Common use of ENFORCEMENT ACTIONS, COMPLAINTS Clause in Contracts

ENFORCEMENT ACTIONS, COMPLAINTS. 9.1 Has your company ever been subject to any agency enforcement actions, administrative orders, lawsuits, or consent orders/decrees regarding environmental compliance or health and safety? Yes ( ) No ( X ) If so, describe the actions and any continuing obligations imposed as a result of these actions. 9.2 Has your company ever received any request for information, notice of violation or demand letter, complaint, or inquiry regarding environmental compliance or health and safety? Yes ( ) No ( X ) 9.3 Has an environmental audit ever been conducted which concerned operations or activities on premises occupied by you? Yes ( ) No (X) 9.4 If you answered “yes” to any questions in this section, describe the environmental action or complaint and any continuing compliance obligation imposed as a result of the same. By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: CFO Date: 12/10/10 The tenant improvement work (the “Tenant Improvements” and the “Tenant Improvement Work”) shall consist of the work, including work in place as of the date hereof, required to complete the improvements to the Premises as shown in the space plan (the “Plan”) prepared by Gensler, dated October 1, 2010, and the cost estimate (the “Cost Estimate”) prepared by ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, dated October 16, 2010. The Tenant Improvement Work shall be performed by a contractor selected by Landlord and in accordance with the requirements and procedures set forth below.

ENFORCEMENT ACTIONS, COMPLAINTS. 9.1 Has your company ever been subject to any agency enforcement actions, administrative orders, lawsuits, or consent orders/decrees regarding environmental compliance or health and safety? Yes ( ) No ( X ) If so, describe the actions and any continuing obligations imposed as a result of these actions. 9.2 Has your company ever received any request for information, notice of violation or demand letter, complaint, or inquiry regarding environmental compliance or health and safety? Yes ( ) No ( X ) 9.3 Has an environmental audit ever been conducted which concerned operations or activities on premises occupied by you? Yes ( ) No (X) 9.4 If you answered “yes” to any questions in this section, describe the environmental action or complaint and any continuing compliance obligation imposed as a result of the same. By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: CFO Date: 12/10/10 EXHIBIT X WORK LETTER BUILD TO SUIT (Landlord’s Contribution) The tenant improvement work (the “Tenant Improvements” and the “Tenant Improvement Work”) shall consist of the work, including work in place as of the date hereof, required to complete the improvements to the Premises as shown in the space plan (the “Plan”) prepared by Gensler, dated October 1, 2010, and the cost estimate (the “Cost Estimate”) prepared by ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, dated October 16, 2010. The Tenant Improvement Work shall be performed by a contractor selected by Landlord and in accordance with the requirements and procedures set forth below.

ENFORCEMENT ACTIONS, COMPLAINTS. 9.1 Has your company ever been subject to any agency enforcement actions, administrative orders, lawsuits, or consent orders/decrees regarding environmental compliance or health and safety? Yes ( ) o No ( X ) o If so, describe the actions and any continuing obligations imposed as a result of these actions. 9.2 Has your company ever received any request for information, notice of violation or demand letter, complaint, or inquiry regarding environmental compliance or health and safety? Yes ( ) o No ( X )o 9.3 Has an environmental audit ever been conducted which concerned operations or activities on premises occupied by you? Yes ( ) o No (X)o 9.4 If you answered “yes” to any questions in this section, describe the environmental action or complaint and any continuing compliance obligation imposed as a result of the same. By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Title: CFO Date: 12/10/10 The tenant improvement work (the “Tenant Improvements” and the “Tenant Improvement Work”) shall consist of the work, including work in place as of the date hereof, required to complete the improvements to the Premises as shown in the space pricing plan (the “Plan”) prepared by Gensler, dated October 1, 2010, and the cost estimate (the “Cost Estimate”) prepared by ▇▇▇. ▇▇▇▇▇ ▇▇▇▇▇▇▇Architects, dated October 16May 25, 2010, as modified by “Addendum A” to the Plan dated May 28, 2010 and by “Addendum B” to the Plan dated June 1, 2010, except that the fencing and gating shown in Note 8.2 of the Plan shall not be part of the Tenant Improvement Work. The Tenant Improvement Work shall be performed by a contractor selected by Landlord and in accordance with the requirements and procedures set forth below.