tenant to Landlord within thirty (30) days after the determination of the Final Cost. If the Final Cost exceeds the Total Payments, then Tenant shall pay to Landlord, as Additional Rent, upon request the amount by which the Final Cost exceeds the Total Payments. If the Total Cost is less than the sum of the Landlord’s Construction Allowance and the Amortized Allowance, Tenant shall not receive a credit therefor. Tenant agrees that, except for the Landlord’s Work and as otherwise expressly set forth in the Lease, Tenant is familiar with the condition of both the Premises and the Property, and Tenant hereby accepts the foregoing on an “AS-IS,” “WHERE-IS” basis, without any representation or warranty from Landlord whatsoever with respect thereto. Landlord shall diligently proceed with the construction of the Landlord’s Work and use commercially reasonable efforts to substantially complete the Phase I Improvements on or prior to May 1, 2017; provided, however, if Landlord fails to so substantially complete the Phase I Improvements on or prior to May 1, 2017, then (a) the validity of this Lease and the obligations of Tenant under this Lease shall not be affected, (b) Tenant shall have no claim against Landlord (and Landlord shall have no liability) hereunder, at law or in equity, arising from Landlord’s failure to substantially complete the Phase I Improvements by such date, and (c) Landlord shall proceed diligently to substantially complete the Phase I Improvements. Tenant acknowledges and agrees that it has occupied the Phase II Improvements may not be completed as of the Commencement Date, and familiarized itself (aa) Tenant shall accept delivery of the Premises on the Commencement Date notwithstanding the incompletion of the Phase II Improvements; (bb) the validity of this Lease and the obligations of Tenant under this Lease shall not be affected by any delay in the completion of the Phase II Improvements; (cc) Tenant shall have no claim against Landlord (and Landlord shall have no liability) hereunder, at law or in equity, arising from Landlord’s failure to complete the Phase II Improvements by such date, and (dd) the Commencement Date shall not be postponed to the extent of any such delay; provided, however, that Landlord shall diligently proceed to complete the Phase II Improvements promptly after the Commencement Date. In the event any accrued Tenant Delays (as hereinafter defined) cause Landlord to pay or incur costs or expenses in connection with the Premises and has had adequate opportunity to investigate and inspect the condition design, construction or completion of the PremisesLandlord’s Work in excess of the costs or expenses that would otherwise have been paid or incurred by Landlord, Tenant shall pay any such reasonable out of pocket excess costs and enters into this Lease upon the basis of its own reviewexpenses to Landlord, and is leasing the Premises in their “AS ISas Additional Rent, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTSwithin ten (10) business days after Landlord submits invoices for any such excess costs or expenses. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further Tenant acknowledges and agrees that it has had an opportunity (i) Landlord shall not be liable to review and to discuss with various agents and/or representatives of Lessor Tenant for any inconveniences Tenant may experience during the environmental condition performance, construction or installation of the Premises. Lessee has investigated and has knowledge of operative Landlord’s Work which are beyond Landlord’s control or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims for any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereof.delays in

Condition of Premises. Lessor makes no warranty or representation 2.1. Except as to the Premises. Lessee acknowledges expressly provided herein (including, but not limited to, Landlord's representations and agrees that it has occupied and familiarized itself with warranties set forth in this Lease), Tenant accepts the Premises on an "AS-IS" basis without representation or warranty by Landlord. Landlord shall deliver the Premises to Tenant in broom clean condition given the nature of the ongoing "Cash and has had adequate opportunity Carry" business therein (but with all furniture, equipment and other personalty of Rightway and of Landlord remaining therein and thereon) free of any tenancies, including without limitation, the tenancy of Rightway, or any other rights to investigate and inspect the condition of use, possess, or occupy the Premises, and enters into this Lease upon the basis of its own review, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be but subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise)requirements of Section 2.2. 2.2. Landlord represents and warrants that, value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereofCommencement Date, subject (i) the Building Systems (including, but not limited to, the sprinkler systems) are in good working order, (ii) all utilities, including but not limited to all applicable zoningelectricity, municipaland hot and cold water, county and state laws, ordinances and regulations governing and regulating the use of are available at the Premises, (iii) the Premises is in compliance with all Laws; and accepts this Lease subject thereto (iv) there are no Hazardous Substances at, on, or under the Premises except as to any inventory and to all matters disclosed thereby and other equipment utilized by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or Rightway in the Premises as normal course of Rightway's "Cash and Carry" business, none of which is in violation of any Environmental Laws. In the event that any of the date hereof shall remain on foregoing representations of Landlord are determined to be inaccurate, false or fraudulent, Landlord shall, within thirty (30) days after receipt of written notice from Tenant, take all such actions as are necessary to make such representations true and accurate, including all actions necessary to bring the Premises into compliance with all current Laws, at Landlord's sole cost and expense, and, with respect to any Hazardous Substances, to remediate and remove all such Hazardous Substances from the Premises, at Landlord's sole cost and expense; and Landlord shall indemnify, defend, and hold Tenant harmless with respect to any claims, liabilities, damages, and expenses (including, but not limited to, reasonable attorneys' fees and costs) incurred by Tenant as and when Lessee evacuates a result of or arising out of such inaccuracy or failure of landlord to cure or remedy the Premises on same. Landlord's obligation hereunder shall survive the Termination Date expiration or any extension thereofsooner termination of this Lease.

Condition of Premises. Lessor makes no warranty Except as expressly set forth in this Lease and in the Tenant Work Letter, Landlord shall not be obligated to provide or representation as pay for any improvement, remodeling or refurbishment work or services related to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect the condition improvement, remodeling or refurbishment of the Premises, and enters into this Lease upon the basis of its own review, and is leasing Tenant shall accept the Premises in their its “AS ISAs Is” condition on the Lease Commencement Date; provided, WHERE IS” CONDITION WITH ALL FAULTShowever, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTIONthat in the event that, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor in the environmental condition first twelve (12) months of the Premises. Lessee has investigated Lease Term only, a repair is required for the Base, Shell and has knowledge of operative Core or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination (which is Tenant’s responsibility pursuant to Section 7.1 of the applicability Lease), and effect if any such repair is covered by a warranty held by Landlord, then Landlord shall use commercially reasonable efforts to cause the repair of such laws and regulationsrepair items. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or naturePursuant to Civil Code Section 1938, express or impliedLandlord states that, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject the Premises has not undergone inspection by a Certified Access Specialist (“CASp”) to determine whether the Premises meet all applicable zoningconstruction-related accessibility standards under California Civil Code Section 55.53. Tenant also acknowledges that, municipalexcept as otherwise expressly set forth in this Lease, county and state laws, ordinances and regulations governing and regulating the use neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the Premises, the Building, or the Project or their condition, or with respect to the suitability thereof for the conduct of Tenant’s business (including, but not limited to, any zoning/conditional use permit requirements which shall be Tenant’s responsibility and accepts Tenant’s failure to obtain any such zoning/use permits (if any are required) shall not affect Tenant’s obligations under this Lease Lease). Subject to Landlord’s delivery obligations hereunder, the taking of possession of the Premises by Tenant shall conclusively establish that the Premises (including the Tenant Improvements therein), the Building and the Project were at such time complete and in good, sanitary and satisfactory condition and without any obligation on Landlord’s part to make any alterations, upgrades or improvements thereto. For purposes of Section 1938(a) of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises have not undergone inspection by a Certified Access Specialist (CASp). In addition, the following notice is hereby provided pursuant to Section 1938(e) of the California Civil Code: 2 GENESIS 1900 ALAMEDA “A Certified Access Specialist (CASp) can inspect the subject thereto premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to all correct violations of construction-related accessibility standards within the premises.” In furtherance of and in connection with such notice: (i) Tenant, having read such notice and understanding Tenant’s right to request and obtain a CASp inspection and with advice of counsel, hereby elects not to obtain such CASp inspection and waives its rights to obtain a CASp inspection with respect to the Premises, Building and/or Project to the extent permitted by applicable laws now or hereafter in effect; and (ii) if the waiver set forth in clause (i) hereinabove is not enforceable pursuant to applicable laws, then Landlord and Tenant hereby agree as follows (which constitute the mutual agreement of the parties as to the matters disclosed thereby described in the last sentence of the foregoing notice): (A) Tenant shall have the one-time right to request for and obtain a CASp inspection, which request must be made, if at all, in a written notice delivered by Tenant to Landlord on or before that date which is ten (10) days after the date hereof; (B) any exhibits attached hereto. Lessee hereby agrees CASp inspection timely requested by Tenant shall be conducted (1) between the hours of 9:00 a.m. and 5:00 p.m. on any business day, (2) only after ten (10) days’ prior written notice to Landlord of the date of such CASp inspection, (3) in a professional manner by a CASp designated by Landlord and without any testing that all furniturewould damage the Premises, equipmentBuilding or Project in any way, machinery and (4) at Tenant’s sole cost and expense, including, without limitation, Tenant’s payment of the fee for such CASp inspection, the fee for any reports prepared by the CASp in connection with such CASp inspection (collectively, the “CASp Reports”) and all other personal propertycosts and expenses in connection therewith; (C) Tenant shall deliver a copy of any CASp Reports to Landlord within three (3) business days after Tenant’s receipt thereof; (D) Tenant, excepting at its sole cost and expense, shall be responsible for making any computerslegally required improvements, alterations, modifications and/or repairs to or within the Premises to correct violations of construction-related accessibility standards including, without limitation, any violations disclosed by such CASp inspection ordered by Tenant; and (E) if such CASp inspection ordered by Tenant identifies any improvements, alterations, modifications and/or repairs necessary to correct violations of construction-related accessibility standards relating to those items of the Building and Project located outside the Premises that are located on or in Landlord’s obligation to repair under the Premises Lease (as of the date hereof amended hereby), then Landlord shall remain on the Premises perform such improvements, alterations, modifications and/or repairs as and when Lessee evacuates to the Premises on extent required by applicable laws to correct such violations, and Tenant shall reimburse Landlord for the Termination Date or any extension thereofcost of such improvements, alterations, modifications and/or repairs within ten (10) business days after Tenant’s receipt of an invoice therefor from Landlord.

Condition of Premises. Lessor makes no warranty Except as expressly set forth in this Sublease, neither Sublandlord nor Sublandlord’s agents, employees, or representation contractors have made any representations, warranties, or promises with respect to the Premises, or the equipment, furniture, or improvements therein situated, if any, or the physical condition or size of the Premises. Subtenant accepts the Premises in its present “as-is where is and with all faults” condition, and subject to normal wear and tear between the date of this Sublease and the date of occupancy by Subtenant. Except as expressly set forth in the attached Exhibit A, neither Sublandlord nor the Prime Landlord shall be under any obligation to make and/or pay for any alterations, additions, installations, substitutions, improvements, or decorations to the Premises. Lessee acknowledges Sublandlord hereby grants to Subtenant a license to use the existing furniture, fixtures, equipment and agrees that it has occupied and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect the condition of wiring located in or serving the Premises, which is detailed on the attached Exhibit B (collectively, “Furniture”), for no additional consideration so long as this Sublease is in force. Subtenant shall not acquire any title or other ownership rights in or to the Furniture during the Term; provided, however Subtenant shall have the right to remove all or any portion of same during the Term so long as Subtenant replaces same with other furniture of equal or greater value and enters into quality; provided further, however, Subtenant shall remain responsible to return all of the Furniture to Sublandlord in the event of an early termination of this Sublease. Upon expiration or earlier termination (for reasons other than an Event of Default) of this Sublease, Subtenant shall: (a) be required to purchase the Furniture from Sublandlord for the amount of one dollar ($1.00); (b) remove the Furniture from the Premises; and (c) return the Premises to the condition same was in as of the Sublease Commencement Date, normal wear and tear permitted by the Prime Lease upon the basis of its own reviewand damage for which Subtenant is not responsible excepted, and is leasing to the extent required by the terms of the Prime Lease. During the Term, Subtenant shall, at Subtenant’s sole cost and expense, insure the Furniture for its full replacement value (with Sublandlord named as an additional insured and as loss payee). Subtenant shall not hold over after the expiration of the Term. If Subtenant fails or refuses to surrender possession of the Premises pursuant to the provisions of this Sublease at the natural expiration or earlier termination of this Sublease (which, in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had the event of an opportunity earlier termination is due to review and to discuss with various agents and/or representatives of Lessor the environmental condition an earlier termination of the Prime Lease), such possession shall be construed to be a tenancy at sufferance, and Subtenant shall remain liable to Sublandlord for daily use and occupancy at the daily rate the greater of: (i) the amount due on a daily basis (or monthly if not prorated on a daily basis pursuant to the terms of the Prime Lease) from Sublandlord, as “Tenant” under the Prime Lease in the event of Sublandlord’s holdover thereunder for the entire Original Premises. Lessee has investigated ; (ii) the amount due on a daily basis during the last month of the Term; or (iii) the amount which would be due if the Premises had been relet at market rent (as reasonably determined by Sublandlord) at the time of such holdover, and, in addition to the foregoing, Subtenant shall indemnify, defend (using counsel reasonably determined by Sublandlord), and has knowledge of operative or proposed governmental laws hold Sublandlord harmless from and regulations against all damages, losses, and expenses, including, without limitation, environmental laws and regulations to which consequential damages, arising from such holdover. To the Premises are or may be subject and enters into this Lease upon the basis Sublandlord’s actual knowledge, without duty of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or natureinquiry, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or no Hazardous Material is present in the Premises as (including asbestos). Notwithstanding anything to the contrary, under no circumstance shall Subtenant be liable for any Hazardous Material present at any time on or about the Premises or the Building, or the soil, air, improvements, groundwater or surface water thereof, or the violation of any laws, orders or regulations, relating to any such Hazardous Material, except to the extent that any of the date hereof shall remain on foregoing actually results from the Premises as and when Lessee evacuates the Premises on the Termination Date release or any extension thereofemission of Hazardous Material by Subtenant or its agents or employees in violation of applicable environmental laws.

Condition of Premises. Lessor makes no Tenant acknowledges that, except as otherwise expressly set forth in this Lease, neither Landlord nor any agent of Landlord has made any representation or warranty or representation as with respect to the Premises, the Building or the Project or their condition, or with respect to the suitability thereof for the conduct of Tenant's business. Lessee acknowledges and agrees that it has occupied and familiarized itself with The taking of possession of the Premises and has had adequate opportunity to investigate and inspect by Tenant shall conclusively establish that the condition of Project, the Premises, the Tenant Improvements therein, the Building and enters into the Common Areas were at such time complete and in good, sanitary and satisfactory condition and repair and without any obligation on Landlord's part to make any alterations, upgrades or improvements thereto. Notwithstanding anything to the contrary in Section 11.1 or this Lease upon Section 11.2, as of the basis of its own reviewCommencement Date (i) all plumbing, electrical, HVAC and is leasing mechanical systems in the Premises shall be in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges good working order (with the exception of failures to such systems caused by Tenant and agrees that it has had an opportunity the repairs needed to review and to discuss with various agents and/or representatives of Lessor the environmental condition HVAC Landlord warrants that: (i) as of the Premises. Lessee date hereof and as of the Commencement Date Landlord has investigated and has no actual knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which any material defects in the Premises are or may Building which could reasonably be subject expected by Landlord to unreasonably interfere with Tenant's use and enters into this Lease upon the basis of its review and determination enjoyment of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or naturePremises (however, express or implied, as this warranty shall not apply to the condition defects caused by Tenant); (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing ii) as of the date hereof, subject Landlord is the fee owner of the Premises and has the right and authority to all applicable zoninglease the Premises to Tenant on the terms and conditions set forth in the Lease; and (iii) as of the Commencement Date, municipalor as soon thereafter as is reasonably practicable, county Landlord shall complete its currently planned improvements to the exterior of the Building. As the exclusive remedy for a breach of the foregoing warranties, Landlord shall, promptly following written notice thereof from Tenant, correct any violation of the foregoing warranties at Landlord's sole cost and state lawsexpense. Subject to the foregoing warranties, ordinances and regulations governing and regulating the use of by entry upon the Premises, and accepts this Lease subject thereto and Tenant agrees to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in accept the Premises in their "as of is" condition. Notwithstanding the date hereof shall remain on foregoing, Tenant acknowledges that certain repairs to the Premises as are needed due to vandalism, and when Lessee evacuates that Tenant will be responsible for the Premises on repair of same, subject to reimbursement by Landlord from the Termination Date or any extension thereofConstruction Allowance.

Condition of Premises. Lessor makes no warranty or representation as to the Premises. Lessee acknowledges and agrees recognizes that it has occupied and familiarized itself with Lessee will be receiving, shortly after occupancy of the Premises and has had adequate opportunity to investigate and inspect Leased Premises, a checklist prepared by Lessor describing the condition of the Premises, and enters into this Lease upon Leased Premises at the basis time of its own review, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAWLessee’s possession. Lessee further acknowledges and agrees that it has had an opportunity to review and return said checklist to discuss with various agents and/or representatives Lessor within one week of Lessor receipt, noting any discrepancies in the environmental condition of the PremisesApartment not indicated on said checklist. Lessee has investigated and has knowledge understands that if the checklist is not returned to Lessor within one week of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination Lessee’s receipt of the applicability same, it shall be presumed for the purpose of this lease that said checklist adequately describes the condition of the Leased Premises at the time of Lessee’s at the time of Lessee’s possession. Lessee covenants that Lessee will keep said Leased Premises in good repair and effect will keep said Leased Premises and appurtenances in a clean and sanitary condition. If damage other than reasonable wear and tear occurs to the Leased Premises or furnishings therein, Lessee agrees to notify Lessor of such laws damages. If such damages are caused by the negligence of Lessee, Lessee’s agents or guests, the cost of such repairs shall be immediately be paid to Lessor by Lessee, including the cost of repair of damage to other portions of the Building, if any, caused by such negligence. Lessor shall thereafter repair such damages. If property of the Lessor or the property of third parties is damaged or if any person suffers bodily injury and regulations. Lessee acknowledges that Lessor expressly disclaims any representations such damages or warranties of any kind or nature, express or implied, as injury are due to the condition (financial actions or otherwise), value or quality inactions of the productsLessee, assets the Lessee's guests or properties invitees, then Lessees shall indemnify and hold harmless the Lessor and Lessors' agents or employees for any such damages or injuries including but not limited to the reasonable costs of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofdefense.

Condition of Premises. Lessor makes no warranty Except as expressly set forth in this Lease and in the Tenant Work Letter, Landlord shall not be obligated to provide or representation as pay for any improvement, remodeling or refurbishment work or services related to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect the condition improvement, remodeling or refurbishment of the Premises, and enters into this Lease upon the basis of its own review, and is leasing Tenant shall accept the Premises in their its “AS ISAs Is” condition on the Lease Commencement Date; provided, WHERE IS” CONDITION WITH ALL FAULTShowever, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTIONthat the Systems and Equipment (as defined in Section 4.2.4 below) serving the Building shall be in good working order and condition, RENOVATIONthe Premises will be broom-clean condition, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERSfree and clear of all occupants and personal property, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASEand the Building and Project will be compliant with all applicable laws, NO WARRANTIESrules, EXPRESS OR IMPLIEDorders, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMSand regulations, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are Americans with Disabilities Act of 1990 (as amended, the “ADA”). Tenant also acknowledges that, except as otherwise expressly set forth in this Lease, neither Landlord nor any agent of Landlord has made any representation or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as warranty with respect to the condition Premises, the Building, or the Project or their condition, or with respect to the suitability thereof for the conduct of Tenant’s business (financial or otherwiseincluding, but not limited to, any zoning/conditional use permit requirements which shall be Tenant’s responsibility and Tenant’s failure to obtain any such zoning/use permits (if any are required) shall not affect Tenant’s obligations under this Lease). Notwithstanding the foregoing, value or quality of the productsLandlord represents and warrants to Tenant that, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereofEffective Date, the Property is zoned to permit laboratory, office, life science, research and development uses as of right. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises (including the Tenant Improvements therein), the Building and the Project were at such time complete and in good, sanitary and satisfactory condition, subject to all applicable zoningLandlord’s representations, municipal, county warranties and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or obligations expressly set forth in the Premises Lease and, except as of the date hereof shall remain provided herein, without any obligation on the Premises as and when Lessee evacuates the Premises on the Termination Date Landlord’s part to make any alterations, upgrades or any extension thereofimprovements thereto.

Condition of Premises. Lessor makes no warranty or representation as Landlord shall deliver to Tenant a copy of each final Exit Survey submitted by JCVI pursuant to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with Assignment Agreement (“JCVI Exit Survey”) upon Landlord’s receipt, without any representation or warranty, express or implied, including but not limited to any representation or warranty regarding the Premises and has had adequate opportunity to investigate and inspect the condition accuracy or completeness of the Premises, and enters into this Lease upon JCVI Exit Survey. The delivery of such JCVI Exit Survey shall not be deemed to be a representation or warranty regarding the basis of its own review, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the physical or environmental condition of the Premises. Lessee has investigated and has knowledge On the Revised Term Commencement Date, Landlord shall deliver possession of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulationsto Tenant in broom clean condition. Lessee Tenant acknowledges that Lessor (a) except as expressly disclaims any representations provided in this Second Amendment or warranties of any kind or naturethe Lease, express or implied, as ▇▇▇▇▇▇ agrees to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts take the Premises in their its condition existing “as is” as of the date hereoffirst day of the Revised Term, subject and (b) Landlord shall have no obligation to all applicable zoningalter, municipal, county and state laws, ordinances and regulations governing and regulating repair or otherwise prepare the use of Premises for Tenant’s continued occupancy for the Revised Term or to pay for any improvements to the Premises, and accepts except as expressly provided in this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached heretoSecond Amendment or the Lease. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as ▇▇▇▇▇▇’s taking of the date hereof shall remain on the Premises as and when Lessee evacuates possession of the Premises on the Termination Revised Term Commencement Date shall, except as otherwise agreed to in writing by Landlord and Tenant, conclusively establish that the Premises, the Building, the Building systems and the Project were at such time in good, sanitary and satisfactory condition and repair. Notwithstanding the foregoing, at any time during the first twenty-four (24) months of the Revised Term (the “Warranty Period”), if any standard HVAC units (but specifically excluding any specialized HVAC units added by Tenant, such as those units that may be required for manufacturing) serving the Premises shall fail to be in good working order, then Tenant may deliver written notice to Landlord describing in reasonable detail such failure, and Landlord will perform the work necessary to put the HVAC unit in good working order with reasonable promptness and at Landlord’s sole cost as Tenant’s sole remedy for any such failure (and Tenant shall not be entitled to damages or any extension thereofother remedy as a result of such failure, except as provided in Section 16.2 of the Lease); provided, however, that Landlord’s obligations pursuant to the foregoing shall be limited to necessary repairs and/or replacements, as determined by Landlord in its reasonable discretion, and Tenant shall remain responsible for the standard preventative maintenance and upkeep of such HVAC units in the ordinary course. During the Warranty Period, all costs which are the obligation of Landlord pursuant to this Section 9 shall be borne 4813-5202-3331.13 11 solely by ▇▇▇▇▇▇▇▇ and not included as Operating Expenses, provided Tenant (and not Landlord) shall be responsible for all costs, in whole or in part, that are incurred to the extent attributable to the negligence or willful misconduct of Tenant or any of its employees, contractors or subcontractors.

Condition of Premises. Lessor makes no warranty Except as expressly set forth in this Lease and Landlord’s obligation to deliver the Premises Ready for Occupancy as set forth in the Tenant Work Letter attached hereto as Exhibit B, Landlord shall not be obligated to provide or representation as pay for any improvement, remodeling or refurbishment work or services related to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect the condition improvement, remodeling or refurbishment of the Premises, and enters into this Lease upon the basis of its own review, and is leasing Tenant shall accept the Premises in their its “AS IS” condition on the Lease Commencement Date. Notwithstanding the foregoing, WHERE IS” CONDITION WITH ALL FAULTSon the Lease Commencement Date, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTIONLandlord shall deliver the Premises with the existing Systems and Equipment in good working condition and Tenant shall have a review period of ninety (90) days from the Lease Commencement Date (the “Review Period”) to confirm such condition. In the event that Tenant notifies Landlord during the Review Period, RENOVATIONin writing, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition any of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations includingforegoing items that are not in good working condition, without limitation, environmental laws and regulations Landlord shall use commercially reasonable efforts to which the Premises are or may cause such items to be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as promptly repaired to the condition extent that any deficiencies to such systems are not caused by the acts or omissions of Tenant or any of Tenant’s Representatives (financial or otherwiseas defined below), value or quality any Alterations performed by or on behalf of Tenant. If Tenant fails to timely deliver to Landlord such written notice of Systems or Equipment not in good working condition within the productsReview Period, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing Landlord shall have no obligation to perform any such work thereafter, except as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or otherwise expressly provided in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofLease.

Condition of Premises. Lessor (A) Subject to the Tenant Allowance set forth in Section 1 above, Landlord shall construct the work required to be performed in the interior of the Premises (“Landlord’s Work”) in accordance with Tenant’s Plans. Except for Landlord’s Work, Landlord shall not be obligated to perform any improvements to the Premises or to or for the benefit of Tenant, and except as expressly set forth herein, Landlord makes no warranty or representation as to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect the condition of the Premises, and enters into this Lease upon the basis of its own review, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind regarding the Premises or natureLandlord’s Work, express or implied, as including, any warranty of habitability, merchantability or fitness for a particular use. Promptly following full execution of this Lease, Tenant shall deliver to Landlord, for Landlord’s approval, plans and specifications depicting Landlord’s Work prepared by a licensed architect (“Tenant’s Plans”), which said work shall not affect the structure or exterior of the Building or any building systems. Landlord shall secure and pay for all permits and fees, licenses and inspections necessary for the proper execution and completion of Landlord’s Work. Landlord shall comply with and give all notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of Landlord’s Work. (B) Landlord shall use its reasonable efforts to cause Landlord’s Work to be substantially completed on or before the Commencement Date, subject to extension for any time lost by Landlord due to strikes, labor disputes, governmental restrictions or limitations, scarcity of or inability to obtain labor or materials, accidents, fire or other casualties, weather conditions, or any cause similar or dissimilar to the condition foregoing beyond the reasonable control of Landlord (financial collectively, “Force Majeure”) or otherwiseTenant Delay (defined below), value or quality of provided, however, that Landlord shall not be liable to Tenant for any delay in the products, assets or properties delivery of the Premises. (C) Landlord promptly shall correct, at Landlord’s cost and expense, all defects in Landlord’s Work and any Landlord’s Work failing to conform to the applicable requirements of this Lease, provided that such defect appears and Tenant gives Landlord written notice thereof during the first 365 days of the Term. Lessee hereby accepts Landlord’s obligation under this Section 3(C) shall survive Tenant’s occupancy of the Premises upon substantial completion of Landlord’s Work. (D) Immediately upon the completion of Landlord’s Work, Tenant and Landlord jointly shall inspect the same in their order to determine and record its condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to prepare a comprehensive list of items that have not been completed (or which have not been correctly or properly completed) in strict conformity with Tenant’s Plans (as the same may have been modified or amended) (collectively, “Punch List Items”). Landlord thereafter shall proceed promptly to complete and correct all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofPunch List Items.

Condition of Premises. Lessor makes no warranty Tenant hereby agrees that except as expressly provided in the Tenant Work Letter attached hereto as Exhibit “D” and made a part hereof the Premises shall be taken “as is”, “with all faults”, “without any representations or representation as to the Premises. Lessee acknowledges warranties”, and Tenant hereby agrees and warrants that it has occupied investigated and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect inspected the condition of the PremisesPremises and the suitability of same for Tenant’s purposes, and enters Tenant does hereby waive and disclaim any objection to, cause of action based upon, or claim that its obligations hereunder should be reduced or limited because of the condition of the Premises or the Project or the suitability of same for Tenant’s purposes, subject to Landlord’s repair obligations under this Lease. Tenant acknowledges that neither Landlord nor any agent nor any employee of Landlord has made any representations or warranty with respect to the Premises or the Project or with respect to the suitability of either for the conduct of Tenant’s business and Tenant expressly warrants and represents that Tenant has relied solely on its own investigation and inspection of the Premises and the Project in its decision to enter into this Lease upon the basis of its own review, and is leasing let the Premises in their “AS ISthe above-described condition. Nothing contained herein is intended to, WHERE IS” CONDITION WITH ALL FAULTSnor shall, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTIONobligate Landlord to implement sustainability practices for the Project or to seek certification under, RENOVATIONor make modifications in order to obtain, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTSa certification from LEED or any other comparable certification. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the The Premises are or may shall be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, initially improved as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premisesprovided in, and accepts this Lease subject thereto to, the Tenant Work Letter attached hereto as Exhibit “D” and to all matters disclosed thereby and by any exhibits attached heretomade a part hereof. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or The existing leasehold improvements in the Premises as of the date hereof shall remain on of this Lease, together with the Improvements (as defined in the Tenant Work Letter) may be collectively referred to herein as the “Tenant Improvements.” The taking of possession of the Premises as and when Lessee evacuates by Tenant shall conclusively establish that the Premises on and the Termination Date Project were at such time in satisfactory condition except for items of Landlord’s Work which Tenant gives Landlord notice within thirty (30) days of the completion thereof and except for latent defects. Tenant hereby waives subsection 1 of Section 1932 and Sections 1941 and 1942 of the Civil Code of California or any extension thereofsuccessor provision of law.

Condition of Premises. Lessor makes no warranty or representation Except as to the Premises. Lessee set forth otherwise on Exhibit A attached hereto, Tenant acknowledges and agrees that it ▇▇▇▇▇▇▇▇ has occupied and familiarized itself with no obligation under the Premises and has had adequate opportunity Lease to investigate and inspect the condition of make any improvements to or perform any work in the Premises, and enters into this Lease upon the basis of its own reviewor provide any improvement allowance, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby ▇▇▇▇▇▇ accepts the Premises in their condition existing current “AS IS” condition. Tenant acknowledges that the Leasehold Improvements (as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of defined in Exhibit A) will be completed while Tenant is occupying the Premises, and accepts this Lease subject thereto may interfere with or disrupt Tenant’s business or otherwise inconvenience Tenant. ▇▇▇▇▇▇▇▇’s completion of the Leasehold Improvements during ▇▇▇▇▇▇’s occupancy of the Premises will not be considered a breach of Tenant’s rights under the Lease. Landlord will use commercially reasonable efforts to minimize any disruption or inconvenience to Tenant, provided Tenant will reasonably cooperate with Landlord with respect to the Leasehold Improvements, including without limitation packing loose and personal contents and moving Tenant’s electronic equipment as reasonably directed by Landlord. Landlord will provide Tenant with a schedule for completing the Leasehold Improvements, after which Tenant will provide access to all matters disclosed thereby and by the Premises to Landlord without Landlord having to provide any exhibits further notice to Tenant. Landlord will use commercially reasonable efforts to complete the Leasehold Improvements within 15 weeks after Tenant makes its selections from Landlord’s Building-standard finishes for the Leasehold Improvements, as set forth in Exhibit A attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereof.

Condition of Premises. Lessor makes no warranty or representation The Premises shall be renovated as to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect the condition of the Premisesprovided in, and enters into this Lease upon subject to, the basis of its own review, Tenant Work Letter attached hereto as Exhibit "D" and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTSmade a part hereof. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition The existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or leasehold improvements in the Premises as of the date hereof shall remain on of this Lease, together with the Improvements (as defined in the Tenant Work Letter) may be collectively referred to herein as the "Tenant Improvements" The taking of possession of the Premises as and when Lessee evacuates by Tenant shall conclusively establish that the Premises on and the Termination Date Project were at such time in satisfactory condition, subject to latent defects. Tenant hereby waives Sections 1941 and 1942 of the Civil Code of California or any extension thereofsuccessor provision of law. So long as none of the following increases Tenant's obligations or decreases Tenant's rights hereunder (unless the action is required by law), Landlord reserves the right from time to time, but subject to payment by and/or reimbursement from Tenant as otherwise provided herein: (i) to install, use, maintain, repair, replace and relocate for service to the Premises and/or other parts of the Project pipes, ducts, conduits, wires, appurtenant fixtures, and mechanical systems, wherever located in the Premises or the Project, (ii) to alter, close or relocate any facility in the Premises or the Common Areas or otherwise conduct any of the above activities for the purpose of complying with a general plan for fire/life safety for the Project or otherwise and (iii) to comply with any federal, state or local law, rule or order with respect thereto or the regulation thereof not currently in effect. Landlord shall attempt to perform any such work with the least inconvenience to Tenant as possible, and provided Landlord uses commercially reasonable efforts to do so, in no event shall Tenant be permitted to withhold or reduce Basic Rental or other charges due hereunder as a result of same or otherwise make claim against Landlord for interruption or interference with Tenant's business and/or operations except as provided in Section 11(g) below.

Condition of Premises. Lessor makes no warranty or representation as AS-IS". Subject to the Premises. Lessee acknowledges performance by Landlord of its obligations to perform (or cause to be performed) the Tenant Improvements and, except as expressly provided to the contrary, as Tenant hereby agrees that the Premises shall be taken "as is", "with all faults", without any representations or warranties, and Tenant hereby agrees and warrants that it has occupied investigated and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect inspected the condition of the PremisesPremises and the suitability of same for Tenant's purposes, and enters Tenant does hereby waive and disclaim any objection to, cause of action based upon, or claim that its obligations hereunder should be reduced or limited because of the condition of the Premises or the Building or the suitability of same for Tenant's purposes. Except as expressly provided herein to the contrary, Tenant acknowledges that neither Landlord nor any agent nor any employee of Landlord has made any representations or warranty with respect to the Premises or the Building or with respect to the suitability of either for the conduct of Tenant's business, and Tenant expressly warrants and represents that Tenant has relied solely on its own investigation and inspection of the Premises and the Building in its decision to enter into this Lease upon the basis of its own review, and is leasing let the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTSan "as is" condition. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives The commencement of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or business in the Premises as by Tenant shall conclusively establish that the Premises and the Building (or such portion thereof occupied by Tenant) were at such time in satisfactory condition. Notwithstanding the foregoing, Landlord hereby assigns to Tenant, on a non-exclusive basis, to the extent assignable, all warranties and guaranties relating to the construction of the date hereof Building, and Landlord shall remain on use commercially reasonable efforts to assist Tenant, at no cost or expense to Landlord, with Tenant's enforcement of any warranties or guaranties that have been assigned to Tenant. Landlord shall use its commercially reasonable efforts to obtain at least a one year warranty from the Premises as and when Lessee evacuates general contractor constructing the Premises on the Termination Date or any extension thereofTenant Improvements.

Condition of Premises. Lessor makes no 13.1 Other than as expressly stated in this Lease, Tenant acknowledges that neither Landlord nor any of the Landlord Parties have made any representation or warranty or representation as of any kind whatsoever with respect to the PremisesSite, the Premises and/or the Building or with respect to the suitability of either for the conduct of Tenant’s business. Lessee Tenant acknowledges and agrees that it has occupied Tenant is relying solely upon Tenant’s own inspection of the Site, the Building and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect the condition of the Premises, and enters into this Lease upon Tenant is not relying on any representation or warranty from the basis of its own reviewLandlord regarding the Site, and is leasing the Premises or the Building, except as specifically set forth in their “AS ISthis Lease, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws any representation or warranty as to the physical condition, design or layout of the Site, the Building and regulations to which the Premises. Notwithstanding the foregoing, Landlord expressly represents and warrants that all Building Systems serving the Premises are are, or may will be subject and enters into this Lease upon the basis of its review and determination as of the applicability Lease Commencement Date, in good working condition and effect the Premises and Building as delivered by Landlord to Tenant (and after completion by Tenant of such the Compliance Work as defined in the Work Letter) shall comply with all applicable laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties , including, without limitation the Americans With Disabilities Act (42 U.S.C. Section 12101 et seq.) (“ADA”), and all applicable codes relating to restroom facilities and Landlord at Landlord’s sole cost and expense, will be responsible for all work and costs incurred (whether in connection with Tenant’s construction of any kind or nature, express or implied, as the Tenant Improvements pursuant to the condition (financial Work Letter or otherwise)) to bring the Premises, value into compliance with the ADA or quality Title 24 as enacted and in effect as of the products, assets or properties Lease Commencement Date. Subject to the provisions of the Premises. Lessee hereby accepts Work Letter, the costs incurred by Tenant to bring any portion of the Premises into compliance with any such laws in their condition existing connection with Tenant’s construction of Tenant Improvements, shall be the responsibility of Landlord and Landlord shall reimburse Tenant for any such costs within thirty (30) days following Tenant’s delivery to Landlord of a reasonably detailed invoice therefor provided that the obligation of Landlord to reimburse Tenant shall be as more particularly governed by the provisions of the Work Letter. Common Area Operating Expenses will not include any costs incurred by Landlord to bring the Building, or any portion thereof, into compliance with any of the laws or regulations described in the immediately preceding sentence applicable to the Building. 13.2 Landlord hereby<discloses to Tenant pursuant to California Civil Code Sections 55.53 and 1938 that as of the date hereofof this Lease, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of and the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofBuilding have not been inspected by a Certified Access Specialist.

Condition of Premises. Lessor makes no Tenant acknowledges that, except as otherwise expressly set forth in this Lease, neither Landlord nor any agent of Landlord has made any representation or warranty or representation as with respect to the Premises. Lessee acknowledges , the Building or the Project or their condition, or with respect to the suitability thereof for the conduct of Tenant's business and agrees that it has occupied and familiarized itself with Tenant shall accept the Premises in their as-is condition. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises were at such time complete and has had adequate opportunity in good, sanitary and satisfactory condition and repair without any obligation on Landlord's part to investigate make any alterations, upgrades or improvements thereto. Notwithstanding the foregoing, Landlord warrants that the Building, the parking areas and inspect any existing improvements in the condition Premises comply with all applicable laws, covenants or restrictions of record, building codes, regulations and ordinances including but not limited to the Americans with Disabilities Act of 1990 ("APPLICABLE REQUIREMENTS") in effect and as interpreted on the date Landlord delivers possession of the Premises to Tenant pursuant to Section 1.7 of the Summary. Said warranty does not apply to the use to which Tenant will put the Premises or to any alterations made or to be made by Tenant. Tenant is responsible for determining whether or not the zoning is appropriate for Tenant's intended use. If the Premises do not comply with said warranty, Landlord shall, as Tenant's sole remedy and promptly after receipt of written notice from Tenant setting forth with specificity the nature and extent of such non-compliance, rectify the same at Landlord's sole cost and expense; provided, however, if Tenant does not give Landlord written notice of a non-compliance with this warranty within thirty (30) days following the date Landlord delivers possession of the Premises, correction of that non-compliance shall be the obligation of Tenant at Tenant's sole cost and enters into this Lease upon expense. In addition, Landlord warrants that the basis of its own review, existing electrical and is leasing mechanical systems and equipment in the Premises shall be in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor good operating condition on the environmental condition date Landlord delivers possession of the PremisesPremises to Tenant pursuant to Section 1.7 of the Summary. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which If the Premises are or may be subject do not comply with said warranty, Landlord shall, as Tenant's sole remedy and enters into this Lease upon promptly after receipt of written notice from Tenant setting forth with specificity the basis of its review nature and determination of the applicability and effect extent of such laws non-compliance, rectify the same at Landlord's sole cost and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties expense; provided, however, if Tenant does not give Landlord written notice of any kind or nature, express or implied, as to the condition a non-compliance with this warranty within thirty (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of 30) days following the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use Landlord delivers possession of the Premises, correction of that non-compliance shall be the obligation of Tenant at Tenant's sole cost and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofexpense.

Condition of Premises. Lessor makes no warranty At the termination of this Lease by lapse of time or representation as otherwise, or upon termination of Tenant’s right of possession without terminating this Lease, Tenant shall surrender possession of the Premises to Landlord and deliver all keys to the Premises. Lessee acknowledges Premises to Landlord, and agrees that it has occupied and familiarized itself with shall return the Premises and has had adequate opportunity all equipment and fixtures of Landlord to investigate Landlord in as good condition as when Tenant originally took possession, ordinary wear, loss or damage by fire or other casualty not the fault of Tenant or insured casualty and inspect damage resulting from the condition act of Landlord or any other of its employees and agents or other tenants of the PremisesProperty excepted, failing which Landlord may restore the Premises and such equipment and fixtures to such condition and Tenant shall pay the reasonable cost thereof to Landlord on demand. All Alterations, whether temporary or permanent in character, made by Landlord or Tenant in or upon the Premises shall become Landlord’s property, and enters into unless Landlord requests their removal, shall remain upon the Premises at the termination of this Lease by lapse of time or otherwise or upon a termination of Tenant’s right of possession, without compensation to Tenant, excepting, however, Tenant’s movable office furniture, trade fixtures, office equipment and special lighting fixtures, provided that they may be removed without permanent structural damage to the Building. If Tenant does not remove such property upon the basis expiration or earlier termination of its own reviewthis Lease, or upon the termination of Tenant’s right of possession, at Landlord’s election Tenant shall be conclusively presumed to have forever abandoned such property, and is leasing without accepting title thereto, Landlord may, at Tenant’s expense, remove, store, destroy, discard or otherwise dispose of all or any part thereof without incurring liability to Tenant or to any other person, and Tenant shall pay Landlord upon demand the Premises expenses incurred in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTStaking such actions. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor Tenant’s obligations under this Section 17.1 shall survive the environmental condition expiration or earlier termination of the Premises. Lessee has investigated and has knowledge Term or a termination of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis Tenant’s right of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofpossession.

Condition of Premises. Lessor makes no Tenant acknowledges that it is fully familiar with the physical and environmental condition of the Property shall take the Premises in "AS IS" and "WHERE IS" condition without any representation or warranty whatsoever including regarding environmental condition of the Premises except as expressly set forth in this Lease for the Term, upon the terms and conditions of this Lease. Tenant shall, at Tenant’s sole expense: (a) comply with Environmental Law and, to the extent Environmental Law requires, clean up any Hazardous Substance Discharge; (b) make all submissions to, deliver all information required by, and otherwise fully comply with all requirements of any Government under Environmental Laws; (c) if any Government requires any clean- up plan or representation clean-up because of a Hazardous Substances Discharge, prepare and submit the required plans and any required financial assurances for such Hazardous Substances Discharge; (d) promptly and diligently carry out all such clean-up plans; (e) conduct and complete the Remedial Action as part of and in accordance with the timeline for the Third Stage Development; and (f) as to the period beginning on the Commencement Date and ending on the Expiration Date, Indemnify Landlord against any Hazardous Substances Discharge or violation of Environmental Law or non-performance of or delay in completion of the Remedial Action. Without limiting the generality of the foregoing, Tenant shall comply with any conditions of any no further action determination as provided for and in conformance with Rule 62-780.680, Fla. Admin. Code. Neither Landlord nor Tenant shall modify the terms of any such no further action determination without the written consent of the other party. Any party’s obligations under this Section 9 shall not limit such party’s rights against third parties. Notwithstanding anything to the contrary in this Lease, as to the period beginning on the Commencement Date and ending on the Expiration Date, as between Landlord and Tenant (and those claiming through Tenant), Landlord shall have no responsibility whatsoever regarding environmental matters and conditions on the Premises, except for the ERA Work. Lessee acknowledges If available at commercially reasonable rates, Tenant shall obtain and agrees maintain throughout the Term a pollution liability policy in the amount of $ (2012 dollars) with a deductible not to exceed $ (2012 dollars) to insure against risks including (if available) an unknown pollution condition, third-party claims alleging that it pollution has occupied and familiarized itself with migrated from the Premises and has had adequate opportunity damaged property off-Premises, allegations of bodily injury or property damage as a result of exposure to investigate and inspect the condition of toxic substances on the Premises, and enters into this Lease upon the basis of its own reviewdamage claims by Governments where permanent irreversible environmental damage is alleged, and similar risks. Both Landlord and Tenant shall be named insureds, though the policy will provide that only Tenant is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofresponsible for premium payment.

Condition of Premises. Lessor makes no warranty or representation as represents and warrants that Lessor is the fee owner of the Land Parcel and the Building and has full right and authority to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with lease the Premises and has had adequate opportunity to investigate and inspect the condition of the Premises, and enters otherwise enter into this Lease upon on the basis of its own review, terms and is leasing conditions set out herein. Lessor shall deliver the Premises to Lessee in their “AS IScompliance with all applicable laws, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws codes and regulations (including, without limitation, environmental laws Americans With Disabilities Act and regulations codes regarding risks of seismic activity, fire and life safety), and shall be responsible for any costs and expenses incurred to which satisfy the foregoing. Lessor warrants that the heating, ventilating and air conditioning system for the Premises (the "HVAC System") is in good working order and operating condition as of the Commencement Date. Lessee represents and covenants that it shall (i) obtain and keep in full force and effect all licenses, permits and approvals as are or may necessary to commence and perform the Clean Room Work (as defined in the letter related to improvements relating solely to the Clean Room entered into by the Lessor and the Lessee, dated and delivered on the date hereof (the "Lessee Clean Room Letter")) in compliance with applicable law, at its sole cost and expense, and shall be subject responsible for the cost and enters expense (as defined in the letter related to tenant improvements other than the Clean Room entered into by Lessor and Lessee, dated and delivered on the date hereof (the "Lessor Improvement Letter") as part of the Tenant Improvement Allowance, of Lessor obtaining such licenses, permits and approvals as are necessary to perform Lessor's Work and (ii) in addition thereto, obtain and keep in full force and effect for the term of this Lease, at its sole cost and expense, all other licenses, permits and approvals necessary to perform the intended use of the Premises hereunder. Lessor represents that the electrical power to the Building is 1200 amperes and Lessee certifies that it has satisfied itself that the Premises has sufficient electrical service and/or power for ▇▇▇▇▇▇'s intended use thereof. Lessee shall be solely responsible for the costs and expenses to obtain any electrical service and/or power at the Premises in addition to the amperes referenced above and Lessee shall comply with the terms of this Lease and all applicable law in obtaining such additional electrical service and/or power. Lessor may, at the request and expense of ▇▇▇▇▇▇, assist Lessee in obtaining such service and/or power with any governmental authorities and/or other power and electric companies. In reliance upon the basis of on its review and determination of the applicability Level I Environmental Site Assessment Report, dated September 22, 2000 by National Assessment Corporation, Lessor represents and effect warrants that the Building does not contain any Hazardous Substances (as defined in Section 28) in violation of any Environmental Law. Lessee has reviewed a copy of such laws Environmental Assessment Report, a copy of which was previously furnished to it. Lessor represents that it has received all necessary approvals (and regulations. Lessee acknowledges that Lessor expressly disclaims provided copies to Lessee) from the City of Monterey Park and any representations or warranties of any kind or nature, express or implied, as other applicable governmental agencies with respect to the condition (financial or otherwise), value or quality of the products, assets or properties ▇▇▇▇▇▇'s proposed uses of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereof.

Condition of Premises. Lessor makes no warranty or representation The County will deliver possession of the Premises in its AS IS, WHERE IS condition to Tenant on the Effective Date. The AS IS, WHERE IS condition, referred to herein as the “AS IS” condition, includes without limitation: (a) All Legal Requirements applicable to the Premises. Lessee acknowledges use and agrees that it has occupied and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect the condition improvement of the Premises, and enters into this Lease upon the basis all violations of its own reviewLegal Requirements. (b) All surface and subsurface conditions, and is leasing all things in, on, about and under the Premises. (c) All defects, latent and patent, on or in the Premises and buildings and existing improvements thereon. (d) All buildings and existing improvements on the Premises in their “AS ISIS condition. Tenant acknowledges and confirms that in accepting the Premises for lease in its AS IS condition, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO FAULTS AND WITHOUT ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIESWARRANTY, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMSTenant is relying solely on its own inspection and evaluation of the Premises. Further, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further Tenant acknowledges and agrees confirms that neither the County, nor any officials, agents, representatives, or employees of the County, has made any representations or warranties about the Premises or the condition thereof and that the County explicitly disclaims all representations and warranties relating to the Premises, including but not limited to the Premises’ compliance with the Legal Requirements and the suitability of the Premises for Tenant’s intended use. Tenant acknowledges that any study period provided for in this Lease will afford Tenant the opportunity to make such inspections (or have such inspections made by consultants) of the Premises and all factors relevant to its use, including, without limitation, having to complete the subdivision of the Premises from the Park and the subdivision of the Primary Parcel and the Stadium Parcel, if required under the Legal Requirements, the construction of all Improvements, and the condition of title, soils and subsurfaces. Tenant represents that it has had an is knowledgeable in real estate and construction matters, and that the inspections contemplated or permitted by this Lease provide Tenant with the opportunity to review have made all of the investigations and inspections Tenant deems necessary in connection with its leasing and development of the Premises, including but not limited to discuss with various agents and/or representatives of Lessor those pertaining to the physical, including without limitation the subdivision thereof, and environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereof.

Condition of Premises. Lessor makes no warranty or representation as Landlord, at its sole cost, shall complete the following Tenant Improvements in the Additional Space, pursuant to Exhibit “A-1” attached hereto, using Landlord’s building standards: 1. Demolish and remove approximately ten (10) linear feet of existing wall where shown; 2. Patch/repair existing carpet to match existing carpet in suite 360 to the Premisesbest of Landlord’s ability. Lessee Tenant acknowledges and agrees that it Landlord has occupied and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect the condition forewarned Tenant of the Premisesinconvenience Tenant may experience by occupying Suite 350 while Tenant Improvements are on going in Suite 360, including, but not limited to, interruption of utilities, noise, dust and debris, and enters into that Landlord is accommodating Tenant's request to complete Tenant Improvements in ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇'▇ ▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇. Tenant agrees to hold Landlord harmless from any interruption of business suffered by Tenant or any liability whatsoever resulting from any Tenant Improvements as set forth in this Lease upon the basis First Amendment to Office Lease. Landlord will make every reasonable effort to complete work as soon as possible after receipt of its own review, this signed First Amendment and is leasing the Premises move-in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges monies and agrees that it has had an opportunity estimates said work to review and take approximately two (2) weeks to discuss with various agents and/or representatives complete from date of Lessor the environmental condition Landlord's receipt of the Premisessigned First Amendment, but Landlord can make no guaranty of an exact date of completion and said completion date shall not affect the payment of rent due from Tenant. Lessee has investigated Both Tenant and has knowledge of operative or proposed governmental laws Landlord agree that the Lease for suite 360 will not commence until all improvements listed above are fully completed. If completed before February 15, 2011, then the lease Commencement Date will be February 15, 2011. Otherwise it will start on the date that Landlord and regulations includingTenant agree the above stated Tenant Improvements are completed and an amendment shall be created defining, without limitationsaid Commencement Date, environmental laws which will be attached hereto and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination will become a part of the applicability terms and effect conditions of such laws and regulationsthis First Amendment to Office Lease. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that Tenant shall be responsible for moving all furniture, equipmentand wall hangings, machinery and removal of all other personal propertywall coverings, excepting if any, and Landlord shall not be responsible for same. Tenant agrees not to interfere with, in any computersway, that are located on nor instruct Landlord's Tenant Improvement crew. In the event Tenant has any suggestions or in comments regarding the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofTenant Improvements, Tenant agrees to contact only ▇▇▇▇ ▇▇▇▇▇ at ▇▇▇▇ Commercial Realty Corp. regarding same.

Condition of Premises. Lessor makes no warranty or representation as to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with Landlord shall deliver the Premises (including, but not limited to HVAC (as hereinafter defined), electrical, plumbing, sewer and has had adequate opportunity to investigate and inspect the condition of the Premisesother Building systems, and enters into this the exterior walls, roof, parking area, landscaping and walkways) to Tenant on the Lease upon the basis of its own review, Commencement Date and is leasing Tenant shall accept the Premises in their “"AS IS" condition. Tenant acknowledges that Tenant, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor not Landlord was responsible for the environmental condition construction of the Premises. Lessee has investigated Project, and has knowledge Landlord makes no representation or warranty, and specifically disclaims any representation or warranty concerning the following: (a) whether the Project was constructed in compliance with all Applicable Laws (as defined in ARTICLE 24), and whether any written notice of operative or proposed noncompliance with Applicable Laws concerning the Project was issued by any governmental laws authorities prior to the Lease Commencement Date; (b) whether the Project and regulations including, without limitation, environmental laws and regulations to which the Premises are free of Hazardous Materials (as defined in SECTION 29.31) that are required to be reported to governmental authorities under Applicable Laws, or may which would be subject in violation of any Applicable Laws; and enters into this Lease upon (c) whether the basis Building's electrical, plumbing, heating and ventilation systems are of its review a type, design, quality and determination capacity as commensurate with Comparable Buildings (as defined in SECTION 6.1), and whether they are in good working condition and repair as of the applicability and effect of such laws and regulationsLease Commencement Date. Lessee Other than as expressly set forth in this Lease, Tenant acknowledges that Lessor expressly disclaims neither Landlord nor any representations agent of Landlord has made any representation or warranties warranty with respect to the Premises or with respect to the present or future suitability of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality part of the products, assets Premises for the conduct of Tenant's business or properties of the Premisesuses proposed by Tenant. Lessee Tenant hereby accepts the Premises Premises, the Building, and all improvements thereon, in their condition existing as of the date hereofcondition, subject to all applicable zoning, municipal, county and state (commonwealth) laws, ordinances and regulations governing and regulating the use of the Premises, and any covenants or restrictions of record, and accepts this Lease subject thereto to all of the foregoing and to all matters disclosed thereby and by in this Lease. Notwithstanding the foregoing, Landlord shall be responsible for repairing or replacing, as necessary, any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all latent or other personal property, excepting any computers, that are located on defect or change of condition in the Premises as or the Project which materially and adversely affects Tenant's use or occupancy of the date hereof Premises; provided, however, the Rent hereunder shall remain on in no case be withheld or diminished because of any such latent or other defect, any change in the Premises condition thereof or the existence with respect thereto of any violations of Applicable Laws. Tenant shall have no right to any abatement of Rent except as expressly provided in SECTIONS 6.3, 11.1 and when Lessee evacuates the Premises on the Termination Date or any extension thereof13.1.

Condition of Premises. Lessor makes no Tenant acknowledges that, except as otherwise expressly set forth in this Lease, neither Landlord nor any agent of Landlord has made any representation or warranty or representation as with respect to the Premises, the Building or the Project or their condition, or with respect to the suitability thereof for the conduct of Tenant’s business. Lessee acknowledges The taking of possession of the Premises by Tenant shall conclusively establish that the Project, the Premises, the Tenant improvements therein, the Building and agrees that it has occupied the Common Areas were at such time complete and familiarized itself in good, sanitary and satisfactory condition and repair and without any obligation on Landlord’s part to make any alterations, upgrades or improvements thereto. Notwithstanding anything to the contrary in Section 11.1 or this Section 11.2, as of the Commencement Date (i) all plumbing, electrical, HVAC and mechanical systems in the Premises shall be in good working order (with the Premises exception of failures to such systems caused by Tenant and has had adequate opportunity the repairs needed to investigate the HVAC system identified in the Due Diligence Report dated December 11, 1996 prepared by Weather Engineering, the responsibility of which will be Tenant’s at its cost and inspect expense, but with respect to the HVAC repairs, subject to reimbursement by Landlord from the Construction Allowance) and (ii) the Common Areas shall comply with Title III of the Americans with Disabilities Act of 1990 (the “Act”) and all other laws applicable thereto (but without regard to the Tenant Improvements, for which Tenant shall be responsible to ensure compliance with the Act and all other laws applicable thereto). In the event it is determined that the condition of the PremisesPremises or Common Areas is not as required by this Section 11.2, then it shall be the obligation of Landlord, after written notice from Tenant, to promptly, at Landlord’s sole cost and enters into this Lease upon expense, rectify any such condition, In the basis event Tenant does not give Landlord written notice that any of its own reviewthe plumbing, electrical, HVAC or mechanical systems are not in good working order within eighteen (18) days from the Commencement Date, the correction of same shall be the responsibility of Tenant at Tenant’s cost. Landlord warrants that: (i) as of the date hereof and is leasing as of the Commencement Date Landlord has no actual knowledge of any material defects in the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges or Building which could reasonably be expected by Landlord to unreasonably interfere with Tenant’s use and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition enjoyment of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations includingPremises (however, without limitation, environmental laws and regulations this warranty shall not apply to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition defects caused by Tenant); (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing ii) as of the date hereof, subject Landlord is the fee owner of the Premises and has the right and authority to all applicable zoninglease the Premises to Tenant on the terms and conditions set forth in the Lease; and (iii) as of the Commencement Date, municipalor as soon thereafter as is reasonably practicable, county Landlord shall complete its currently planned improvements to the exterior of the Building. As the exclusive remedy for a breach of the foregoing warranties, Landlord shall, promptly following written notice thereof from Tenant, correct any violation of the foregoing warranties at Landlord’s sole cost and state lawsexpense. Subject to the foregoing warranties, ordinances and regulations governing and regulating the use of by entry upon the Premises, and accepts this Lease subject thereto and Tenant agrees to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in accept the Premises in their “as of is” condition. Notwithstanding the date hereof shall remain on foregoing, Tenant acknowledges that certain repairs to the Premises as are needed due to vandalism, and when Lessee evacuates that Tenant will be responsible for the Premises on repair of same, subject to reimbursement by Landlord from the Termination Date or any extension thereofConstruction Allowance.

Condition of Premises. Lessor makes no warranty or representation as Prior to the Premises. Lessee acknowledges Commencement Date and agrees that it has occupied in accordance with the Work Schedule to be prepared by Landlord and familiarized itself with Tenant pursuant to the Work Letter Agreement attached hereto as Exhibit C, Landlord and Tenant shall jointly conduct a walk-through inspection of the Premises and has had adequate opportunity shall jointly prepare a list (the "Punch-List") of items needing additional work; provided, however, the Punch-List shall be limited to investigate items required to be installed by Landlord under the Work Letter Agreement and inspect the condition Punch-List will not include any items of damage to the Premises caused by Tenant's move-in or early entry, if permitted. Damage caused by Tenant will be corrected or repaired by Landlord, at Tenant's expense. Other than the items specified in the Punch-List, by taking possession of the Premises, and enters into this Lease upon the basis of its own review, and is leasing Tenant will be deemed to have accepted the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises Building in their condition existing on the date of delivery of possession and to have acknowledged that Landlord has installed the Tenant Improvements as required by the Work Letter Agreement and that there are no additional items needing work or repair. Landlord shall cause all items set forth in the Punch-List (including those items set forth in 2.(a) above) to be repaired or corrected within thirty (30) days following the preparation of the date hereofPunch-List or as soon as reasonably practicable after the preparation of the Punch-List. Except as set forth in the Lease, subject Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to all applicable zoningthe Premises, municipalthe Building, county the Project or any portions thereof or with respect to the suitability of same for the conduct of Tenant's business. Without limiting the foregoing, if the Building is newly constructed or renovated, Tenant's execution of the Notice attached hereto as Exhibit D shall constitute a specific acknowledgment and state laws, ordinances and regulations governing and regulating acceptance of the various start-up inconveniences that may be associated with the use of the PremisesProject and the Common Areas such as certain construction obstacles including scaffolding, uneven air conditioning services and accepts this Lease subject thereto and other typical conditions incident to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on recently constructed or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofrenovated buildings.

Condition of Premises. Lessor makes no warranty or representation as to Landlord shall complete the Premises. Lessee acknowledges work described on the attached Exhibit C (the “Landlord Improvements”) in a good and agrees that it has occupied workmanlike manner and familiarized itself in accordance with the Premises and has had adequate opportunity to investigate and inspect the condition provisions of the Premises, attached Exhibit B and enters into this Lease upon the basis of its own review, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoningcodes, municipal, county and state laws, ordinances and regulations governing regulations. If the Landlord Improvements have not been substantially completed on or before August 15, 2003, then Tenant shall have the right to complete the Landlord Improvements and regulating Landlord shall reimburse Tenant for all reasonable costs and expenses expended by Tenant in connection therewith within fifteen (15) days after Landlord receives Tenant’s written itemized statement. If Landlord fails to so reimburse Tenant, then Tenant shall have the right to set off such amounts (plus interest thereon at the Default Rate) against the next ensuing rent payments until Tenant has been fully reimbursed. Upon execution of this Lease, Tenant, its employees, agents and contractors shall have the right to enter upon the Premises prior to the Commencement Date for the purpose of performing such improvements and alterations as Tenant requires for its use of the Premises, including installing racking, networking and accepts telephone wiring, cabling and equipment and other special equipment, all of which is consented to by Landlord. In addition, Tenant shall have the right to make certain other improvements and repairs to the Premises (the “Tenant Improvements”) pursuant to mutually agreeable plans and specifications, which shall include but not be limited to the items described on the attached Exhibit D. In the event that the parties are unable to agree upon the plans and specifications for the Tenant Improvements on or before August 31, 2003, Tenant shall have the right to terminate this Lease subject thereto by written notice to Landlord. Subject to Section 10.1E of this Lease, Tenant shall have the right to use the Premises prior to the Commencement Date to the extent permitted by any temporary certificate of occupancy or applicable codes, laws, ordinances and regulations. With respect to all warranties received by Landlord that relate to any items that Tenant is obligated to maintain or repair, Landlord shall assign such warranties to Tenant to the extent such warranties are assignable, and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniturethe extent such warranties are not assignable, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof Landlord shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofenforce such warranties promptly after receiving Tenant’s request for same.

Condition of Premises. Lessor makes no warranty Tenant hereby agrees that except as provided in the Tenant Work Letter attached hereto as Exhibit "D" and made a part hereof the Premises shall be taken "as is", "with all faults", "without any representations or representation as to the Premises. Lessee acknowledges warranties", and Tenant hereby agrees and warrants that it has occupied investigated and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect inspected the condition of the PremisesPremises and the suitability of same for Tenant's purposes, and enters Tenant does hereby waive and disclaim any objection to, cause of action based upon, or claim that its obligations hereunder should be reduced or limited because of the condition of the Premises or the Project or the suitability of same for Tenant's purposes. Tenant acknowledges that neither Landlord nor any agent nor any employee of Landlord has made any representations or warranty with respect to the Premises or the Project or with respect to the suitability of either for the conduct of Tenant's business and Tenant expressly warrants and represents that Tenant has relied solely on its own investigation and inspection of the Premises and the Project in its decision to enter into this Lease upon the basis of its own review, and is leasing let the Premises in their “AS ISthe above-described condition. Nothing contained herein is intended to, WHERE IS” CONDITION WITH ALL FAULTSnor shall, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTIONobligate Landlord to implement sustainability practices for the Project or to seek certification under, RENOVATIONor make modifications in order to obtain, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTSa certification from LEED or any other comparable certification. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the The Premises are or may shall be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, initially improved by Landlord as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premisesprovided in, and accepts this Lease subject thereto to, the Tenant Work Letter attached hereto as Exhibit "D" and to all matters disclosed thereby and by any exhibits attached heretomade a part hereof. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or The existing leasehold improvements in the Premises as of the date hereof shall remain on of this Lease, together with the Improvements (as defined in the Tenant Work Letter) may be collectively referred to herein as the "Tenant Improvements." The taking of possession of the Premises as and when Lessee evacuates by Tenant shall conclusively establish that the Premises on and the Termination Date Project were at such time in satisfactory condition. Tenant hereby waives subsection 1 of Section 1932 and Sections 1941 and 1942 of the Civil Code of California or any extension thereofsuccessor provision of law.

Condition of Premises. Lessor makes Landlord shall deliver the Premises and Landlord's Work shall be good and workmanlike using first class materials. Landlord's Work is hereby warranted for one year from the Rent Commencement Date and no warranty or representation costs to effect the same shall be included in Operating Expenses. All Building systems including, but not limited to, HVAC, mechanical and electrical, elevators and the structure of the Building shall be in good working order and/or good repair, as to the case may be, at the time Tenant occupies the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with the The Premises and has had adequate opportunity to investigate and inspect the condition of the Premisesshall be initially improved as provided in, and enters into this Lease upon subject to, the basis of its own review, Tenant Work Letter attached hereto as Exhibit "B" and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTSmade a part hereof. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition The existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or leasehold improvements in the Premises as of the date hereof shall remain on of this Lease, together with the Tenant Improvements (as defined in the Tenant Work Letter) may be collectively referred to herein as the "Tenant Improvements." Landlord reserves the right from time to time, but subject to payment by and/or reimbursement from Tenant as otherwise provided herein: (i) to install, use, maintain, repair, replace and relocate for service to the Premises as and/or other parts of the Building pipes, ducts, conduits, wires, appurtenant fixtures, and when Lessee evacuates mechanical systems, wherever located in the Premises on or the Termination Date Building, (ii) to alter, close or relocate any extension thereoffacility in the Premises or the Common Areas or otherwise conduct any of the above activities for the purpose of complying with legal requirements for fire/life safety for the Building or otherwise and (iii) to comply with any federal, state or local law, rule or order with respect thereto or the regulation thereof not currently in effect. Landlord shall use reasonable efforts to perform any such work with the least inconvenience to Tenant as possible, but in no event shall Tenant be permitted to withhold or reduce Rent or other charges due hereunder as a result of same or otherwise make claim against Landlord for interruption or interference with Tenant's business and/or operations. No incursion into or through the Premises shall be made without Tenant's consent except in the case of an emergency. Notwithstanding the foregoing, in the event Landlord requires entry into the Premises for the purpose of performing any of its obligations contained in this Lease and such entry is denied, Landlord shall not be deemed in default hereunder for failing to perform such obligations.

Condition of Premises. Lessor makes no Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty or representation as with respect to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect the condition of the Premises, and enters into this Lease upon the basis of its own reviewBuilding or the Project, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss or with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as respect to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use suitability of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached heretothe Building or the Project for the conduct of Tenant’s business. Lessee hereby agrees Tenant acknowledges that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in (a) it is fully familiar with the condition of the Premises and agrees to take the same in its condition “as is” as of the date hereof Term Commencement Date and (b) Landlord shall remain on have no obligation to alter, repair or otherwise prepare the Premises as and when Lessee evacuates for Tenant’s occupancy or to pay for or construct any improvements to the Premises. Notwithstanding the foregoing, Landlord shall deliver the Premises to Tenant with the following work completed: (w) removal of the equipment listed on Exhibit D-1 attached hereto, (x) demising of domestic water and gas serving the Termination Premises from the remainder of the Building and install meters or submeters (or other means) to monitor Tenant’s usage of such utilities and of electricity, (y) removal of interior offices in the Office Premises in accordance with the space plan to be agreed upon by Landlord and Tenant and (z) replacement of ceiling tiles, light fixtures and carpet in the Office Premises (collectively, “Landlord’s Work”). In addition, Landlord shall deliver the Premises with the “Building Systems” (i.e., HVAC, plumbing, mechanical, electrical and life safety) in good working order and condition, and shall warrant for a period of twelve (12) months following the Term Commencement Date such Building Systems. Costs incurred by Landlord pursuant to this Article 5 shall not be charged as Operating Expenses. Landlord acknowledges that during the period Landlord is performing Landlord’s Work, Tenant’s construction of the Tenant Improvements may continue. Landlord and Tenant shall adopt schedules that conform with the other’s, and shall conduct (and cause their contractors and subcontractors to conduct) their respective work in such a manner as to maintain harmonious labor relations and as not to interfere with or delay the other’s work. If Landlord’s Work is not substantially complete on or before the Term Commencement Date, this Lease shall not be void or voidable, nor shall Landlord be liable to Tenant for any extension thereofresulting loss or damage. Notwithstanding the foregoing, Tenant shall not be liable for Base Rent or Operating Expenses and the Term Commencement Date shall not occur until Landlord’s Work is substantially complete, except to the extent that Landlord’s failure to complete Landlord’s Work results from accident; breakage; repair; strike, lockout or other labor disturbance or labor dispute of any character; act of terrorism; shortage of materials, which shortage is not unique to Landlord or Tenant, as the case may be; governmental regulation, moratorium or other governmental action, inaction or delay; or Landlord’s inability, despite the exercise of reasonable diligence or by any other cause, including Landlord’s negligence, to furnish any such utility or service; an act or failure to act of Tenant or its agents, employees or contractors that interferes with the progress of Landlord’s Work.

Condition of Premises. Lessor makes no warranty or representation as Landlord shall deliver to Tenant a copy of each final Exit Survey submitted by JCVI pursuant to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with Assignment Agreement ("JCVI Exit Survey") upon Landlord's receipt, without any representation or warranty, express or implied, including but not limited to any representation or warranty regarding the Premises and has had adequate opportunity to investigate and inspect the condition accuracy or completeness of the Premises, and enters into this Lease upon JCVI Exit Survey. The delivery of such JCVI Exit Survey shall not be deemed to be a representation or warranty regarding the basis of its own review, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the physical or environmental condition of the Premises. Lessee has investigated and has knowledge On the Revised Term Commencement Date, Landlord shall deliver possession of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulationsto Tenant in broom clean condition. Lessee Tenant acknowledges that Lessor (a) except as expressly disclaims any representations provided in this Second Amendment or warranties of any kind or naturethe Lease, express or implied, as Tenant agrees to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts take the Premises in their its condition existing "as is" as of the date hereoffirst day of the Revised Term, subject and (b) Landlord shall have no obligation to all applicable zoningalter, municipal, county and state laws, ordinances and regulations governing and regulating repair or otherwise prepare the use of Premises for Tenant's continued occupancy for the Revised Term or to pay for any improvements to the Premises, and accepts except as expressly provided in this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached heretoSecond Amendment or the Lease. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as Tenant's taking of the date hereof shall remain on the Premises as and when Lessee evacuates possession of the Premises on the Termination Revised Term Commencement Date shall, except as otherwise agreed to in writing by Landlord and Tenant, conclusively establish that the Premises, the Building, the Building systems and the Project were at such time in good, sanitary and satisfactory condition and repair. Notwithstanding the foregoing, at any time during the first twenty-four (24) months of the Revised Term (the "Warranty Period"), if any standard HVAC units (but specifically excluding any specialized HVAC units added by Tenant, such as those units that may be required for manufacturing) serving the Premises shall fail to be in good working order, then Tenant may deliver written notice to Landlord describing in reasonable detail such failure, and Landlord will perform the work necessary to put the HVAC unit in good working order with reasonable promptness and at Landlord's sole cost as Tenant's sole remedy for any such failure (and Tenant shall not be entitled to damages or any extension thereofother remedy as a result of such failure, except as provided in Section 16.2 of the Lease); provided, however, that Landlord's obligations pursuant to the foregoing shall be limited to necessary repairs and/or replacements, as determined by Landlord in its reasonable discretion, and Tenant shall remain responsible for the standard preventative maintenance and upkeep of such HVAC units in the ordinary course. During the Warranty Period, all costs which are the obligation of Landlord pursuant to this Section 9 shall be borne solely by Landlord and not included as Operating Expenses, provided Tenant (and not Landlord) shall be responsible for all costs, in whole or in part, that are incurred to the extent attributable to the negligence or willful misconduct of Tenant or any of its employees, contractors or subcontractors.

Condition of Premises. Lessor makes no warranty Subject to Landlord's construction of the Tenant Improvements as provided in Exhibit "D" and any latent defects, Tenant hereby agrees that the Premises shall be taken "as is", "with all faults", "without any representations or representation as to the Premises. Lessee acknowledges warranties", except for minor punch-list items, and Tenant hereby agrees and warrants that it has occupied investigated and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect inspected the condition of the PremisesPremises and the suitability of same for Tenant's purposes. Tenant acknowledges that neither Landlord nor any agent nor any employee of Landlord has made any representations or warranty with respect to the Premises or the Project or with respect to the suitability of either for the conduct of Tenant's business, and enters Tenant expressly warrants and represents that Tenant has relied solely on its own investigation and inspection of the Premises and the Project in its decision to enter into this Lease upon the basis of its own review, and is leasing let the Premises in their “AS ISan "as is" condition. The Premises shall be initially improved as provided in, WHERE IS” CONDITION WITH ALL FAULTSand subject to, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTSthe Tenant Work Letter attached hereto as Exhibit "D" and made a part hereof. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges Tenant hereby waives Sections 1941 and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition 1942 of the PremisesCivil Code of California or any successor provision of law. Lessee has investigated Landlord reserves the right from time to time: (i) to install, use, maintain, repair, replace and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations relocate for service to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination and/or other parts of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or natureProject pipes, express or impliedducts, as to the condition (financial or otherwise)conduits, value or quality of the productswires, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premisesappurtenant fixtures, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furnituremechanical systems, equipment, machinery and all other personal property, excepting any computers, that are wherever located on or in the Premises as or the Project, (ii) to alter, close or relocate any facility in the Premises or the Common Areas or otherwise conduct any of the date hereof above activities for the purpose of complying with a general plan for fire/life safety for the Project or otherwise, and (iii) to comply with any federal, state or local law, rule or order with respect thereto or the regulation thereof not currently in effect. Landlord shall remain on provide Tenant with commercially reasonable prior notice and shall perform any such work with the least inconvenience to Tenant as reasonably possible, but in no event shall Tenant be permitted to withhold or reduce Basic Rental or other charges due hereunder as a result of same, or otherwise make claim against Landlord for interruption or interference with Tenant's business and/or operations; provided, however, in the event such interruption or interference materially and adversely interferes with the operation of Tenant's business in the Premises as for more than five (5) consecutive business days, then the Basic Rental shall be equitably abated from and when Lessee evacuates after such fifth (5th) business day during the Premises on the Termination Date continuance of such interruption or any extension thereofinterference.

Condition of Premises. Lessor makes no warranty or representation as to the Premises. Lessee Tenant acknowledges and agrees that, subject to the terms and conditions set forth in this Second Amendment, Landlord has agreed to extend the Term of the Lease on the express condition that it has occupied and familiarized itself with Tenant accepts the Premises in their as-is condition and that neither Landlord nor any representative of Landlord has had adequate opportunity made any representation or warranty with respect to investigate and inspect the condition of the Premises, except as specifically set forth in the Lease, as amended hereby. Notwithstanding the foregoing, Landlord shall, at its sole cost and enters into this Lease upon expense, remove the basis of its own reviewlarge planters located on the Deck Area and replace the planters with privacy screening mutually agreeable to Landlord and Tenant, and which is leasing in compliance with all applicable codes, laws, ordinances, rules and regulations, to provide privacy from the adjacent building (the “Privacy Screening”). Landlord shall also clean or repair the flooring of the Deck Area in the areas previously occupied by the large planters to the extent necessary to attain an appearance reasonably consistent with the remainder of the Deck Area flooring. Landlord and Tenant shall use commercially reasonable efforts to determine the means of providing the Privacy Screening within ninety (90) days following the Effective Date. Landlord shall use commercially reasonable efforts to install the Privacy Screening and remove the planters from the Deck Area within sixty (60) days following the date upon which the Privacy Screening has been determined. Landlord shall provide Tenant with no less than two (2) business days prior notice before entering the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTSand Deck Area to remove the planters and install the Privacy Screening. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity Landlord shall use commercially reasonable efforts to review and minimize interference with Tenant’s use of or access to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject during such entry and enters into this removal. 4 - Second Amendment to Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereof.13016-007 Fastly Second Amendment

Condition of Premises. Lessor makes no warranty Landlord shall construct, at its expense, the Building and the Leased Premises in accordance with plans and specifications to be agreed upon by Landlord and Tenant and which are consistent with the plans and specifications which are or representation as shall be attached to the Premisesagreement between Landlord and Tenant attached to this Lease as Exhibit “C” (“Plans and Specifications”) (such work and improvements to be completed by Landlord in order to provide the Leased Premises to Tenant referred to as “Landlord’s Work”). Lessee acknowledges The Landlord’s Work will comply with all applicable laws, ordinances, rules, codes and regulations of governmental authorities. Landlord agrees to perform Landlord’s Work subject to force majeure as defined in Section 16.15 and shall give Tenant thirty (30) days written notice of the day on which Landlord’s Work shall be substantially completed. Tenant shall have the right and privilege of going onto the Leased Premises to complete interior decoration work and to prepare the Leased Premises for its occupancy, provided, however, that it has occupied its schedule in so doing shall be communicated to Landlord and familiarized itself the approval of Landlord secured so as not to interfere with other work of Landlord being carried on at the time; and provided further that Landlord shall have no responsibility or liability whatsoever for any loss or damage to any of Tenant’s leasehold improvements, fixtures, equipment or any other materials installed or left in the Leased Premises prior to the Commencement Date except for damage caused solely by the negligence or intentional misconduct of Landlord or its contractors. All construction associated with the Landlord’s Work will be done in a good workmanlike manner using materials in accordance with the Plans and Specifications and will not vary in any substantial manner without Tenant’s prior written consent. Landlord shall commence construction of the Building and the Leased Premises and has had adequate opportunity to investigate and inspect the condition completion of the PremisesLandlord’s Work as soon as practical following approval of the final Plans and Specifications, which is anticipated to occur on or before the Plans and Specifications Approval Date, and enters shall substantially complete the same with all reasonable dispatch, and in any event prior to the dates as set forth below. For purposes of this Lease, “substantially complete” means (i) completing the Landlord’s Work so that the only incomplete items are minor or insubstantial details of construction; (ii) Tenant, its employees, agents, invitees and contractors have ready access to the Leased Premises; and (iii) the fixtures and equipment to be installed by Landlord are installed and in good operating order. If the Landlord’s Work is not completed and a certificate of substantial completion or an equivalent certificate issued by the architect or general contractor for the Leased Premises is not obtained on or before December 1, 1999 (the “Penalty Date”), and such delays are not caused by Tenant or excused by Section 16.15, Tenant will receive reimbursement of all consequential costs and damages incurred or sustained by Tenant resulting from such delayed possession (after reducing any damages by taking into account amounts paid by Landlord under this Lease). If such costs and damages are not reimbursed by Landlord within sixty (60) days after receipt by Landlord of a written demand including an accounting of such costs and damages, Tenant shall have a right to set-off such costs and damages against Rental. Tenant shall be entitled to terminate this Lease upon the basis of its own reviewwritten notice to Landlord if Landlord’s Work is not substantially complete by May 1, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereof2000.

Condition of Premises. Lessor makes no warranty or representation as TENANT shall take good care of the Apartment and its fixtures, furniture and furnishings, and shall report promptly in writing to the Premisesmanager when any equipment or fixture or portion of the Apartment is known to be out of repair. Lessee acknowledges TENANT shall be responsible for keeping clean the Apartment and agrees any patios, balconies, wood decks or other areas that it has occupied are reserved for private use of TENANT. No alterations, additions or improvements in the Apartment or the building or grounds in the complex of which the apartment is a part may be made by TENANT without the prior written consent of OWNER/AGENT. Any alterations, additions, improvements put in at the expense of the TENANT shall become the property of OWNER/AGENT and familiarized itself shall remain upon and be surrendered with the Premises Apartment as permanent fixtures at the termination of this LEASE. If OWNER/ AGENT consents to any work, TENANT shall indemnify and has had adequate opportunity hold OWNER harmless, against any and all claims, costs, damages, liabilities and expenses (including attorney’s fees) which may be brought or imposed against or incurred by TENANT in connections with such work. All mechanics liens filed by reason of such work shall be discharged by TENANT, at his/her expense, within ten (10) days after filing. TENANT shall be responsible and liable for any and all injury or damage done to investigate the Apartment or to the building or complex in which the same is located, or the lawns, grounds, trees, shrubbery, sidewalks and inspect complex surrounding the condition building, or to any and all property of TENANT or other tenants caused by TENANT’s acts or omission, or by those of TENANT’s family, servants, agents, guests, permittee, invitee, other persons or pets whom TENANT permits to be in, on or about the PremisesApartment, building or complex, including injury or damage due to the operation, maintenance or control of heating and cooling equipment, appliances, fixtures that are in good working order and TENANT shall also be liable for damage due to the failure to maintain heat therein to prevent damage to the Apartment. The extent and amount of damages to be charged to the TENANT shall be determined by the OWNER, based upon damages and subsequent costs incurred by OWNER, and enters into this Lease upon shall be payable on demand by the basis of its own review, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as TENANT to the condition (financial OWNER. Should TENANT pay or otherwise)be required to pay or have expense for any act or omission by virtue of TENANT’s tenancy, value or quality of caused by, through or under ▇▇▇▇▇▇, his family, servants, agents, guests or others, then the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing same shall be paid by ▇▇▇▇▇▇ as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofaccrued additional rent.

Condition of Premises. Lessor makes no Tenant acknowledges that, except as otherwise expressly set forth in this Lease, neither Landlord nor any agent of Landlord has made any representation or warranty or representation as with respect to the Premises, the Building or the Site or their condition, or with respect to the suitability thereof for the conduct of Tenant's business. Lessee acknowledges and agrees that it has occupied and familiarized itself with The taking of possession of the Premises and has had adequate opportunity to investigate and inspect by Tenant shall conclusively establish that the condition of Site, the Premises, the Leasehold Improvements therein, the Building and enters into this Lease upon the basis Common Areas are at such time complete and in good, sanitary and satisfactory condition and repair with all work required to be performed by Landlord, if any, pursuant to Exhibit "F" ---------- completed and without any obligation on Landlord's part to make any alterations, upgrades or improvements hereto, except for the repair of its own review, and is leasing any latent defects in the Building or Premises (excluding any portion of the Premises constructed by Tenant) disclosed by Tenant and specified in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTSwritten notice to Landlord no later than one (1) year after the Commencement Date. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSELandlord shall cause all latent defects so specified in Tenant's notice to be completed and/or repaired as soon as reasonably possible after Landlord's receipt thereof. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee Tenant further acknowledges and agrees to accept the various start-up inconveniences that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating associated with the use of the PremisesCommon Areas and other typical conditions incident to recently constructed office buildings, such as construction obstacles including scaffolding, delays in the use of freight elevator service, certain elevators not being available to Tenant, the passage of work crews using elevators, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofuneven air conditioning service.

Condition of Premises. Lessor makes no warranty At the expiration or representation as earlier termination of this Lease by lapse of time or otherwise, or upon termination of Tenant’s right of possession without terminating this Lease, Tenant shall surrender possession of the Premises to Landlord and deliver all keys to the Premises. Lessee acknowledges Premises to Landlord, and agrees that it has occupied and familiarized itself with shall return the Premises and has had adequate opportunity all equipment and fixtures of Landlord to investigate Landlord in as good condition as when Tenant originally took possession, ordinary wear and inspect tear, loss or damage by fire or other insured casualty, and damage resulting from the act of Landlord or any other of its employees and agents excepted, failing which Landlord may restore the Premises and such equipment and fixtures to such condition and Tenant shall pay the cost thereof to Landlord as Rent immediately upon demand. Except as provided below, all improvements, fixtures and other items in or upon the Premises (including without limitation all Alterations, but expressly excluding movable office furniture, trade fixtures, office equipment and other personal property belonging to Tenant that they may be removed without permanent structural damage to the Premises or the Building), whether temporary or permanent in character and whether made by Landlord or Tenant, shall become Landlord’s property and shall remain upon the Premises at the expiration or earlier termination of this Lease by lapse of time or otherwise or upon a termination of Tenant’s right of possession, without compensation to Tenant. Notwithstanding the foregoing, if within ten (10) days prior to the expiration or earlier termination of this Lease or Tenant’s right of possession thereafter Landlord so directs by notice, Tenant shall promptly remove such of the Premises, foregoing items as are designated in such notice and enters into this Lease upon the basis of its own review, and is leasing restore the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition prior to the installation of such items. If Tenant does not remove such property upon the expiration or earlier termination of this Lease, or upon the termination of Tenant’s right of possession, at Landlord’s election: (financial i) Tenant shall be conclusively presumed to have conveyed the same to Landlord under this Lease as a b▇▇▇ of sale without payment or otherwise)credit by Landlord, value or quality (ii) Tenant shall be conclusively presumed to have forever abandoned such property, and without accepting title thereto, Landlord may, at Tenant’s expense, remove, store, destroy, discard or otherwise dispose of all or any part thereof without incurring liability to Tenant or to any other person, and Tenant shall pay Landlord immediately upon demand the expenses incurred in taking such actions. Unless prohibited by applicable Laws, Landlord shall have a lien against such property for the costs incurred in removing and storing the same. Tenant’s obligations under this Subsection 17.1 shall survive the expiration or earlier termination of the products, assets Term or properties a termination of the Premises. Lessee hereby accepts the Premises in their condition existing as Tenant’s right of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofpossession.

Condition of Premises. Lessor makes no warranty or representation as to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with Tenant's taking of possession of the Premises and has had adequate opportunity to investigate and inspect the condition of shall --------------------- conclusively establish that the Premises, and enters into this Lease upon the basis of its own reviewBuilding, and is leasing Common Areas were in satisfactory condition at the time of that possession (excluding latent defects and "punch list" items). Without limiting the foregoing, Tenant specifically acknowledges that it will take possession of the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees despite the existence of various inconveniences that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating associated with the use of the PremisesBuilding's Common Areas, such as certain construction obstacles including scaffolding, delays in use of freight elevator service, certain elevators not being available to Tenant, the passage of work crews using elevators, uneven air conditioning services and other typical conditions incident to the repair or renovation of office buildings. Tenant also accepts that from time to time there may be construction and improvement work by Landlord on other space in the Building and to the Common Areas and other portions of the Project, and that such work may cause intermittent noise, vibrations, or other temporary inconveniences; provided, however, Landlord will take all steps reasonably necessary and feasible to minimize all such inconveniences to Tenant and Tenant's employees and visitors. Tenant accepts this Lease subject thereto that the Project contains another office building and that the Project Common Areas are shared with that other office building. Landlord and Tenant agree that (I) Landlord shall be responsible for compliance of the Common Areas with the Americans with Disabilities Act ("ADA") and shall pay any costs incurred to all matters disclosed thereby bring the Common Areas into compliance with the ADA, and by (ii) Tenant shall be responsible for compliance of the Premises with the ADA and shall pay any exhibits attached hereto. Lessee hereby agrees that all furniturecosts incurred to bring the Premises into compliance with the ADA; provided, equipment, machinery and all other personal property, excepting any computershowever, that if any Alterations (as defined below) are located on or in required to bring the Common Areas into compliance with the ADA because of Alterations made to the Premises as of by Tenant, then upon demand by Landlord, Tenant shall reimburse Landlord for any costs incurred to make such Alterations to the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofCommon Areas.

Condition of Premises. Lessor makes no warranty or representation as to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect the condition Having made such inspection of the Premises, the Building, Lot 1 or the Project as it deemed prudent and enters into this Lease upon the basis of its own review, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations appropriate (including, without limitation, environmental laws and regulations to which testing for the Premises are or may be subject and enters into this Lease upon the basis presence of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwisemold), value or quality of the products, assets or properties of the Premises. Lessee Tenant hereby accepts the Premises in their condition existing as of the date hereofDelivery Date, “AS-IS” and “WITH ALL FAULTS” subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use and condition of the Premises, and any covenants or restrictions, liens, encumbrances and title exceptions of record, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture; provided, equipment, machinery and all other personal property, excepting any computershowever, that are located on nothing herein shall be deemed to alter, limit, or otherwise amend any of Landlord’s repair, maintenance and other obligations under this Lease, all of which shall remain in full force and effect notwithstanding Tenant’s acceptance of the Premises. Except as specifically set forth in this Lease and in the Premises Work Letter Agreement for Tenant Improvements and Interior Specification Standards attached hereto as Exhibit C and made a part hereof (“Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the Tenant Improvements for the Premises. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty as to the present or future suitability of the date hereof Premises for the conduct of Tenant’s business. Neither party has been induced to enter into this Lease by, nor is either party is relying on, any representation or warranty outside those expressly set forth in this Lease. Neither Landlord nor anyone acting on its behalf shall remain be liable for the nondisclosure of any facts other than Landlord’s breach of any express representation or warranty contained in this Lease, nor shall this Lease be subject to rescission on account of, the Premises nondisclosure of any facts. Tenant expressly waives any right to rescission and /or damages (other than any damages that may be recoverable under this Lease as and when Lessee evacuates the Premises a result of Landlord’s breach of any of its express representations or warranties contained in this Lease) based on the Termination Date or nondisclosure of any extension thereoffacts.

Condition of Premises. Lessor makes no warranty or representation as to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with (a) Tenant shall notify Landlord at least 30 days before vacating the Premises and has had adequate opportunity to investigate and inspect the condition of the Premises, and enters into this Lease upon the basis of its own review, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition arrange for a joint inspection of the Premises. Lessee has investigated If Tenant fails to give notice and has knowledge of operative or proposed governmental laws and regulations includingarrange an inspection, without limitation, environmental laws and regulations to which Landlord's inspection after Tenant vacates the Premises are shall be conclusively deemed correct for purposes of determining Tenant's responsibility for repairs to the Premises. (b) On or may before the Expiration Date or the date of earlier termination of this Lease, Tenant shall, at its expense, remove all property owned by or in the custody of Tenant from the Premises; all property not timely removed shall be subject and enters into deemed abandoned at Landlord's option. Tenant appoints Landlord its agent to remove its property from the Premises on termination of this Lease upon the basis and to cause transportation and storage of its review Tenant's property for Tenant's benefit, all at Tenant's sole cost and determination risk, and Landlord shall not be liable for any damage to or loss or theft of any of the applicability property. (c) On the Expiration Date or on earlier termination of this Lease, Tenant shall peaceably surrender the Premises in good order and effect in a condition consistent with Tenant's repair obligations under this Lease, and shall surrender at the place then fixed for payment of such laws Rent all keys for the Premises and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties shall inform Landlord of combinations of any kind vaults, locks and safes left at the Premises. (d) Tenant shall reimburse Landlord on demand for any expenses incurred by Landlord with respect to removal, transportation or nature, express storage of abandoned property or implied, as with respect to restoring the Premises to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located required on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofsurrender.

Condition of Premises. Lessor makes no warranty Tenant shall, during the Lease Term, keep the Leased Premises and the improvements and appurtenances therein in good order and condition, and at the expiration of the Lease Term, or representation at the sooner termination of this Lease as herein provided, deliver up the same in good order and condition, ordinary wear and tear excepted, as at the beginning of the tenancy, broom clean, damage by fire or other insured casualty excepted, and, subject to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect the condition provisions of the PremisesSection 9 hereof, and enters into this Lease upon the basis Tenant shall remove all of its own review, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations property therefrom (including, without limitation, environmental laws the Vaults) prior to such termination. Any items of Tenant's personalty remaining in the Leased Premises after the termination of the Lease shall be deemed abandoned by Tenant and regulations become the sole property of Landlord. Notwithstanding the foregoing, any costs incurred by Landlord in storing and/or disposing of such abandoned property shall remain the sole obligation of Tenant, which obligation shall survive the termination of this Lease. Tenant shall pay for all damage to the Building, its fixtures and appurtenances, as well as all damage sustained by the tenants or occupants of the Building due to any waste, misuse or neglect of the Leased Premises, its fixtures and appurtenances, by Tenant, its employees or any other person or persons upon the Leased Premises. Tenant shall not place a load upon any floor of the Leased Premises exceeding the floor load per square foot, which the Premises are or such floor was designed to carry and which may be subject allowed by law. There shall be no allowance to Tenant for a diminution of rental value, no abatement of rent, and enters into this Lease upon no liability on the basis part of its review and determination Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making repairs, alterations, additions or improvements in or to any portion of the applicability Real Property or Leased Premises, or in or to fixtures, appurtenances or equipment thereof, and effect no liability upon Landlord for failure of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims Landlord or others to make any representations repairs, alterations, additions or warranties improvements in or to any portion of any kind the Building or natureof the Leased Premises, express or implied, as in or to the condition (financial fixtures, appurtenances or otherwise), value or quality of equipment thereof and the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject foregoing shall not be construed to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by mean that Landlord has any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofsuch obligations.

Condition of Premises. Lessor makes no warranty or representation as to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with Landlord shall deliver the Premises (including, but not limited to HVAC (as hereinafter defined), electrical, plumbing, sewer and has had adequate opportunity to investigate and inspect the condition of the Premisesother Building systems, and enters into this the exterior walls, roof, parking area, landscaping and walkways) to Tenant on the Lease upon the basis of its own review, Commencement Date in their “AS IS” condition and is leasing Tenant shall accept the Premises in their “AS IS” condition. Tenant acknowledges that Tenant, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor not Landlord was responsible for the environmental condition construction of the Premises. Lessee Project and that Tenant has investigated continuously occupied the Premises as a Tenant since November 26, 2002, and has knowledge Landlord makes no representation or warranty, and specifically disclaims any representation or warranty concerning the following: (a) whether the Project was constructed in compliance with all Applicable Laws (as defined in Article 24), and whether any written notice of operative or proposed noncompliance with Applicable Laws concerning the Project was issued by any governmental laws authorities prior to the Lease Commencement Date; (b) whether the Project and regulations including, without limitation, environmental laws and regulations to which the Premises are free of Hazardous Materials (as defined in Section 29.31) that are required to be reported to governmental authorities under Applicable Laws, or may which would be subject in violation of any Applicable Laws; and enters into this Lease upon (c) whether the basis Building’s electrical, plumbing, heating and ventilation systems are of its review a type, design, quality and determination capacity as commensurate with Comparable Buildings (as defined in Section 6.1), and whether they are in good working condition and repair as of the applicability and effect of such laws and regulationsLease Commencement Date. Lessee Other than as expressly set forth in this Lease, Tenant acknowledges that Lessor expressly disclaims neither Landlord nor any representations agent of Landlord has made any representation or warranties warranty with respect to the Premises or with respect to the present or future suitability of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality part of the products, assets Premises for the conduct of Tenant’s business or properties of the Premisesuses proposed by Tenant. Lessee Tenant hereby accepts the Premises Premises, the Building, and all improvements thereon, in their condition existing as of the date hereofcondition, subject to all applicable zoning, municipal, county and state (commonwealth) laws, ordinances and regulations governing and regulating the use of the Premises, and any covenants or restrictions of record, and accepts this Lease subject thereto to all of the foregoing and to all matters disclosed thereby and by in this Lease. Notwithstanding the foregoing, Landlord shall be responsible for repairing or replacing, as necessary, any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all latent or other personal property, excepting any computers, that are located on defect or change of condition in the Premises as or the Project which materially and adversely affects Tenant’s use or occupancy of the date hereof Premises; provided, however, the Rent hereunder shall remain on in no case be withheld or diminished because of any such latent or other defect, any change in the Premises condition thereof or the existence with respect thereto of any violations of Applicable Laws. Tenant shall have no right to any abatement of Rent except as expressly provided in Sections 6.3, 11.1 and when Lessee evacuates the Premises on the Termination Date or any extension thereof13.1.

Condition of Premises. Lessor makes no warranty Sublandlord shall deliver the Sublease Premises in its “As-Is” condition, professionally cleaned per standard industry practices. Sublandlord shall decontaminate and decommission (if required from radioactive isotope usage) the Sublease Premises as required by any related regulatory guidelines and industry practices and provide formal close out procedure records and documentation certifying that the premises are free of hazardous materials. With respect to any reports and studies regarding the decontamination, decommissioning and environmental testing, Sublandlord shall provide a letter from the person who prepared the report, study or representation as test allowing the Subtenant to rely thereon (subject to the Premisesterms and conditions set forth in the report or study or otherwise applicable thereto). Lessee acknowledges All base building systems, installed equipment and agrees that it has occupied trade fixtures servicing the Sublease Premises shall be in good repair and familiarized itself with the Premises working order, normal wear and has had adequate opportunity to investigate and inspect the condition of the Premisestear excepted, and enters into this Lease upon the basis of its own review, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTSa condition where maintenance contracts can be placed on them. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee Sublandlord acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, Subtenant will be utilizing select hazardous materials as to further defined under the condition (financial or otherwise), value or quality of the products, assets or properties of the PremisesLease. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby Subtenant agrees that all furniturehazardous materials will be generated and used in strict compliance with all applicable rules, equipmentregulations and ordinances and Subtenant shall obtain, machinery at Subtenant’s sole expense, all necessary permits. Sublandlord agrees to indemnify and hold Subtenant harmless for any contaminants introduced into the Building or site prior to the Sublease Commencement Date. Subtenant agrees to indemnify and hold harmless Sublandlord harmless for any contaminants introduced into the Building or the site introduced by Subtenant after the Sublease Commencement Date, unless caused by the willful misconduct or gross negligence by Sublandlord. The Sublease Premises shall be broom-clean, free and clear of any furniture and equipment to be removed in accordance with Section 14 and all other personal property, excepting any computers, that are located on damage to the premises resulting from such removal of furniture and equipment or in the Premises as vacation of the date hereof Sublease Premises by the Sublandlord shall remain on be repaired by the Premises as Sublandlord at its sole cost and when Lessee evacuates the Premises on the Termination Date or any extension thereofexpense.

Condition of Premises. Lessor makes no warranty Tenant hereby agrees that the Premises shall be taken “as is,” “with all faults,” “without any representations or representation as to the Premises. Lessee warranties,” and Tenant hereby acknowledges and agrees that it has occupied investigated and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect inspected the condition of the PremisesPremises and the suitability of same for Tenant’s purposes, and enters Tenant hereby acknowledges that there are no abandoned wires or cables within the Premises. Tenant does hereby waive and disclaim any objection to, cause of action based upon, or claim that its obligations hereunder should be reduced or limited because of the condition of the Premises or the Building or the suitability of same for Tenant’s purposes. Tenant acknowledges that neither Landlord nor any agent nor any employee of Landlord has made any representation or warranty with respect to the Premises or the Building or with respect to the suitability of either for the conduct of Tenant’s business and Tenant expressly represents and warrants that Tenant has relied solely on its own investigation and inspection of the Premises and the Building in its decision to enter into this Lease upon the basis of its own review, and is leasing let the Premises in their an “AS IS, WHERE ISAs Is” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTScondition. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the The Premises are or may shall be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, initially improved as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premisesprovided in, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached heretoto, the Tenant Work Letter. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or The existing leasehold improvements in the Premises as of the date hereof shall remain on of this Lease, together with the Tenant Improvements as defined in the Work Letter may be collectively referred to herein as the “Leasehold Improvements.” The taking of possession of the Premises as by Tenant for the purpose of constructing the Tenant Improvements shall conclusively establish that the Premises, the existing leasehold improvements and when Lessee evacuates the Building were at such time in satisfactory condition. Tenant hereby waives any obligation, imposed by a law, statute, ordinance, governmental regulation or requirement of the United States, the State in which the Building is located or any local government authority or agency or any political subdivision thereof, now or hereafter in effect, requiring the Landlord to alter the Premises on or the Termination Date Building to conform to any specified condition and to repair any subsequent deterioration thereof, which render it unacceptable by such governing body. If such deterioration is repaired by Tenant, Tenant may not deduct the expenses of such repairs from Rent when due and Tenant has no right to vacate the Premises and be discharged from further payment of Rent if such repairs are not made by Landlord, but Tenant’s sole remedy shall be to recover from Landlord by legal proceedings the costs incurred by Tenant in repairing such deterioration. Landlord reserves the right from time to time, but subject to payment by and/or reimbursement from Tenant as otherwise provided herein: (i) to install, use, maintain, repair, replace and relocate for service to the Premises and/or other parts of the Building pipes, ducts, conduits, wires, appurtenant fixtures, and mechanical systems, wherever located in the Premises or the Building, (ii) to alter, close or relocate any extension thereoffacility in the Premises or the Common Areas or otherwise conduct any of the above activities for the purpose of complying with a general plan for fire/life safety for the Building or otherwise and (iii) to comply with any federal, state or local law, rule or order with respect thereto or the regulation thereof not currently in effect. Landlord shall attempt to perform any such work with the least inconvenience to Tenant as possible, but in no event shall Tenant be permitted to withhold or reduce Rent or other charges due hereunder as a result of same or otherwise make claim against Landlord for interruption or interference with Tenant’s business and/or operations.

Condition of Premises. Lessor makes no warranty [Note that Landlord has the obligation to repair the mechanical systems serving the Building and that the costs of such repairs are not ordinarily included in Operating Expenses if they are capital expenditures].** Tenant hereby agrees that the Premises shall be taken “as is,” “with all faults,” “without any representations or representation as to the Premises. Lessee warranties” Tenant hereby acknowledges and agrees that it has occupied investigated and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect inspected the condition of the Premises and the suitability of same for Tenant’s purposes. Tenant acknowledges that there are no abandoned wires or cables within the Premises. Tenant does hereby waive and disclaim any objection to, cause of action based upon, or claim that its obligations hereunder should be reduced or limited because of the condition of the Premises or the Building or the suitability of same for Tenant’s purposes. Tenant acknowledges that neither Landlord nor any agent nor any employee of Landlord has made any representation or warranty with respect to the Premises or the Building or with respect to the suitability of either for the conduct of Tenant’s business and enters Tenant expressly represents and warrants that Tenant has relied solely on its own investigation and inspection of the Premises and the Building in its decision to enter into this Lease upon the basis of its own review, and is leasing let the Premises in their an “AS ISAs Is” condition. The Premises shall be initially improved as provided in, WHERE IS” CONDITION WITH ALL FAULTSand subject to, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTIONthe Tenant Work Letter attached hereto as Exhibit B and made a part hereof. The taking of possession of the Premises by Tenant shall conclusively establish that the Premises and the Building were at such time in satisfactory condition. Tenant hereby waives any obligation, RENOVATIONimposed by a law, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERSstatute, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASEordinance, NO WARRANTIESgovernmental regulation or requirement of the United States, EXPRESS OR IMPLIEDthe State in which the Building is located or any local government authority or agency or any political subdivision thereof, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMSnow or hereafter in effect, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity requiring Landlord to review alter the Premises or the Building to conform to any specified condition and to discuss with various agents repair any subsequent deterioration, thereof, which render it unacceptable by such governing body. If such deterioration is repaired by Tenant, Tenant may not deduct the expenses of such repairs from Rent when due and Tenant has no right to vacate the Premises and be discharged from further payment of Rent, if such repairs are not made by Landlord. Landlord reserves the right from time to time, but subject to payment by and/or representatives of Lessor reimbursement from Tenant as otherwise provided herein: (i) to install, use, maintain, repair, replace and relocate for service to the environmental condition Premises and/or other parts of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations includingBuilding pipes, without limitationducts, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or natureconduits, express or impliedwires, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premisesappurtenant fixtures, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furnituremechanical systems, equipment, machinery and all other personal property, excepting any computers, that are wherever located on or in the Premises as or the Building, (ii) to alter, close or relocate any facility in the Premises or the Common Areas or otherwise conduct any of the date hereof above activities for the purpose of complying with a general plan for fire/life safety for the Building or otherwise and (iii) to comply with any federal, state or local law, rule or order with respect thereto or the regulation thereof not currently in effect. Landlord shall remain on attempt to perform any such work with the Premises least inconvenience to Tenant as and when Lessee evacuates the Premises on the Termination Date possible, but in no event shall Tenant be permitted to withhold or any extension thereofreduce Rent or other charges due hereunder as a result of same or otherwise make claim against Landlord for interruption or interference with Tenant’s business and/or operations.

Condition of Premises. Lessor makes Tenant acknowledges that Landlord shall have no warranty obligation to perform any construction or representation make any additional improvements or alterations, or to afford any allowance to Tenant for improvements or alterations, in connection with this Amendment, other than as is set forth in this Paragraph 10. Except as is provided in this Paragraph 10 and Exhibit B, Tenant accepts the New Space in its “as is” condition. Landlord shall tender possession of the New Space with all the work to be performed by Landlord pursuant to Exhibit B to this Lease substantially completed, endeavoring to do so by April 1, 2006 (the Premises“Scheduled Commencement Date”). Lessee acknowledges and agrees that it has occupied and familiarized itself with Tenant shall deliver a punch list of items not completed within thirty (30) days after Landlord tenders possession of the Premises and has had adequate opportunity Landlord agrees to investigate proceed with due diligence to perform its obligations regarding such items. Tenant shall, at Landlord’s request, execute and inspect deliver a memorandum agreement provided by Landlord in the condition form of Exhibit C attached hereto, setting forth the actual New Space Commencement Date, Termination Date and, if necessary, a revised rent schedule. Should Tenant fail to do so within thirty (30) days after Landlord’s request, the information set forth in such memorandum provided by Landlord shall be conclusively presumed to be agreed and correct. Tenant agrees that in the event of the Premisesinability of Landlord to deliver possession of the New Space on the Scheduled Commencement Date for any reason, Landlord shall not be liable for any damage resulting from such inability and Tenant shall continue in occupancy of, and enters into paying rent on account of, the Current Premises at the rate currently payable under the Lease; but Tenant shall not be liable for any rent for the New Space until the time when Landlord can, after notice to Tenant, deliver possession of the New Space to Tenant. No such failure to give possession on the Scheduled Commencement Date shall affect the other obligations of Tenant under this Lease, except that if this Lease upon is executed by the basis Tenant and delivered to Landlord by January 5, 2006 and Landlord is unable to deliver possession of its own reviewthe New Space by May 15, 2006 (other than as a result of strikes, shortages of materials, holdover tenancies or similar matters beyond the reasonable control of Landlord and Tenant is leasing notified by Landlord in writing as to such delay), Tenant shall have the Premises in their “AS ISoption to deliver a termination notice, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review unless and to discuss with various agents the extent that said delay is as a result of: (a) Tenant’s failure to agree to plans and specifications and/or representatives construction cost estimates or bids; (b) Tenant’s request for materials, finishes or installations other than Landlord’s standard except those, if any, that Landlord shall have expressly agreed to furnish without extension of Lessor the environmental condition time agreed by Landlord; (c) Tenant’s change in any plans or specifications; or, (d) performance or completion by a party employed by Tenant (each of the Premisesforegoing, a “Tenant Delay”). Lessee has investigated If any delay is the result of a Tenant Delay, the New Space Commencement Date and has knowledge the payment of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into rent under this Lease upon for the basis New Space shall be accelerated by the number of its review days of such Tenant Delay. Subject to the foregoing, if Tenant has provided the aforesaid termination notice, this Amendment shall be deemed terminated and determination not to be part of the applicability Lease and the Lease shall continue in full force and effect without reference to this Amendment. In the event Landlord permits Tenant, or any agent, employee or contractor of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations Tenant, to enter, use or warranties of any kind or nature, express or implied, as occupy the New Space prior to the condition (financial New Space Commencement Date, such entry, use or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, occupancy shall be subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use provisions of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached heretoother than the payment of rent for the New Space. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof Said early possession shall remain on the Premises as and when Lessee evacuates the Premises on not advance the Termination Date or any extension thereofDate.

Condition of Premises. Lessor makes no warranty Thirty (30) days following the Rent Commencement Date and in accordance with the Work Letter Agreement attached hereto as Exhibit "C", Landlord and Tenant will jointly conduct a walk-through inspection of the C&B Premises and will jointly prepare a punch-list ("Punch-List") of items required to be installed by Landlord under the Work Letter Agreement which require finishing or representation as correction. The Punch-List will not include any items of damage to the PremisesC&B Premises caused by Tenant's move-in or early entry, if permitted, which damage will be corrected or repaired by Landlord, at Tenant's expense or, at Landlord's election, by Tenant, at Tenant's expense. Lessee acknowledges Other than latent defects of which Landlord is notified within one (1) year after the Rent Commencement Date, Landlord's obligations under Paragraph 14 of this Lease, and agrees that it has occupied and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect items specified in the condition Punch-List, by taking possession of the C&B Premises, and enters into this Lease upon Tenant will be deemed to have accepted the basis of its own review, and is leasing the C&B Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental its condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of on the date hereofof delivery of possession, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use and occupancy of the C&B Premises and to have acknowledged that the Tenant Improvements have been installed as required by the Work Letter Agreement and that there are no additional items needing work or repair by Landlord. Landlord will cause all items in the Punch-List to be repaired or corrected within thirty (30) days following the preparation of the Punch-List or as soon as practicable after the preparation of the Punch-List. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the Premises, the Development or any portions thereof or with respect to the suitability of same for the conduct of Tenant's business. The foregoing inspection of the C&B Premises may hereinafter be referred to as the "Inspection Process." Landlord and accepts this Lease subject thereto Tenant acknowledge and agree that the Inspection Process shall be applicable to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in each portion of the Subleased Premises as such portions are turned over to Tenant and the respective subtenants thereof in accordance with the terms of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofthis Lease.

Condition of Premises. Lessor makes no Tenant shall notify Landlord in writing within three hundred thirty (330) days after the later of (a) the Date of Lease or (b) the date on which a certificate of occupancy or equivalent document is issued for the Shell Improvements and the core area of the Building of any defects with respect to the Shell Improvements in the Premises or the core area of the Building. Notwithstanding the notice period in the immediately preceding sentence, if Tenant discovers or becomes aware of any latent defects with respect to the Shell Improvements in the Premises or the core area of the Building, Tenant shall notify Landlord thereof within fifteen (15) business days after Tenant discovers or becomes aware of any such latent defect, and at Tenant’s request, Landlord will take any and all reasonable steps to enforce any rights (including, without limitation, any warranty rights or representation as rights to bring a breach of contract claim) against Landlord’s contractors in order to cause any such latent defects to be promptly corrected. Except for defects stated in any such notice, and subject to Landlord’s agreements in the immediately preceding sentence, Tenant shall be conclusively deemed to have accepted the Premises “AS IS” in the condition existing on the date Tenant first takes possession and to have waived all claims relating to the condition of the Premises. Lessee acknowledges Landlord shall proceed diligently to correct the defects stated in such notice unless Landlord disputes the existence of any such defects. No agreement of Landlord to alter, remodel, decorate, clean or improve the Premises, the Building, the Property or the Project and agrees that it has occupied and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect no representation regarding the condition of the Premises, and enters into the Building, the Property or the Project has been made by or on behalf of Landlord to Tenant, except as may be specifically stated in this Lease upon the basis of its own review, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofWork Letter.

Condition of Premises. Lessor makes no warranty or representation Landlord warrants to Tenant that on the Commencement Date and except for improvements constructed by Tenant, (i) all building systems, including roof (including the roof structure and membrane), plumbing, HVAC, fire sprinklers, electrical (including panels and outlets), interior lighting, ceiling tiles, and window coverings and all exterior sprinklers and lighting, the parking area and landscaping shall be in good operating condition and good repair, and (ii) the Building and Common Area shall be in compliance with all Laws (as defined below), including seismic requirements, ADA and Title 24. Any defects in the warranted matters which are reported by Tenant to Landlord within ninety (90) days after the Commencement Date shall be repaired by Landlord at Landlord’s cost and expense. Landlord covenants that at its sole cost and expense (and not as a Common Area charge) it will complete, prior to the PremisesCommencement Date: (a) the HVAC repairs identified in the report of CalAir dated April 4, 2006, and (b) the roof repairs identified in the report of Roof Leak Services dated March 13, 2006 (jointly, the “Reports”). Lessee acknowledges Copies of the Reports have been delivered to Tenant. Landlord further covenants that at its sole cost and agrees expense it will replace, (i) prior to the Commencement Date the Trane air conditioning units on the roof of the Building identified in the CalAir report as Unit 7 (1979-3 ton) and Unit 2 (1979-5 ton), and (ii) as necessary during the Lease Term, the five (5) other Trane air conditioning units now installed on the roof of the Building. Provided, however, prior to the replacement of said Units 7 and 2, if Contractor recommends that it has occupied and familiarized itself with units larger than currently existing units are required for Tenant’s server room, Tenant may elect to cause said larger units to be installed in lieu of the two smaller units being replaced, in which case Tenant shall pay the excess cost thereof directly or such cost shall be charged against the Allowance. Notwithstanding anything to the contrary contained in this Lease, Tenant’s acceptance of the Premises and has had adequate opportunity shall not be deemed a waiver of Tenant’s right to investigate and inspect have latent defects in the condition of improvements corrected by Landlord or the PremisesPremises repaired at no cost to Tenant. Tenant shall give notice to Landlord whenever any such latent defect becomes reasonably apparent, and enters into this Lease upon Landlord shall repair the basis defect as soon as practicable. Any capital repairs or replacements required for the roof during the six month period following the Commencement Date shall be at the sole cost and expense of its own review, Landlord and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofnot a Common Area charge.

Condition of Premises. Lessor makes no warranty or representation as to the Premises. Lessee Tenant hereby acknowledges and agrees that it (a) Landlord has occupied and familiarized itself made no representations or warranties whatsoever to Tenant with respect to the Premises and has had adequate opportunity to investigate and inspect Premises, the condition of the Premises, and enters into this Lease upon or the basis suitability for use by Tenant of its own review, and is leasing the Premises in their connection with the business operations of Tenant, and (b) Landlord has no obligation to Tenant whatsoever, pursuant to the Lease or otherwise, with respect to the obtaining or maintaining during or prior to the Extended Term of any governmental approvals, consents, licenses, permits or certificates of use or occupancy (collectively, the “AS ISGovernmental Authorizations”) that shall or may be a condition of, WHERE IS” CONDITION WITH ALL FAULTSrequired or necessary for, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTIONor desired by Tenant in connection with, RENOVATIONthe use or occupancy of the Premises by Tenant pursuant to the Lease and that any and all such Governmental Authorizations that shall or may be a condition of or so required, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERSnecessary or desired in connection with the use or occupancy of the Premises by Tenant pursuant to the Lease, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTSshall be obtained and/or maintained by Tenant, at Tenant’s sole cost and expense. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASEThe obtaining of any Governmental Authorizations shall not be a condition precedent to the commencement of the Extended Term on December 1, NO WARRANTIES2018 or the effectiveness of any of the agreements, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEcovenants or obligations of Tenant that pursuant to the terms and conditions of the Lease commence on or after such date (including as to the payment of Rent). LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further Tenant hereby acknowledges and agrees that it has had an opportunity (i) the Premises are being leased to review Tenant by Landlord in their “as is, where is and with all defects” condition as of the first (1st) day of the Extended Term, and (ii) Landlord shall have no obligation whatsoever, pursuant to discuss the Lease or otherwise, to make any alterations or improvements to or with various agents and/or representatives of Lessor the environmental condition of respect to the Premises. Lessee has investigated and has knowledge Nothing set forth in clause (ii) of operative the preceding sentence shall be construed to relieve Landlord from performing, or proposed governmental laws and regulations includingto limit Landlord’s obligation to perform, without limitationany maintenance, environmental laws and regulations repairs, or replacements with respect to which the Premises are or may be subject that in accordance with the terms and enters into this Lease upon the basis of its review and determination conditions of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as Existing Lease Landlord is obligated to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofperform.

Condition of Premises. Lessor Landlord shall deliver the Demised Premises to Tenant on the Commencement Date "broom clean" and in all "as is" condition. Tenant shall be responsible for all leasehold improvements at its own cost and expense in accordance with Paragraph 11c. Tenant acknowledges that the existing parking facilities are and will be adequate for Tenant's purposes throughout the term hereof As of the Commencement Date, all of the Demises Premises' mechanical and electrical systems shall be in working order and the roof, windows and doors shall be free of leaks. Except as specifically provided herein, Landlord makes no warranty or representation as to the design, construction, physical condition, development or use of the Demised Premises. Lessee acknowledges Tenant acknowledges, represents and agrees that it has occupied and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect the condition of the Premisesexcept as specifically set forth in this Lease, and enters into this Lease upon the basis of its own review, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any no representations or warranties of any kind have been made by Landlord or natureits agents or representatives, express whether expressed or implied, in fact or by law, Tenant acknowledges that it has examined the Demised Premises and has received same in "as is" condition except as expressly set forth herein. Without limiting tile generality of the foregoing, Tenant acknowledges, represents and agrees that no representations have been made by Landlord as to tile expenses, operations and maintenance thereof, the condition (financial services to be rendered to the Demised Premises, or otherwise)the utilities, value water supply or quality of other services to or for the products, assets or properties of the Premises. Lessee hereby accepts the Demised Premises and Tenant agrees to accept same in their existing "as is" condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof Landlord shall remain not be responsible for any latent or other defects or changes in the condition of the Demises Premises. The rent and other charges reserved hereunder shall in no case be withheld or diminished on account of any damage or loss occurring to the Demised Premises as during the term of this Lease. Landlord shall have no obligation to perform any work therein (including, without limitation, demolition of any improvements existing therein or construction of any tenant finish-work or other improvements therein), and when Lessee evacuates shall not be obligated to reimburse Tenant or provide an allowance for any costs related to the demolition or construction of improvements therein. Before Tenant may occupy the Demised Premises to conduct its business therein, Tenant shall, at its expense, obtain and deliver to Landlord a certificate of occupancy for the Demised Premises from the appropriate governmental authority. Between the date hereof and the Commencement Date, Tenant shall have the right to inspect the Demised Premises to determine the existence of any violations of governmental laws, rules, regulations or ordinances or the existence of any material structural or mechanical defects in the Demised Premises. During such time period, Tenant shall also apply for a Certificate of Occupancy or similar certificate if such is required for Tenant's occupancy of the Demised Premises. If Tenant's inspection reveals any of the above defects or if a Certificate of Occupancy is required but not obtainable on or before the Termination Commencement Date, Tenant shall provide notice thereof to Landlord and Landlord shall have a reasonable period to correct such defect or obtain such Certificate and the Commencement Date (and all other dates herein) shall be adjourned until Landlord cures such defect or any extension thereofobtains such Certificate. If Landlord is unable to do so within sixty (60) days of notice, either party shall have the right to terminate this Lease on notice to the other.

Condition of Premises. Lessor makes Landlord shall perform the work described in Exhibit E (“Landlord’s Work”). Landlord’s Work shall be substantially complete on or before the Term Commencement Date, subject to force majeure and delays by Tenant. Landlord covenants and represents that Landlord’s Work shall be completed in a good and workmanlike manner and in compliance with all applicable Legal Requirements. Notwithstanding the foregoing, in the event Tenant requests any changes to Landlord’s Work as described in Exhibit E and such changes result in any increase in the cost of Landlord’s Work, Landlord shall have no warranty or representation obligation to perform such work until Tenant has paid to Landlord the amount of any such increase. Except as expressly set forth herein with respect to the Premises. Lessee Landlord’s Work (as described in Exhibit E), Tenant acknowledges and agrees that it has occupied and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect the condition of the Premises, and enters into this Lease upon the basis of its own review, and Tenant is leasing the Premises in their its “AS IS, ,” “WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges condition and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor all faults on the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations includingTerm Commencement Date, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or naturewarranties, express or implied, in fact or by law, and without recourse to Landlord. Except as expressly set forth herein with respect to Landlord’s Work, Tenant acknowledges that it has inspected the Premises and has found the same satisfactory. Except as expressly set forth herein with respect to Landlord’s Work, Tenant agrees that Landlord shall have no obligation to perform any work of construction or repair to render the Premises fit for use or occupation, or for Tenant’s particular purposes or to make them acceptable to Tenant. Landlord is not obligated to provide any rental abatements, improvement allowances, or other payments, credits or allowances of any kind with respect to this Lease except as expressly set forth herein with respect to Landlord’s Contribution. Furthermore, notwithstanding anything to the condition (financial or otherwise)contrary contained herein, value or quality of Landlord hereby represents and warrants that the products, assets or properties of the Premises. Lessee hereby accepts HVAC system serving the Premises shall be in their good working order and condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofTerm Commencement Date.

Condition of Premises. Lessor makes no warranty or representation Tenant hereby agrees that except as to provided in the Premises. Lessee acknowledges Tenant Work Letter attached hereto as Exhibit “D” and made a part hereof, the Premises shall be taken “as is” and Tenant hereby agrees and warrants that it has occupied investigated and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect inspected the condition of the PremisesPremises and the suitability of same for Tenant’s purposes, and enters Tenant does hereby waive and disclaim any objection to, cause of action based upon, or claim that its obligations hereunder should be reduced or limited because of the suitability of the Premises or Project for Tenant’s purposes. Tenant acknowledges that neither Landlord nor any agent nor any employee of Landlord has made any representations or warranty with respect to the Premises or the Project or with respect to the suitability of either for the conduct of Tenant’s business and Tenant expressly warrants and represents that Tenant has relied solely on its own investigation and inspection of the Premises in its decision to enter into this Lease upon the basis of its own review, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of let the Premises. Lessee has investigated and has knowledge of operative Nothing contained herein is intended to, nor shall, obligate Landlord to implement sustainability practices for the Project or proposed governmental laws and regulations includingto seek certification under, without limitationor make modifications in order to obtain, environmental laws and regulations to which the a certification from LEED or any other comparable certification. The Premises are or may shall be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, initially improved as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premisesprovided in, and accepts this Lease subject thereto to, the Tenant Work Letter attached hereto as Exhibit “D” and to all matters disclosed thereby and by any exhibits attached heretomade a part hereof. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or The existing leasehold improvements in the Premises as of the date hereof shall remain on of this Lease, together with the Improvements (as defined in the Tenant Work Letter) may be collectively referred to herein as the “Tenant Improvements.” The taking of possession of the Premises as by Tenant, unless otherwise agreed to in writing by Landlord and when Lessee evacuates Tenant, shall conclusively establish that the Premises on and the Termination Date or any extension thereofProject were at such time in satisfactory condition.

Condition of Premises. Lessor makes Landlord shall deliver the Premises to Tenant in broom-clean condition and free of debris, with the existing Building-standard electrical, plumbing, and HVAC systems (collectively, the "Operating Systems") in good operating condition as of the Turnover Date (as defined in the Work Letter attached hereto as Exhibit C). If one of such Operating Systems or elements should malfunction or fail within the warranty period below, as Tenant's sole remedy for Landlord's breach of this warranty, Landlord shall, as Landlord's sole obligation, promptly after receipt of written notice from Tenant setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, repair or replace the same, if necessary, at Landlord's expense; provided, however, Landlord shall have no liability hereunder for repairs or replacements necessitated by the acts or omissions of Tenant and/or any of Tenant's Parties. The warranty period shall be thirty (30) days after Lease Commencement of the Premises . If Tenant does not give Landlord the required notice within said warranty period, repair of the Operating Systems which exclusively service the Premises shall be the obligation of Tenant at Tenant's sole cost and expense. Tenant acknowledges that, except as otherwise expressly set forth in this Lease, (i) neither Landlord nor any agent of Landlord has made any representation or representation as warranty with respect to the Premises. Lessee acknowledges , the Building or the Property or their condition, or with respect to the suitability thereof for the conduct of Tenant's business, and agrees that it has occupied and familiarized itself with Tenant shall accept the Premises in its then as-is condition on delivery by Landlord, and has had adequate opportunity to investigate and inspect (ii) the condition acceptance of possession of the Premises by Tenant shall establish that the Premises, the Building and enters into this Lease upon the basis of its own reviewProperty were at such time complete and in good, sanitary and is leasing the Premises in their “AS ISsatisfactory condition and repair with all work required to be performed by Landlord, WHERE IS” CONDITION WITH ALL FAULTSif any, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTIONcompleted and without any obligation on Landlord's part to make any further alterations, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative upgrades or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereof.improvements thereto

Condition of Premises. Lessor makes no warranty or representation as Prior to the Premises. Lessee acknowledges Commencement Date and agrees that it has occupied in accordance with the Work Schedule to be prepared by Landlord and familiarized itself with Tenant pursuant to the Work Letter Agreement attached hereto as Exhibit C, Landlord and Tenant shall jointly conduct a walk-through inspection of the Premises and has had adequate opportunity shall jointly prepare a list (the "Punch-List") of items needing additional work; provided, however, the Punch- List shall be limited to investigate items required to be installed by landlord under the Work Letter Agreement and inspect the condition Punch-List will not include any items of damage to the Premises caused by Tenant's move-in or early entry, if permitted. Damage caused by Tenant will be corrected or repaired by Landlord, at Tenant's expense. Other than the items specified in the Punch-List, by taking possession of the Premises, and enters into this Lease upon the basis of its own review, and is leasing Tenant will be deemed to have accepted the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises Building in their condition existing on the date of delivery of possession and to have acknowledged that Landlord has installed the Tenant Improvements as required by the work Letter Agreement and that there are no additional items needing work or repair. Landlord shall cause all items set forth in the Punch-List to be repaired or corrected within thirty (30) days following the preparation of the date hereofPunch-List or as soon as reasonably practicable after the preparation of the Punch-List. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the Premises, subject the Building, the Project or any portions thereof or with respect to all applicable zoningthe suitability of same for the conduct of Tenant's business. Without limiting the foregoing, municipalif the Building is newly constructed or renovated, county Tenant's execution of the Notice attached hereto as Exhibit D shall constitute a specific acknowledgment and state laws, ordinances and regulations governing and regulating acceptance of the various start-up inconveniences that may be associated with the use of the PremisesProject and the Common Areas such as certain construction obstacles including scaffolding, uneven air conditioning services and accepts this Lease subject thereto and other typical conditions incident to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on recently constructed or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofrenovated buildings.

Condition of Premises. Lessor makes no warranty or representation as to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with a. Landlord shall deliver the Premises and has had adequate opportunity to investigate and inspect the condition of the Premises, and enters into this Lease upon the basis of its own review, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations (including, without limitation, environmental laws roof, HVAC, electrical, plumbing, and regulations lighting) to Tenant in good working condition (excluding existing furniture, cabinets, phone equipment, network equipment, access control equipment, data and telecommunications wiring which shall be delivered in “as-is” condition without any warranty). In the event Tenant provides Landlord with written notice of any non-compliance with this Paragraph 1.2.a. within sixty (60) days after the Commencement Date, then Landlord, at its cost, shall complete such required repair as soon as practical following receipt of such notice. b. Except for those warranties and Landlord obligations specifically set forth in this Lease and any latent defects, Tenant shall accept the Premises In “as-is” condition. c. Tenant represents that it has completed all necessary due diligence to determine that the Premises are or may be subject suitable for its use and enters into this Lease upon that the basis of its review and determination condition of the applicability Premises is acceptable. d. Any Tenant Improvements constructed by Tenant shall be in accordance with requirements of the Americans with Disabilities Act, any legislation adopted by the State of California relating In any way to access to non-residential properties and effect applicable building codes, including the life-safety provisions thereof, and any other similar state or local laws (the “Acts”); provided, however, that such obligation shall not require Tenant to upgrade other areas of such laws the Premises including, but not limited to, upgrading restrooms, installing elevators and regulations. Lessee acknowledges that Lessor expressly disclaims any representations installing ramps or warranties other path of travel improvements not part of Tenant’s planned construction, but required as a result of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties triggered retrofitting of the Premises. Lessee hereby accepts the Premises Landlord shall be responsible for any such requirements and shall indemnify, defend and hold Tenant harmless from and against any such costs and expenses as well as for fines, penalties and other damages (including, without limitation, attorneys’ fees, accountants’ fees, court costs and interest) in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached heretoconnection therewith. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereof.Tenant’s Initials 1 Landlord’s Initials LW

Condition of Premises. Lessor makes no 13.1 Other than as expressly stated in this Lease, Tenant acknowledges that neither Landlord nor any of the Landlord Parties have made any representation or warranty or representation as of any kind whatsoever with respect to the PremisesSite, the Premises and/or the Building or with respect to the suitability of either for the conduct of Tenant’s business. Lessee Tenant acknowledges and agrees that it has occupied Tenant is relying solely upon Tenant’s own inspection of the Site, the Building and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect the condition of the Premises, and enters into this Lease upon Tenant is not relying on any representation or warranty from the basis of its own reviewLandlord regarding the Site, and is leasing the Premises or the Building, except as specifically set forth in their “AS ISthis Lease, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws any representation or warranty as to the physical condition, design or layout of the Site, the Building and regulations to which the Premises. Notwithstanding the foregoing, Landlord expressly represents and warrants that all Building Systems serving the Premises are are, or may will be subject and enters into this Lease upon the basis of its review and determination as of the applicability Lease Commencement Date, in good working condition and effect the Premises and Building as delivered by Landlord to Tenant (and after completion by Tenant of such the Compliance Work as defined in the Work Letter) shall comply with all applicable laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties , including, without limitation the Americans With Disabilities Act (42 U.S.C. Section 12101 et seq.) (“ADA”), and all applicable codes relating to restroom facilities and Landlord at Landlord’s sole cost and expense, will be responsible for all work and costs incurred (whether in connection with Tenant’s construction of any kind or nature, express or implied, as the Tenant Improvements pursuant to the condition (financial Work Letter or otherwise)) to bring the Premises, value into compliance with the ADA or quality Title 24 as enacted and in effect as of the products, assets or properties Lease Commencement Date. Subject to the provisions of the Premises. Lessee hereby accepts Work Letter, the costs incurred by Tenant to bring any portion of the Premises into compliance with any such laws in their condition existing connection with Tenant’s construction of Tenant Improvements, shall be the responsibility of Landlord and Landlord shall reimburse Tenant for any such costs within thirty (30) days following Tenant’s delivery to Landlord of a reasonably detailed invoice therefor provided that the obligation of Landlord to reimburse Tenant shall be as more particularly governed by the provisions of the Work Letter. Common Area Operating Expenses will not include any costs incurred by Landlord to bring the Building, or any portion thereof, into compliance with any of the laws or regulations described in the immediately preceding sentence applicable to the Building. 13.2 Landlord hereby discloses to Tenant pursuant to California Civil Code Sections 55.53 and 1938 that as of the date hereofof this Lease, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of and the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofBuilding have not been inspected by a Certified Access Specialist.

Condition of Premises. Lessor makes no warranty or representation Except as to the Premises. Lessee set forth otherwise on Exhibit C attached hereto, Tenant acknowledges and agrees that it has occupied Land▇▇▇▇ ▇▇▇ no obligation under the Lease to make any improvements to or perform any work in the Current Premises or the Additional Premises, or provide any improvement allowance, and familiarized itself with Tena▇▇ ▇▇▇epts the Current Premises and has had adequate opportunity to investigate and inspect the condition of the Premises, and enters into this Lease upon the basis of its own review, and is leasing the Additional Premises in their current “AS IS” condition. Neither Landlord, WHERE IS” CONDITION WITH ALL FAULTSnor anyone acting on Landlord’s behalf, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTIONhas made any representation, RENOVATIONwarranty, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERSestimation, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties promise of any kind or nature, express or implied, as nature whatsoever relating to the physical condition (financial or otherwise)suitability, value or quality including without limitation, the fitness for Tenant’s intended use, of the products, assets or properties of the Additional Premises. Lessee hereby accepts Tenant acknowledges that the Premises Leasehold Improvements (as defined in their condition existing as of Exhibit C) will be completed while Tenant is occupying the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Current Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached heretomay interfere with or disrupt Tenant’s business or otherwise inconvenience Tenant. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as Land▇▇▇▇’▇ ▇ompletion of the date hereof shall remain on Leasehold Improvements during Tenant’s occupancy of the Current Premises will not be considered a breach of Tenant’s rights under the Lease. Landlord will use commercially reasonable efforts to minimize any disruption or inconvenience to Tenant, provided Tenant will reasonably cooperate with Landlord with respect to the Leasehold Improvements, including without limitation packing loose and personal contents and moving Tenant’s electronic equipment as and when Lessee evacuates reasonably directed by Landlord. Landlord will provide Tenant with a schedule for completing the Leasehold Improvements, after which Tenant will provide access to the Current Premises on the Termination Date or to Landlord without Landlord having to provide any extension thereoffurther notice to Tenant.

Condition of Premises. Lessor makes no warranty or representation as Prior to Rent Commencement Date, Landlord shall, at Landlord’s sole cost and expense, provide backup power to the fire suppression system acceptable to Tenant, and in compliance with all applicable laws, codes, and ordinances. Prior to Rent Commencement Date, Landlord shall upgrade the power supply which necessarily includes adding an additional transformer or transformers, and bringing power to the building electrical panels in a location acceptable to Tenant, to provide 4,000 amp service, pursuant to plans, specifications, and bids first approved by Tenant and in compliance with all applicable laws, codes, and ordinances. Landlord shall be responsible for the first Fifty Thousand Dollars ($50,000.00) of the cost and expense such upgrade to the power supply. In the event the cost and expense of such upgrade to the power supply pursuant to bids approved by Tenant exceeds Fifty Thousand Dollars ($50,000.00), the amount in excess of Fifty Thousand Dollars ($50,000.00) shall be reimbursed by Tenant to Landlord by amortizing said excess amount over that portion of the initial term of the Lease from the Rent Commencement Date to the end of the initial term, in equal monthly installments. Said reimbursement installments shall be paid, commencing on Rent Commencement Date, together with Tenant’s Base Rent Payment due under this Lease, as Additional Rent. Landlord warrants and represents to Tenant that all heating, equipment and systems, air conditioning, ventilation equipment and systems, all electrical equipment and systems, all plumbing equipment and systems shall be in good working order as of Rent Commencement Date. Tenant’s entry into possession shall constitute presumptive evidence against Tenant that the Premises were in good order and satisfactory condition and suitable for the purposes for which they are leased at the time of entry, subject however to latent defects, and any defects or punch list items communicated by Tenant to Landlord in writing within fifteen (15) days after the Rent Commencement Date. Neither Landlord not Landlord’s agents have made any representations or warranties with respect to the physical condition of the building or the land upon which it is erected or any other portion of the Premises, except as herein expressly set forth. Lessee Tenant acknowledges and agrees that it Tenant has occupied and familiarized itself with inspected the Premises and has had adequate opportunity agrees to investigate and inspect take the condition of the Premises, and enters into same “as is,” except as otherwise provided in this Lease upon the basis of its own review, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofLease.

Condition of Premises. Lessor makes no warranty or representation as to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect the condition Having made such inspection of the Premises, the Building, Lot 1 or the Project as it deemed prudent and enters into this Lease upon the basis of its own review, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations appropriate (including, without limitation, environmental laws and regulations to which testing for the Premises are or may be subject and enters into this Lease upon the basis presence of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwisemold), value or quality of the products, assets or properties of the Premises. Lessee Tenant hereby accepts the Premises in their condition existing as of the date hereofDelivery Date, “AS-IS” and “WITH ALL FAULTS” subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use and condition of the Premises, and any covenants or restrictions, liens, encumbrances and title exceptions of record, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that Notwithstanding the foregoing but subject to all furnitureof the terms of this Lease for the construction of Tenant Improvements, equipmentLandlord shall deliver the Building to Tenant on the Delivery Date with the building plumbing, machinery lighting, heating, ventilation, air conditioning, gas, electrical, and all other personal property, excepting any computers, that are located on or sprinkler systems and loading doors in proper operating condition and built substantially in accordance with the approved plans thereof and in a ▇▇▇▇▇▇▇ like manner. Except as specifically set forth in this Lease and in the Premises Work Letter Agreement for Tenant Improvements and Interior Specification Standards attached hereto as Exhibit C and made a part hereof (“Work Letter”), Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the date hereof shall remain on Premises. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty as to the present or future suitability of the Premises as for the conduct of Tenant’s business. Neither party has been induced to enter into this Lease by, nor is either party is relying on, any representation or warranty outside those expressly set forth in this Lease. Neither Landlord nor anyone acting on its behalf shall be liable for, nor shall this Lease be subject to rescission on account of, the nondisclosure of any facts. Tenant expressly waives any right to rescission and when Lessee evacuates the Premises /or damages based on the Termination Date or nondisclosure of any extension thereoffacts.

Condition of Premises. Lessor makes no warranty or representation as to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect the condition of the Premises, and enters into this Lease upon the basis of its own review, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their its present condition existing as acceptable and satisfactory for its purposes and uses hereunder. Lessee shall, at Lessee's sole cost and expense, maintain and care for the Premises in a good ▇▇▇▇▇▇-like manner in accordance with customary farming practices in the Imperial Valley and so as to maintain crop yield and as to control weeds, disease and pests. Lessee shall, at Lessee's sole cost and expense, keep all irrigation gates, checks, boxes, cement ditches, laterals, canals, tiling, and drains in good condition and repair and free from erosion at all times during the term of this Lease, and to keep said canals, tiling and drains free and clean of weeds and noxious materials as the same were at the time of commencement of the date hereofterm of this Lease. Lessee shall, subject at Lessee's sole cost and expense, keep all of the Premises free of noxious weeds, grasses and rodents. Lessee shall not make or permit to all applicable zoningbe made any alterations of the Premises without first obtaining Lessor's consent. It is intended by the parties hereto that Lessor have no obligation, municipalin any manner whatsoever, county to repair and state laws, ordinances and regulations governing and regulating maintain the use of Premises or any improvements to the Premises, and accepts all of which obligations are intended to be Lessee's. Lessee expressly waives the benefit of any statute now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease subject thereto and because of Lessor's failure to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in keep the Premises as of the date hereof shall remain on the Premises as in good order, condition and when Lessee evacuates the Premises on the Termination Date or any extension thereofrepair.

Condition of Premises. The Premises shall be rented as is. Any repairs, alterations or changes needed to maintain the grounds or structures on the property will be done at the discretion of the lessor. We strive to keep the Premises fully maintained but timing of these changes is difficult to predict and may cause slight changes in the appearance of the facilities. ______ Articles Left: Immediately following the Event end time/date, Lessor makes no warranty shall have the sole right to collect, store and/or dispose of articles left at the Premises by Lessee or representation as to by persons attending any event held at the Premises. Lessor shall not be liable to Lessee acknowledges and agrees that for collection, storing and/or disposing of such articles. _____ Safety: Lessee shall not knowingly bring or permit anyone to bring onto the Premises anything which will increase the fire hazard or the rate of insurance on the Premises or any fixture, or furnishings therein or there on. Lessee shall not bring or permit any person to bring onto the Premises any animal without prior written consent of the Lessor unless it has occupied and familiarized itself is a licensed service animal. Fireworks, firecrackers, flame/fire of any kind, are prohibited unless it is approved by the Lessor. Lessor may make any safety announcements, as Lessor deems necessary at any time in the interest of public safety. Lessee will cooperate with the delivery of such announcements for public safety. _____ Disclaimer of Liability: ▇▇▇▇▇▇ County Convent Foundation, Inc. will not be held responsible or liable for damages to any equipment or item(s) brought onto the Premises nor will they be held responsible or liable for injury or damage caused by such equipment or item(s) to an individual. All responsibility and has had adequate opportunity to investigate liability shall be upon the renter. Lessee shall indemnify and inspect the condition hold harmless Lessor from and against any and all claims, losses, damages, causes of the Premisesaction, suits, and enters into this Lease upon the basis liabilities arising in favor of its own reviewany person, including all expenses of litigation, court cost, and is leasing attorneys’ fees, from injury to or death of any person or for damage to any property, arising out of or in connection with the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents rental and/or representatives of Lessor the environmental condition use of the Premises. Lessee has investigated _____ Smoking: ▇▇▇▇▇▇ County Convent Inc. (1884 Carmelite Plaza) is a tobacco free facility. Smoking and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the other use of tobacco is prohibited on the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on property or in the Premises as of buildings, pavilion, or restrooms. Failure to comply could affect the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereoffull deposit return.

Condition of Premises. Lessor makes no warranty 8.1 Except as otherwise expressly provided in this Paragraph or representation in the Work Letter, all installations and improvements now or hereafter placed on the Premises will be for Tenant's account and at Tenant's cost (and Tenant will pay ad valorem taxes and increased insurance thereon or attributable thereto), which cost will be payable by Tenant to Landlord as additional rent in accordance with provisions of the Work Letter. Except to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with extent expressly indicated in the Premises and has had adequate opportunity to investigate and inspect the condition of the PremisesWork Letter, and enters into this Lease upon the basis of its own review, and Landlord is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, Tenant "as is," without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature(including, without limitation, any express or impliedimplied warranties of merchantability, fitness or habitability). If so indicated in the Work Letter, Landlord will cause the Premises to be completed in accordance with the plans, specifications, and agreements and on the terms, conditions and provisions as to provided in the condition (financial or otherwise), value or quality Work Letter. Taking possession of the productsPremises by Tenant will be conclusive evidence as against Tenant that the Premises were in good and satisfactory condition when possession was so taken, assets or properties except as otherwise expressly provided in the Work Letter. 8.2 Landlord, at Landlord’s cost, shall complete the site improvements set forth on the Site Pan and which are required for Tenant’s use and occupancy of the Premises. Lessee hereby accepts Tenant acknowledges and understands that Landlord reserves the Premises in their condition existing right to change, so long as such changes do not have a material and adverse impact on Tenant’s business operations, (a) the size, design, use or location of any of the date hereofbuildings or other improvements proposed by Landlord to be built on the Property as part of the Project, subject and (b) any of the Exterior Common Areas. 8.3 Landlord, at Landlord’s cost, shall construct the Building in accordance with the specifications attached hereto as Exhibit E. Tenant acknowledges and understands that Landlord reserves the right to all applicable zoningchange, municipal, county so long as such changes to not have a material and state laws, ordinances and regulations governing and regulating the adverse impact on Tenant’s proposed use of the Premises, and accepts this Lease subject thereto and the specifications attached hereto as Exhibit E. 8.4 The completion of the work required to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in prepare the Premises for Tenant’s occupancy shall be governed by the Work Letter attached hereto as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereof.Exhibit D.

Condition of Premises. Lessor makes no Subject to Landlord’s obligations under this Lease, Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty or representation as with respect to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect the condition of the Premises, and enters into this Lease upon the basis Building or the Project, or with respect to the suitability of its own reviewthe Premises, and is leasing the Building or the Project for the conduct of Tenant’s business. Tenant acknowledges that (a) it agrees to take the Premises in their its condition “AS IS, WHERE ISas is” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereofthat Landlord delivers possession of the Premises to Tenant in the condition required by the terms of this Lease, subject only to all applicable zoningLandlord’s obligations under this Lease (the “Delivery Date”), municipaland (b) Landlord shall have no obligation to alter, county repair or otherwise prepare the Premises for Tenant’s occupancy or to pay for or construct any improvements to the Premises, except with respect to the TI Allowance, the Test Fit Allowance and state lawsas otherwise expressly stated in this Lease. Tenant’s taking of possession of the Premises shall, ordinances except as otherwise agreed to in writing by Landlord and regulations governing Tenant and regulating subject to Landlord’s obligations hereunder, conclusively establish that the use Premises, the Building and the Project were at such time in good, sanitary and satisfactory condition and repair. At Landlord’s sole cost and expense, Landlord shall deliver the Premises to Tenant with the Premises’ base core and shell work described in the attached Exhibit I completed and ready for the Tenant Improvements (the cost of which work shall not be deducted from the TI Allowance or passed through as an Operating Expense, whether completed before or after Tenant takes possession of the Premises). Notwithstanding anything to the contrary, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in Landlord shall deliver the Premises to Tenant on the Delivery Date, free and clear of any Hazardous Materials in violation of Applicable Laws to the extent in effect and as interpreted and applied as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofDelivery Date.

Condition of Premises. Lessor makes no warranty or representation as Except to the Premises. Lessee acknowledges and agrees that it has occupied and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect the condition extent of the PremisesTenant Improvements item on the Schedule, and enters into this Lease upon the basis of its own review, and Landlord is leasing the Premises in their to Tenant absolutely “AS ISas is” (subject to Landlord’s warranty obligations set forth below), WHERE IS” CONDITION WITH ALL FAULTSwithout any obligation to alter, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTIONremodel, RENOVATIONimprove, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition repair or decorate any part of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which Landlord shall cause the Premises are or may to be subject completed in accordance with the Tenant Improvement Agreement attached as Exhibit C. Landlord shall deliver the Premises to Tenant on the Commencement Date clean and enters into this Lease upon free of debris with the basis of its review and determination installation of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to Tenant Improvements completed in accordance with the condition (financial or otherwise), value or quality terms of the productsTenant Improvement Agreement attached as Exhibit C. Landlord warrants to tenant that the roof, assets or properties of the Premises. Lessee hereby accepts the Premises plumbing, fire sprinkler system, lighting, heating, ventilation and air conditioning systems and electrical systems in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, shall be in good operating condition on the Commencement Date and accepts during the initial twelve (12) months of the Term. In the event of a non-compliance with such warranty, Landlord shall, except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth the nature and extent of such non-compliance, rectify same at Landlord’s cost and expense. Further, in connection with the construction of the Building structure and the Tenant Improvements pursuant to the Tenant Improvement Agreement, Landlord shall obtain customary warranties and guaranties from the contractor(s) performing such work and/or the manufacturers of equipment installed therein, but shall be under no obligation to incur additional expense in order to obtain or extend such warranties. If Tenant is required to make repairs to any component of the Premises or any of its systems not covered by the Landlord’s warranty contained in this Section 3A but for which Landlord has obtained a contractor’s or manufacturer’s warranty, then Landlord shall, upon request by Tenant, use its good faith efforts to pursue its rights under any such warranties for the benefit of Tenant. Tenant’s acceptance of the Premises shall be subject to the foregoing and to the provisions of this Lease subject thereto regarding delivery of possession and completion by Landlord of all punch-list items. Tenant may obtain, at Tenant’s sole cost and expense, extended warranties on any Building systems; Landlord shall (i) notify Tenant prior to all matters disclosed thereby its purchase of any Building system for which Tenant may obtain an extended warranty in order to give Tenant ample opportunity to obtain such a warranty and by (ii) cooperate with and assist Tenant to obtain any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofsuch warranties.

Condition of Premises. Lessor makes no warranty or representation as Buyer shall have the right to inspect the property during the period from the date of submission of a proposal to the PremisesTownship to sell the property up to the date of possession, at all reasonable times. Lessee Prior to closing, Buyer may, at its expense, have the premises inspected, and any necessary tests performed (including, but not limited to, asbestos testing), prior to the closing date. Should any inspection reveal defects or necessary repairs, Seller may or may not agree to pay the costs of repairing said defects, and if repairs are not completed prior to closing, sufficient funds shall be escrowed at time of closing to effect said repairs. In the alternative, Seller may offer Buyer a credit against the purchase price in the amount of necessary repairs. If Buyer and Seller are unable to agree upon performance of repairs by seller, or the amount of a credit due to Buyer for repairs, Buyer may terminate this contract and shall be released from all legal obligations to Seller or may accept the real estate in its present condition. Prior to closing, and at Seller’s expense, the Buyer shall have the right to have the property inspected by a licensed exterminating company to determine whether there are any active termite infestations or organisms present in the property or on any improvements on said property, or any damage from prior termite infestation or organisms to said property or improvements. If there is any such infestation or damage, the Seller shall pay all costs of the treatment and repair of the areas that are infested or have been damaged provided that the total cost does not exceed $2,000.00. In the event that the total cost exceeds $2,000.00, Seller or buyer may notify the other party that it wishes to cancel this contract. At the time of closing, Buyer acknowledges and agrees that it has occupied inspected the real estate and familiarized itself the improvements thereon, and Buyer is acquainted with the Premises condition thereof and has had adequate opportunity to investigate and inspect the condition of the Premises, and enters into this Lease upon the basis of its own review, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing same as of the date hereofof execution of this Contract in "as-is" condition, subject to all applicable zoningexcept that Seller warrants the plumbing, municipalheating, county electrical and state lawsair conditioning systems, ordinances septic sewer and regulations governing and regulating the use of the Premiseswater systems, and accepts this Lease subject thereto and built-in appliances to all matters disclosed thereby and by be in normal working condition on date of possession. Seller expressly warrants that Seller has received no notice from any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all City or other personal property, excepting governmental authority regarding any computers, that are located on violations of any health or in safety code affecting the Premises as of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofpremises.

Condition of Premises. Lessor makes no warranty After the Expiration Date or representation as earlier termination of this Lease, or the termination of Tenant’s right to possess the Premises. Lessee acknowledges , Tenant shall (1) deliver to Landlord the Premises in a safe, “broom clean,” neat, sanitary, and agrees that it has occupied operational condition with all improvements and familiarized itself alterations as set forth in Section 6.4 located thereon in good repair and condition (subject to Landlord’s repair and maintenance obligations), reasonable wear and tear and casualty loss excepted (subject, however, to Tenant’s maintenance obligations), and with the Premises HVAC System, lights and has had adequate opportunity light fixtures (including ballasts), and overhead doors and related equipment in good working order, (2) deliver to investigate Landlord all keys and inspect the condition of parking and access cards to the Premises, and enters into this Lease upon the basis of its own review, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the Premises. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to 3) remove all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of signage placed on the Premises, the Building, or the Land by or at Tenant’s request. All fixtures, alterations, additions, and accepts this Lease subject thereto improvements (whether temporary or permanent) shall be Landlord’s property and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property, excepting any computers, that are located on or in the Premises as of the date hereof shall remain on the Premises Premises, except as provided in the next two sentences. Provided that Tenant has performed all of its obligations hereunder, Tenant may remove all unattached trade fixtures, furniture, and when Lessee evacuates personal property placed in the Premises on by Tenant (but Tenant shall not remove any such item which was paid for, in whole or in part, by Landlord). Additionally, Tenant shall remove such alterations, additions, improvements, fixtures, equipment, wiring, furniture, trade fixtures and other property as may be required under Section 6.4 above. All items not so removed shall, at the Termination Date sole option of Landlord, be deemed abandoned by Tenant and may be appropriated, sold, stored, destroyed, or otherwise disposed of by Landlord without notice to Tenant and without any extension obligation to account for such items, and Tenant shall pay for the costs incurred by Landlord in connection therewith. All work required of Tenant under this Section 17 shall be coordinated with Landlord and be done in a good and workmanlike manner, in accordance with all Laws (defined below), and so as not to damage the Building or unreasonably interfere with other tenants’ use of their premises. Tenant shall, at its expense, repair all damage caused by any work performed by Tenant under this Section 17.. If Tenant fails to perform work under this Section 17, and Landlord has provided written notice thereof and reasonable opportunity to cure, then Tenant shall pay all costs incurred by Landlord in performing such work within ten (10) days after Landlord's request thereof.

Condition of Premises. Lessor makes no warranty Upon the expiration or representation earlier termination of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and in the same condition and state of repair as at the commencement of the Lease Term, except for ordinary wear and tear that Tenant is not otherwise obligated to remedy under the Premisesprovisions of this Lease. Lessee acknowledges and agrees that it has occupied and familiarized itself with Tenant shall deliver all keys to the Premises and has had adequate opportunity the Building to investigate and inspect the condition Landlord. Upon Tenant's vacation of the Premises, Tenant shall remove all portable furniture, trade fixtures, machinery, equipment, signs and enters into this Lease upon the basis other items of its own reviewpersonal property (unless prohibited from doing so under Section 20.2), and is leasing shall remove any Alterations (whether or not made with Landlord's consent) that Landlord may require Tenant to remove, subject to Section 15.1 above. Tenant shall repair all damage to the Premises caused by such removal and shall restore the Premises to its prior condition, all at Tenant's expense. Such repairs shall be performed in their “AS ISa manner satisfactory to Landlord and shall include, WHERE IS” CONDITION WITH ALL FAULTSbut are not limited to, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTIONthe following: capping all plumbing, RENOVATIONcapping all electrical wiring, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERSrepairing all holes in walls, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASErestoring damaged floor and/or ceiling tiles, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition thorough cleaning of the Premises. Lessee If Tenant fails to remove any items that Tenant has investigated an obligation to remove under this Section when required by Landlord or otherwise, such items shall, at Landlord's option, become the property of Landlord and has knowledge Landlord shall have the right to remove and retain or dispose of operative or proposed governmental laws and regulations includingthe same in any manner, without limitation, environmental laws and regulations any obligation to which account to Tenant for the Premises are proceeds thereof. Tenant waives all claims against Landlord for any damages to Tenant resulting from Landlord's retention or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect disposition of such laws and regulations. Lessee acknowledges that Lessor expressly disclaims any representations Alterations or warranties of any kind or nature, express or implied, as to the condition (financial or otherwise), value or quality of the products, assets or properties of the Premises. Lessee hereby accepts the Premises in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other personal property. Tenant shall be liable to Landlord for Landlord's costs of removing, excepting any computers, that are located on or in the Premises as storing and disposing of the date hereof shall remain on the Premises as and when Lessee evacuates the Premises on the Termination Date or any extension thereofsuch items.

Condition of Premises. Lessor makes no warranty or representation as Except for the work to be performed by Landlord pursuant to the Premises. Lessee acknowledges Work Letter Agreement attached hereto as Exhibit "C," Tenant hereby agrees that the Premises shall be taken "as is", "with all faults", "without any representations or warranties", and Tenant hereby agrees and warrants that it has occupied and familiarized itself with the Premises and has had adequate opportunity to investigate and inspect inspected the condition of the PremisesPremises and the suitability of same for Tenant's purposes, and enters into this Lease upon Tenant does hereby waive and disclaim any objection to, cause of action based upon, or claim that its obligations hereunder should be reduced or limited because of the basis of its own review, and is leasing the Premises in their “AS IS, WHERE IS” CONDITION WITH ALL FAULTS, WHETHER PREVIOUSLY EXISTING OR ARISING FROM OR PERTAINING TO ANY CONSTRUCTION, RENOVATION, RELOCATION OR IMPROVEMENT OF ANY PORTION OF THE PREMISES PERFORMED BY LESSOR OR OTHERS, INCLUDING BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS. EXCEPT AS EXPRESSLY SET FORTH TO THE CONTRARY IN THIS LEASE, NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY LESSOR OR ANY OF ITS AFFILIATES CONCERNING SUCH ITEMS, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LESSEE HEREBY WAIVES AND DISCLAIMS ANY WARRANTIES THAT MAY ARISE BY OPERATION OF LAW. Lessee further acknowledges and agrees that it has had an opportunity to review and to discuss with various agents and/or representatives of Lessor the environmental condition of the PremisesPremises or the Project or the suitability of same for Tenant's purposes. Lessee has investigated and has knowledge of operative or proposed governmental laws and regulations including, without limitation, environmental laws and regulations to which the Premises are or may be subject and enters into this Lease upon the basis of its review and determination of the applicability and effect of such laws and regulations. Lessee Tenant acknowledges that Lessor expressly disclaims neither Landlord nor any agent nor any employee of Landlord has made any representations or warranties of any kind or nature, express or implied, as warranty with respect to the condition (financial Premises or otherwise), value the Project or quality with respect to the suitability of either for the conduct of Tenant's business. The taking of possession of the products, assets or properties Premises by Tenant shall conclusively establish that the Premises and the Project were at such time in satisfactory condition. Tenant hereby waives and releases its right to make repairs at Landlord's expense pursuant to Sections 1941 and 1942 of the PremisesCivil Code of California or under any similar law, statute or ordinance now or hereafter in effect. Lessee hereby accepts If during the term any asbestos is discovered in the Premises (other than in their condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee hereby agrees that all furniture, equipment, machinery and all other Tenant Building Standard Work or in personal property, excepting fixtures or other items brought into the Premises by Tenant), and removal of such asbestos is required by a governmental agency to comply with all applicable Environmental Laws (as defined in Section 28.4), then Landlord shall remove such asbestos at its sole cost and expense; provided, however, Landlord shall have no obligation to remove any computers, that are located on or asbestos in the Premises as of to the date hereof extent Tenant's acts or omissions gave rise to the requirement to remove such asbestos to comply with Environmental Laws, nor shall remain on Landlord have any obligation to remove any asbestos which is present in the Premises as and when Lessee evacuates the Premises on the Termination Date Tenant Building Standard Work or in any extension thereof.personal property,