Common use of Operating Expenses Clause in Contracts

Operating Expenses. Throughout the Term of this Lease, commencing on the Commencement Date, Tenant agrees to pay Landlord as additional rent in accordance with the terms of this Paragraph 6, Tenant's Share of Operating Expenses for the taxes and insurance for the Project and all costs and expenses of the operation, maintenance, repair, and replacement of the Project including, without limitation: (i) any form of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereof; (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; (iii) water, sewer and other utility charges; (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 of the Lease; (v) waste disposal and janitorial services; (vi) security; (vii) labor; (viii) management costs including, without limitation: (A) wages and salaries (and payroll taxes and similar charges) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance of the structural portions of the buildings with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used in maintenance;

Operating Expenses. Throughout (a) Tenant shall pay to Owner, as Additional Rent, Tenant's Proportionate Share of all Common Area Charges (defined below) which may be incurred by Owner or Owner's agents during the Term of this the Lease. (b) For the purposes hereof, commencing on the Commencement Date, Tenant agrees to pay Landlord as additional rent in accordance with the terms of this Paragraph 6, Tenant's Share of Operating Expenses for the taxes and insurance for the Project and "Common Area Charges" shall mean all costs and expenses which are incurred by Owner or Owner's agents in connection with the use, operation, repair or maintenance of the operationBuilding and/or the Property, maintenanceincluding but not limited to, repair, and replacement of the Project including, without limitationfollowing: (i) any form of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to taxpremiums and other charges for insurance which Owner maintains, including any citywithout limitation, countygeneral comprehensive liability insurance covering bodily injury, state or federal governmentpersonal injury (including death), property damage, public liability, or any school, agricultural lighting, drainage or other improvement or special assessment district thereofplate glass; (ii) any costs and all assessments under any covenantsexpenses of performing repairs in or to the Building and/or the Property, conditions including without limitation, the sidewalks and restrictions affecting curbs adjacent thereto, the Projectsprinkler, lighting, plumbing, alarm, heating, air-conditioning, sanitary and storm sewer lines or other systems servicing the Building or the Property; (iii) water, sewer costs and other utility chargesexpenses of performing repairs or resurfacing of the parking lots and any adjacent facilities; (iv) costs and expenses of insurance obtained by Landlord pursuant to Paragraph 19 landscaping and maintaining the grounds of the LeaseBuilding and/or the Property; (v) waste disposal costs and janitorial servicesexpenses of snow and ice removal; (vi) securitycosts and expense of rubbish, garbage and other refuse removal; (vii) laborfees and disbursements payable to any person to furnish repair or other services regarding the Building and/or the Property, except that, in the case of any such person who is affiliated with Owner, such fees shall not exceed that which is customary or reasonable in the industry for similar buildings in the area; (viii) management costs includingand expenses of utilities, without limitation: (A) wages such as electricity, oil, gas, water and salaries (sewer, water and payroll taxes and similar other meter charges) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix) suppliescosts and expenses of providing and maintaining security, materials, equipment and tools including rental of personal propertyif any; (x) repair cost and maintenance expense of the structural portions of the buildings with the Project, including the plumbing, heating, ventilating, air-conditioning providing and electrical systems installed or furnished by Landlordperforming cleaning and related services; (xi) maintenance, costs cost and upkeep expense of all parking and other Common Areassupplies; (xii) depreciation cost and expenses of all sales, utility and use taxes and other taxes of like import now in effect or hereinafter imposed; and (xiii) cost and expense of all maintenance and service contracts for the Building and/or Property; provided, however, that the following items shall be excluded from Common Area Charges: (i) leasing commissions; (ii) cost of repairs or replacements incurred by reason of fire or other casualty (to the extent the same is or would have been covered by insurance required to be maintained by Owner herein), or caused by the exercise of the right of eminent domain (to the extent same is covered by any condemnation award) less any cost incurred by Owner in obtaining such insurance proceeds or condemnation award; (iii) costs incurred in performing work or furnishing services to or for individual tenants (including Tenant) at such tenant's expense; (iv) debt service on any mortgages now or hereafter encumbering the Building and/or Property; (v) interest or penalties due to Owner's violation of law; (vi) advertising and promotional expenses; (vii) depreciation; (viii) leasehold improvements made for other tenants; (ix) Taxes; (x) costs and expenses which are the responsibility of other tenants of the Building; and (xi) costs and expenses of refurbishing the common areas and modernizing and replacing equipment servicing the common areas. (c) Any amount payable to Owner under the provisions of this Section shall be paid within ten (10) days after Owner shall have delivered a straight line basis ▇▇▇▇ and rental statement to Tenant showing in reasonable detail the computation of personal property used the amounts due Owner hereunder. In addition, Owner shall have the right to reasonably estimate the amount payable by Tenant under the provisions of this Section for each calendar year, and Tenant shall pay one-twelfth (1/12) of such amount each month at the time each installment of Fixed Rent is due. As soon as practicable after each calendar year, Owner shall furnish Tenant with a statement prepared showing the actual amount payable by Tenant under the provisions of this Section for such calendar year. If Tenant's Proportionate Share of such amount exceeds the amount paid by Tenant on account thereof, Tenant shall pay Owner, as Additional Rent, an amount equal to such excess in maintenance;a lump sum within ten (10) days after delivery by Owner to Tenant of the statement provided herein. If Tenant's Proportionate Share of such amount is less than the amount paid by Tenant on account thereof, such excess shall be applied as a credit against Additional Rent due from Tenant under this Section for the next calendar year.

Operating Expenses. Throughout the Term of this Lease, commencing Beginning on the Commencement DateDate and continuing throughout the Term, Tenant T▇▇▇▇▇ agrees to pay Landlord as additional rent in accordance with the terms of this Paragraph 6, Tenant's “Additional Rent” its Proportionate Share of Operating Expenses (as defined below in this Section 2.2.1) for the taxes building of which the Premises are a part (the “Building”) and insurance for any common areas associated therewith including, without limitation, paving and parking areas, roads, alleys, and driveways, landscaping and exterior lighting (“Common Areas”) to the Project extent that such maintenance and costs are chargeable to Tenant under this Lease. The term “Operating Expenses” means, except as otherwise expressly set forth in this Lease, all costs and expenses incurred by Landlord with respect to the maintenance and operation of the operation, maintenance, repair, and replacement of the Project Building including, without limitation: (i) any form of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereofintentionally omitted; (ii) any and all assessments under any covenants, conditions and restrictions affecting the Projectinsurance maintained by Landlord pursuant to Section 12; (iii) water, sewer utilities (except as separately metered and other paid directly to the utility chargesby Tenant); (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 maintenance of the LeaseBuilding and all associated systems serving the Building; (v) waste disposal and janitorial servicesintentionally omitted; (vi) securityrepair of any portion of the Building; (vii) labordeductibles on insurance loss; (viii) management costs security services, if any; (ix) trash collection and sweeping; (x) snow removal; and (xi) the cost of any capital improvements that are made to the Building or Common Areas with the Parties’ express prior written agreement or approval as to same (including, without limitation: (A) wages , with respect to the nature and salaries (and payroll taxes and similar charges) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance scope of the structural portions capital improvements, any and all plans related thereto, the cost thereof and any and all contractors to be used in connection with the performance thereof and any modification or change to any of the buildings with foregoing prior to completion of the Projectapplicable improvements). For clarity, including Tenant has no obligation whatsoever for any capital improvements that are made to the plumbingBuilding, heatingCommon Areas, ventilating, air-conditioning and electrical systems installed or furnished Land and/or the Project by Landlord; Landlord other than as described in the immediately preceding clause (xi) or otherwise made in accordance with this Section 2.2.1. Without limiting the foregoing, if the Parties are unable to agree on capital improvements, as, when and to what extent they are required, then the Parties shall engage a licensed third-party professional (in the area of expertise required for the subject capital improvement(s)) to determine commercially reasonable maintenance, costs repair or replacement steps under the circumstances. For the purposes of this Lease, the term “Proportionate Share” means the percentage determined by dividing the rentable square footage of the Premises by the total rentable square footage of the Building. Landlord and upkeep Tenant agree that as of all parking and other Common Areas; the Commencement Date, T▇▇▇▇▇’s Proportionate Share shall be one hundred percent (xii) depreciation 100%). Landlord shall equitably adjust Tenant’s Proportionate Share in the event the Premises or Building are expanded or reduced. Operating Expenses shall be calculated in conformity with generally accepted accounting principles, applied on a straight consistent basis throughout the Term, and in accordance with industry standards such as those published by the Building Owners and Managers Association. The costs of any allowable expenditure which under generally accepted accounting principles is properly classified as a capital expenditure shall be amortized on a straight-line basis over a period equal to the lesser of the useful life thereof for federal income tax purposes or fifteen (15) years and, if paid by Landlord and rental not Tenant, shall be passed-through to Tenant on that basis (provided that, if Tenant agrees to pay for such capital expenditure up front or on an alternative payment schedule, then any payment made by Tenant attributable to any period of personal property used in maintenance;time after the Term expires shall be paid or reimbursed by Landlord to Tenant), except to the extent otherwise expressly agreed by Landlord and Tenant prior to incurring any such capital expenditure.

Operating Expenses. Throughout the Term of this Lease, commencing Tenant shall pay to Landlord on the Commencement Datefirst day of each month during the Term, Tenant agrees in addition to pay Landlord as additional rent the Base Rent, ▇▇▇▇▇▇'s Share of all Operating Expenses in accordance with the terms following provisions: (a) Operating Expenses" are all costs incurred by Landlord relating to the operation of the Property, including, but not limited to, the following: (i) the operation, repair, maintenance and replacement in neat, clean, good order and condition of the Common Areas, including parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways, landscaped areas, striping, bumpers, irrigation systems, drainage systems, lighting facilities, fences and gates, exterior signs and tenant directories; (ii) water, gas, electricity, telephone and other utilities servicing the Common Areas; (iii) trash disposal, janitorial services, snow removal, and security services; (iv) Real Property Taxes; (v) premiums for the insurance policies maintained by Landlord under Paragraph 8 of this lease; (vi) monthly amortization of capital improvements to the Common Areas and the Building (the monthly amortization of any given capital improvement shall be the sum of: (A) the quotient obtained by dividing the cost of the capital improvement by Landlord's estimate of the number of months of useful life of such improvement; plus (B) an amount equal to the cost of the capital improvement times 1//12 of the lesser of 12% or the maximum annual interest rate permitted by law); and (vii) maintenance of the Building including, but not limited to, painting, caulking and repair and replacement of Building components, including, but not limited to, roof, elevators and fire detection and sprinkler systems. (b) To the extent Landlord shall determine, in its reasonable discretion, that any of the Operating Expenses shall have been incurred solely for the benefit of Tenant or otherwise solely or substantially as a result of Tenant's use of the demised premises, Landlord shall have the right to require that such Operating Expenses be borne solely by ▇▇▇▇▇▇. The inclusion of the improvements, facilities and services set forth in Paragraph 64.2(a) of this lease shall not be deemed to impose any obligation upon Landlord to either have said improvements or facilities or to provide those services. (c) Tenant shall pay monthly in advance on the same day as the Base Rent is due Tenant's Share of estimated Operating Expenses in the amount set forth in Paragraph 1.6 of this lease. Landlord shall deliver to Tenant within 90 days after the expiration of each calendar year a reasonably detailed statement showing ▇▇▇▇▇▇'s Share of the actual Operating Expenses incurred during the preceding year. If Tenant's estimated payments under Paragraph 4.2(c) of this lease during the preceding year exceed ▇▇▇▇▇▇'s Share as indicated on said statement, Tenant shall be credited the amount of such overpayment against ▇▇▇▇▇▇'s Share of Operating Expenses next becoming due hereunder or, if such statement shall relate to the last calendar year falling whole or partially within the Term, any such overage shall be refunded to Tenant within 30 days after the date of such statement. If ▇▇▇▇▇▇'s estimated payments under Paragraph 4.2(c) of this lease during said preceding year were less than Tenant's Share as indicated on said statement, Tenant shall pay to Landlord the amount of the deficiency within 30 days after delivery by Landlord to Tenant of said statement. At any time Landlord may adjust the amount of the estimated Tenant's Share of Operating Expenses to reflect ▇▇▇▇▇▇▇▇'s estimate of such expenses for the year. (d) In the event that Tenant shall dispute the amounts set forth in any of Landlord's statements regarding actual Operating Expenses, Tenant shall have the right, not later than 180 days following the receipt of any such statement, to review ▇▇▇▇▇▇▇▇'s books and records with respect to the period of time covered by such statement. Any such review by Tenant shall occur upon not less than 10 days' prior notice to Landlord at the place of business of Landlord's property manager or the actual location of Landlord's books and records, if different than the office of Landlord's property manager, during the normal business hours of Landlord or such property manager. If Tenant shall not request a review of any such statement in accordance with the preceding provisions of this paragraph within 180 days following the receipt of Landlord's statement, such statement shall be deemed to be conclusively binding upon Tenant. (e) Notwithstanding anything to the contrary set forth in this lease, Operating Expenses shall exclude: (i) bad debt losses, rent losses or reserves for bad debt or rent losses; (ii) the cost of any electricity or other utilities consumed for Common Areas and any taxes levied thereon; (iii) amounts paid to affiliates of Landlord in excess of the competitive costs of the item in question; (iv) the cost of removing and/or abating any asbestos or other Hazardous Substances in or about the Property and any costs incurred as a result thereof; (v) expenses incurred in connection with the construction, refurbishing or expansion of the Building; (vi) transfer, gains, franchise, gift, inheritance, estate and income taxes imposed upon Landlord, any superior lessor or any mortgagee; (vii) costs for which Landlord is reimbursed through a condemnation award, the proceeds of insurance for or otherwise, but only to the Project extent of any such reimbursement; (viii) ground rent, if any, or any other payments under any superior lease; (ix) depreciation, amortization and all other, similar noncash items; (x) costs and expenses of incurred in connection with the operationcreation, maintenance, repairmodification or negotiation of a mortgage or superior lease (or in litigation with a mortgagee or ground lessor), or other financing or refinancing and replacement of the Project all fees payable pursuant to such mortgages, leases, financings or refinancings including, without limitation: , points, late charges and other expenses whether similar or dissimilar to the foregoing; (ixi) expenses incurred to lease, license, sell, syndicate, hypothecate, transfer or otherwise dispose of the Building and/or the land thereunder or any form portion of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond the Property (including any interest in Landlord) or similar imposition of any kind "air" or nature imposed by any authority having "development" rights (whether such rights are transferred to or from the direct power to taxBuilding and/or the land thereunder), including any city(without limitation) brokerage commissions, countyattorney's fees and disbursements, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereof; (ii) any transfer and all assessments under any covenants, conditions gains taxes and restrictions affecting the Project; (iii) water, sewer and other utility recording charges; (ivxii) damages, attorneys' fees and disbursements paid as a result of a judgment, settlement or arbitration award resulting from any liability of Landlord or Landlord's agents, servants or contractors; (xiii) costs of insurance obtained by Landlord pursuant to Paragraph 19 associated with operating the business of the Lease; legal entity which constitutes Landlord to the extent that the same is separate and apart from the cost of operating the Building (v) waste disposal and janitorial services; (vi) security; (vii) labor; (viii) management costs including, without limitation: , forming and continuing such legal entity and tending to its internal accounting and legal affairs); or (Axiv) wages and salaries (and payroll taxes and similar charges) costs of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance any services or work provided to a particular tenant of the structural portions Building, but not to all tenants of the buildings with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used in maintenance;Building.

Operating Expenses. Throughout (a) Tenant shall pay to Landlord during the Term term of this Lease, commencing on as set forth above in Section 5, Tenant’s Share, as set forth in the Commencement DateSummary, Tenant agrees to pay Landlord of all Project Operating Expenses (as additional rent defined below), incurred in accordance connection with the terms operation of the Project. (b) As used in this Paragraph 6Lease, Tenant's Share of Operating Expenses for the taxes and insurance for the Project and means: (i) all costs and expenses incurred by Landlord for the following: (A) the provision of utilities to the Common Areas, including but not limited (o gas, electricity, and water for irrigation, including the maintenance and repair of same; (B) the maintenance of all landscaping in the Common Areas, including the installation and maintenance of irrigation systems, the planting and maintenance of shrubs, trees, flowering plants and ground cover; (C) the compliance with all Laws; (D) the operation, maintenance, repair, cleaning, painting, and replacement resurfacing of the parking lots included in the Common Areas; (E) the installation, repair, and maintenance of all light fixtures and signs located in the Common Areas and on or in the Project; (F) the provision of security to the Project and the Common Areas; (G) the maintenance of all parking areas, roadways, sidewalks, walkways, driveways, striping, fences and gates contained in the Common Areas; (H) the establishment and maintenance of directories of tenants in the Project; (I) the maintenance and repair of all fire prevention and detection systems, including smoke detectors and sprinkler systems; and (J) charges and/or fees levied by the City of Berkeley, including but not limited to those for street lighting, street landscaping, library service, school tax, clean storm water, street improvements and traffic mitigation. (ii) management fees, whether for services rendered by Landlord, an affiliate of Landlord, Landlord’s employees, or a third-party property manager hired by Landlord. (iii) the amount of any deductible paid by Landlord in connection with an insured loss resulting from damage to the Project, but in no event more than $1,000 per occurrence; (iv) the amount of any uninsured loss resulting from damage to the Project; and (v) all additional costs and expenses incurred by Landlord in connection with the operation, maintenance, repair, replacement, and protection of the Project including, without limitation: that would be considered a current expense according to generally accepted accounting principles. (c) Operating Expenses shall not include (i) depreciation; (ii) any form capital expenditures, except as permitted in subsection (b)(v), set forth above; (iii) payments on any loans or ground leases affecting the Project; (iv) leasing commissions; and (v) the cost of tenant improvements installed exclusively for the use of other tenants. (d) As used in this Lease, the term “Property Taxes” shall mean any and all taxes, assessments, levies, and other charges of any kind, general and special, foreseen and unforeseen (including all installments of principal interest required to pay any existing or future general or special assessments (the “Assessments”), and any increases resulting from reassessments made in connection with a change in ownership, new construction, or any other cause), now or later imposed by any governmental or quasi-governmental authority or special district having the power to tax or levy assessments, which are levied or assessed against or with respect to the value, occupancy, or use of all or any portion of the Project (as now constructed or as may at any later time be constructed, altered, or otherwise changed) or Landlord’s interest in the Project, the fixtures, equipment, and other property of Landlord, real or personal, that are an integral part of and located on the Project, the gross receipts, income, or rentals from the Project, or the use of parking areas, public utilities, or energy within the Project, or Landlord’s business of leasing the Project. Property Taxes include but are not limited to any ad valorem real property tax imposed on the Leased Premises up to the limits imposed by the California Constitution, Article 13A, Section l(a). “Assessments” include any other form of assessment, license fee, license tax, business license fee, commercial rental rent tax, levy, chargeor other tax (other than estate, improvement bond inheritance, net income or similar imposition of any kind or nature franchise taxes), imposed by any authority having the direct or indirect power to taxtax including without limitation, including the EPA, any city, county, state state, or federal government, government or any school, agricultural lighting, drainage improvement or other improvement district or special assessment district division thereof; (ii) any , and all assessments under any covenants, conditions and restrictions affecting the Project; (iii) water, sewer and other utility charges; (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 of the Lease; (v) waste disposal and janitorial services; (vi) security; (vii) labor; (viii) management costs specifically including, without limitation: (A) wages and salaries (and payroll , all additional taxes and similar charges) assessments hereafter levied by the County of property management employeesAlameda. Neither the term “Property Taxes” nor “Assessments” shall include charges levied by the City of Berkeley, including but not limited to those for street lighting, street landscaping, library service, school tax, clean storm water, street improvements and (B) management office rentaltraffic mitigation. If at any time during the term of this Lease, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental the method of personal property; (x) repair and maintenance taxation or assessment of the structural portions Project prevailing as of the buildings with Commencement Date is altered so that in lieu of or in addition to any Property Tax described above there shall be levied, assessed, or imposed (whether because of a change in the method of taxation or assessment, creation of a new tax or charge, or any other cause) an alternate or additional tax or charge (i) on the value, use, or occupancy of the Project or Landlord’s interest in the Project, including or (ii) on or measured by the plumbinggross receipts, heatingincome or rentals from the Project, ventilatingon Landlord’s business of leasing the Project, air-conditioning or computed in any manner with respect to the operation of the Project, then any tax or charge, however designated, shall be included within the meaning of the term Property Taxes for purposes of this Lease. However, the term Property Taxes shall not include estate, inheritance, transfer, gift, or franchise taxes of Landlord or the federal or state net income tax imposed on Landlord’s income from all sources. Tenant shall not be responsible for paying Tenant’s Share of any Property Taxes resulting from additional improvements by other tenants, provided, however, that any Property Taxes resulting from Alterations made for or on behalf of Tenant under this Lease shall be paid entirely by Tenant. If the Leased Premises is not separately assessed, Tenant’s Share of any Property Taxes shall be an equitable proportion of the Property Taxes for all of the land and electrical systems installed or furnished by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used in maintenance;improvements included within the tax parcel that is assessed.

Operating Expenses. Throughout the Term of this Lease, commencing on the Commencement Date, Tenant agrees to pay Landlord as additional rent in accordance with the terms of this Paragraph 6, Tenant's Share of Operating Expenses for the taxes and insurance for the Project and shall mean all costs and expenses (whether or not presently within the contemplation of the operationparties) paid or incurred, maintenancedirectly or indirectly, repairby Landlord in operating, and replacement of managing, equipping, repairing, replacing, policing and/or maintaining the Project including, without limitation: (i) any form of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond Building or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal governmentProperty, or any schoolpart thereof, agricultural lightingwitch shall include the following costs by way of illustration, drainage but shall not be limited to: same, wages, hospitalization, medical, surgical, and general welfare benefits (including group life insurance), and pension payments of agents or other improvement employees of Landlord engaged in the operation or special assessment district thereof; (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; (iii) water, sewer and other utility charges; (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 maintenance of the LeaseBuilding (all of which shall be prorated to the extent any such agent or employee does not work full time at the Building); payroll charges and/or taxes; workers compensation insurance; lamps; fluorescent tubes; ballasts; steam; fuel; utility taxes; . electricity, including the Electricity Charges; water (vincluding sewer charges and/or rental); casualty, business interruption or rent insurance and liability insurance; repairs and maintenance, including, but not limited to, repairs and maintenance to the roof, foundation, exterior and interior walls, floors and covering of same in common areas and structural elements; building and cleaning supplies; uniforms and dry cleaning; window cleaning; management fees not to exceed five percent (5%) waste disposal of the gross revenues of the Property; service contracts with independent contractors; electricity audit costs; telephone; telegraph, stationery, advertising; equipment necessary for the maintenance and operation of the Building; protection and security services; replacements of plate and window glass; tenant area and common area cleaning and janitorial services; plant and landscape services; ground maintenance; elevator maintenance and repair; ice, snow and trash removal; and all other expenses paid in connection with the operation of the Building. (vi) security; (vii) labor; (viii) management costs Operating Expenses shall not include depreciation on the Building of which the Premises are a part or equipment therein, loan payments, or real estate broker's commissions Operating Expenses shall also include, but not be limited to, the capital cost of repairs and/or replacements, including, without limitation: but not limited to repairs and replacements of the roof, foundation, exterior and interior walls, floors and coverings of same in the Common Areas, structural elements and elements or systems in the Building which are considered capital items pursuant to generally accepted accounting principles, or any capital improvements made to the building by Landlord that reduce Operating Expenses or that are required under any governmental law or regulation not previously applicable to the Building or not in effect at the time it was constructed.) Such capital cost shall be amortized over such reasonable periods as Landlord shall determine consistent with generally accepted accounting principles. Landlord agrees that all capital costs included as Operating Expenses shall be net of any insurance proceeds received. Operating Expenses shall not include the capital costs associated with any expansion of the Building or the parking area (Aunless expanded at Tenant's request) wages and salaries (and payroll taxes and similar charges) nor shall they include the cost of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including advertising costs associated with the marketing or rental of personal property; (x) repair and maintenance of space in the structural portions of the buildings with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used in maintenance;Building.

Operating Expenses. Throughout Tenant shall pay to Landlord in the Term manner set forth in Paragraph 15.3 below, ▇▇▇▇▇▇’s pro rata share of this Lease, commencing on the Commencement Date, Tenant agrees to pay Landlord as additional rent expenses (hereafter “Operating Expenses”) in accordance connection with the terms of this Paragraph 6, Tenant's Share of Operating Expenses for the taxes and insurance for the Project and all costs and expenses of the operation, maintenance, repair, replacement, and operation of the Real Property. It is understood and agreed that the term “Operating Expenses” shall include , but shall not be limited to, all sums expended in connection with the Real Property for (1) salaries, wages, benefits and other payroll expenses of employees engaged in the operation, maintenance or repair of the Building; (2) property management fees and expenses; (3) rent (or rental value) and expenses for Landlord’s and any property manager’s offices in the Building; (4) janitorial, maintenance, security, life safety and other services, such as alarm service, window cleaning and elevator maintenance (if applicable) and uniforms for personnel providing services; (5) general maintenance, repairs, painting and pest control within the Building; (6) maintenance, repair and replacement, resurfacing or repaving, painting, and re-striping of paved areas, sidewalks, curbs and gutters; (7) cleaning, sweeping and trash removal; (8) maintenance, replacement and repair of sprinkler systems, irrigation systems, landscaping and ground keeping; (9) management, operation, maintenance and repair of all public, private and park areas within and adjacent to the Building; (10) lighting, electricity, natural gas, water, waste disposal, sewage, music and other utilities and services; (11) maintenance, repair and replacement of signs on the Project including, without limitation: (i) any form Real Property which tenants and/or occupants of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power Real Property are not obligated to taxrepair, including any citypylon, countymonument, or directional signs and other markers and bumpers; (12) maintenance, repair or replacement of any fire protection systems, automatic sprinkler systems, lighting systems, heating, ventilation and air conditioning systems, storm drainage systems, and any other utility systems, and costs associated with the submetering of utilities; (13) compliance with all federal, state, local codes laws including, but not limited to, the requirements of the Americans with Disabilities Act (the “ADA”), including costs incurred in connection with the defense and/or settlement of any claims alleging any violation of the ADA or similar laws and the remediation or correction of any such violations; (14) legal, accounting and other professional services for the Real Property, including costs, fees and expenses of contesting the validity or applicability of any law, ordinance, rule, regulation or order relating to the Real Property; (15) personnel to implement such services and to police the Real Property, police and fire protection services, including security guards, all at the sole discretion of Landlord; (16) depreciation and maintenance on personal property, including window and floor coverings in the Common Areas and other public portions of the Real Property, and operating machinery and equipment (if owned) and rental paid for furniture, fixtures, materials, supplies, tools ,machinery and equipment (if rented) used for the management, operation and maintenance of the Real Property; (17) license, permit and inspection fees and costs; (18) costs associated with obtaining and maintaining the insurance described in Section 12.1, above, including any deductibles and attorneys’ fees paid in connection with an insured loss and costs incurred in obtaining insurance proceeds, and including an imputed insurance premium if Landlord self-insures, or a proportionate share if Landlord insures under a “blanket” policy; (19) any parking charges, surcharges or any other costs levied or assessed by local, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereofgovernment agencies in connection with the use of parking facilities; (ii20) the cost of any and all assessments under capital improvements made at any covenants, conditions and restrictions affecting time to the ProjectBuilding in accordance with Section 15.2 (11); (iii21) watersales, sewer use and other utility chargesexcise taxes; (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 of the Lease; (v) waste disposal and janitorial services; (vi) security; (vii) labor; (viii) management costs including, without limitation: (A) wages and salaries (and payroll taxes and similar charges) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance of the structural portions of the buildings with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used in maintenance;[and]

Operating Expenses. Throughout the Term of this Lease, commencing on the Commencement Date, Tenant agrees to pay to Landlord as additional rent in accordance with the terms of this Paragraph 6, Tenant's ’s Proportionate Share of Operating Expenses for the taxes all services and insurance for the Project and all costs and other operating expenses of the Project (collectively “Operating Expenses”) that are provided by Landlord with respect to the Project in each calendar year. Operating Expenses shall include all reasonable and necessary expenses incurred by Landlord in the ownership, operation, maintenance, repairrepair and management of the Project in which the Premises are located, including, but not limited to the following: (i) Repair, maintenance, utility costs and landscaping of the Common Area, including, but not limited to, any and all costs of maintenance, repair and replacement of all parking areas (including bumpers, sweeping, and striping), loading and unloading areas, trash areas, common driveways, sidewalks, outdoor lighting, signs, directories, walkways, parkways, landscaping, irrigation systems, fences and gates and other costs which are allocable to the Project including, without limitation: (i) any form of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having which the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereof; Premises are a part; (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; (iii) water, sewer and other utility charges; (iv) costs of insurance obtained by Landlord pursuant Non-structural repairs to Paragraph 19 of the Lease; (v) waste disposal and janitorial services; (vi) security; (vii) labor; (viii) management costs including, without limitation: (A) wages and salaries (and payroll taxes and similar charges) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance of the structural portions roof (and roof membrane), skylights and exterior walls of the buildings Building (including painting); (iii) The costs relating to the insurance maintained by Landlord with respect to the Project; (iv) Maintenance contracts for heating, ventilation and air-conditioning (HVAC) systems and elevators, if any; (v) Maintenance, monitoring and operation of the fire/life safety and sprinkler system; (vi) Trash collection, security services; water and sewage service; electricity; (vii) Capital improvements made to or capital assets acquired for the Project after the Commencement Date that are intended to reduce Project Operating Expenses or are reasonably necessary for the health and safety of the occupants of the Building or are required under any governmental law or regulation, which capital costs, or an allocable portion thereof, shall be amortized over its useful life as commercially reasonable determined by Landlord, together with interest on the unamortized balance at the rate of ten percent (10%) per annum; Landlord’s Initials CZ Tenant’s Initials HZ (viii) Real Property Taxes; (ix) All costs and fees incurred by Landlord in connection with the Projectmanagement of this Lease and the Premises, including the plumbingcost of those services which are customarily performed by a property management services company, heating, ventilating, air-conditioning together with a management fee to Landlord for accounting and electrical systems installed or furnished project management services relating to the Project in an amount equal to four percent (4%) of the sum of the gross rents received by LandlordLandlord from all of the tenants in the Project; and (xix) maintenance, Any other commercially reasonable maintenance costs incurred by Landlord related to the Project as a whole and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used in maintenance;not related solely to the Tenant.

Operating Expenses. Throughout the Term of this Lease, commencing on the Commencement Date, Tenant agrees to pay Landlord as additional rent in accordance with the terms of this Paragraph 6Section 4, Tenant's Share of Operating Expenses for the taxes and insurance for the Project and for all costs and expenses of for the operation, maintenance, repair, and replacement of the Project including, without limitation: (i) any form of real property tax tax, assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural agricultural, lighting, drainage or other improvement or special assessment district thereof; (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; (iii) water, sewer and other utility charges; (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 Section 21 of the this Lease; (v) waste disposal and janitorial services; (vi) security; (vii) labor; (viii) management costs including, without limitation: (A) wages and salaries (and payroll taxes and similar chargescharges ) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management commercially reasonable management/administrative fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance of the structural portions of the buildings with within the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenance, costs sweeping, repairs, resurfacing, and upkeep of all parking and other Common Areas; (xii) depreciation amortization on a straight line basis over the useful life [together with interest at the Interest Rate on the unamortized balance] of all capitalized expenditures which are: (A) reasonably intended to produce a reduction in operating charges or energy consumption; or (B) required under any governmental law or regulation that was not applicable to the Project as of the Commencement Date (however, if such expenditure by Landlord is required solely due to Tenant's particular use, occupancy or alteration of the Premises, then regardless of when such law or regulation became in effect, Tenant shall be responsible for all of such expenditure); or (C) for replacement or restoration of any Project equipment and/or improvements needed to operate and/or maintain the Project at the same quality levels as prior to the replacement or restoration; (xiii) gardening and rental landscaping; (xiv) maintenance of signs (other than signs of tenants of the Project); (xv) personal property taxes levied on or attributable to personal property used in connection with the Common Areas; (xvi) reasonable accounting, audit, verification, legal and other consulting fees; and (xvii) any other costs and expenses of repairs, maintenance, painting, lighting, cleaning, and similar items, including appropriate reserves. Notwithstanding anything to the contrary in the definition of Operating Expenses set forth in this Lease, Operating Expenses shall not include the following: (a) depreciation on the Building and Project; (b) interest, principal, points and fees on debt or amortization on any mortgages and deeds of trust or other debt instruments secured by the Building or the Project or any underlying ground lease; (c) costs of repairs and general maintenance paid from insurance proceeds but excluding the amount of any deductibles paid by Landlord; (d) repairs and replacements covered by warranties or guaranties (to the extent actually collected by Landlord); and the cost of any repairs, alterations and additions made to rectify or correct any major defects or significant design errors relating to the initial design or construction of the Building and Project; (e) costs of items considered capital repairs, replacements, improvements and equipment under generally accepted accounting principles consistently applied except for those items expressly permitted in clause (xii) above; (f) costs of special services rendered to individual tenants (including Tenant) for which a special charge is made to the tenant(s) receiving such special services; (g) costs of improvements for other tenants in the Building or Project; (h) costs of the Landlord for which a tenant is obligated to separately reimburse Landlord (as opposed to reimbursement of a pro rata share thereof as an Operating Expense), including, for example, taxes and property insurance premiums on improvements for tenants of the Building and Project that are above the building standard; (i) costs incurred by Landlord in connection with the enforcement of the terms and conditions of any lease in the Building or Project; (j) all costs, expenses, penalties, damages, fines and judgments from any investigation, site monitoring, containment, cleanup, removal, restoration or other remedial work of any kind or nature required under any local, state or federal law or regulation, any judicial order, or by any governmental or nongovernmental entity or person as a result of or in connection with any Hazardous Material or Hazardous Materials contamination; (k) Landlord's general corporate overhead and general and administrative expenses; (l) Marketing costs, including, without limitation, leasing commissions, attorneys' fees, space planning costs and other costs and expenses incurred in connection with the leasing of the Building or Project; and (m) Overhead and profit increment paid to Landlord and Landlord's subsidiaries for goods and/or services in or to the Building or Project to the extent the same exceeds the costs of such goods and/or services rendered by unaffiliated third parties on a competitive basis.

Operating Expenses. Throughout the Term of this Lease, commencing on the Commencement Date, Tenant agrees to pay Landlord as additional rent in accordance with the terms of this Paragraph 6P▇▇▇▇▇▇▇▇ ▇, Tenant's ▇▇▇▇▇▇’s Share of Operating Expenses for the taxes and insurance for the Project and all costs and expenses of for the operation, maintenance, repair, and replacement of the Project including, without limitation: (i) any form of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural agricultural, lighting, drainage or other improvement or special assessment district thereof, including, without limitation, any new taxes which are in substitution for or in addition to any current taxes payable hereunder; (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; (iii) water, sewer and other utility charges; (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 of the Lease; (v) waste disposal and janitorial services; (vi) security; (vii) labor; (viii) management costs including, without limitation: (A) wages and salaries (and payroll taxes and similar chargescharges ) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance of the structural portions of the buildings with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used in maintenance;; (xiii) amortization on a straight line basis over the useful life [together with interest at the Interest Rate on the unamortized balance] of all capitalized expenditures which are: (A) reasonably intended to produce a reduction in operating charges or energy consumption; or (B) required under any governmental law or regulation that was not applicable to the Project at the time it was originally constructed; or (C) for replacement of any Project equipment needed to operate the Project at the same quality levels as prior to the replacement; (xiv) gardening and landscaping; (xv) maintenance of signs (other than signs of tenants of the Project); (xvi) personal property taxes levied on or attributable to personal property used in connection with the Common Areas; (xvii) reasonable accounting, audit, verification, legal and other consulting fees; and (xviii) costs and expenses of repairs, resurfacing, repairing, maintenance, painting, lighting, cleaning, refuse removal, security and similar items, including appropriate reserves.

Operating Expenses. Throughout the Term For purposes of this LeaseArticle, commencing the term "OPERATING EXPENSES" shall mean the sum of (a) Impositions (as defined in Section 5.04 below) and (b) all expenses paid or incurred by Landlord or on the Commencement Date, Tenant agrees to pay Landlord as additional rent Landlord's behalf in accordance with the terms of this Paragraph 6, Tenant's Share of Operating Expenses for the taxes and insurance for the Project and all costs and expenses respect of the operation, maintenance, repair, maintenance and replacement operation of the Project Building, the Land and the curbs, sidewalks and atriums adjoining the same, including, without limitation (i) salaries, wages, medical, surgical, union and general welfare benefits (including, without limitation: (i, group life insurance) any form and pension payments of real property tax assessmentemployees of Landlord engaged in the repair, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition operation and maintenance of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereofBuilding; (ii) any payroll taxes, workmen's compensation, uniforms and all assessments under any covenants, conditions and restrictions affecting the Projectrelated expenses for employees; (iii) waterthe cost of all charges for gas, sewer steam, electricity (determined as if Tenant's Proportionate Share of the Building's electrical service was separately metered to Tenant with respect to the Premises at the electrical utility's current rates for such service), any alternate source of energy, heat, ventilation, air-conditioning, water and other utility chargesutilities furnished to the Building (including, without limitation, the Common Elements), together with any taxes on such utilities; (iv) costs the cost of insurance obtained by Landlord pursuant to Paragraph 19 of the Leasepainting; (v) waste disposal the cost of all charges for rent, casualty, liability and janitorial servicesfidelity insurance with regard to the Building and the maintenance and/or operation thereof; (vi) securitythe cost of the purchase or rental of all supplies (including, without limitation, cleaning supplies), tools, materials and equipment, and sales and other taxes thereon; (vii) labordepreciation of hand tools and other movable equipment used in the repair, maintenance or operation of the Building; (viii) management costs includingthe cost of all charges for window and other cleaning and janitorial and security services, without limitation: (A) wages plant and salaries (landscaping service, plantings and payroll taxes replantings, elevator maintenance and similar charges) of property management employeesrepair, ice and (B) management office rental, supplies, equipment snow removal and related operating expenses and management feestrash removal; (ix) supplies, materials, equipment and tools including rental charges of personal propertyindependent contractors; (x) repairs and replacements made by Landlord at its expense; (xi) alterations and improvements to the Building made by reason of the laws and requirements of any public authorities or the requirements of insurance bodies; (xii) a management fee equal to the greater of five (5%) percent of the gross income derived from the Building or the amount which is not in excess of the then prevailing rates for management fees of other first class office buildings in the City of Hartford, Connecticut; (xiii) that portion of the cost of any capital expenditures for repair or replacement of any Building element (which expenses are not chargeable to Operating Expenses under any other clause of this Section and which would be capitalized under Landlord's method of accounting) allocated to that Operating Year by dividing the amount of the expenditure by the useful life (as reasonable estimated by Landlord) of such capital expenditure; (xiv) reasonable legal, accounting and other professional fees incurred in connection with the operation, maintenance and management of the Building, and (xv) all other charges properly allocable to the repair, operation and maintenance of the structural portions Building in accordance with generally accepted accounting principles; EXCLUDING, HOWEVER, (1) an allowance for depreciation on the Building, (2) interest on and amortization of debts, (3) leasehold improvements, (4) brokerage commissions and advertising expenses for procuring new tenants of the buildings with Building, (5) refinancing costs, (6) the Projectcost of any item included in Operating Expenses under clauses (i)-(xv) to the extent that such cost is reimbursed by an insurance company, including a condemning authority, a tenant or any other party, but if at the plumbingtime Operating Expenses are determined for an Operating Year such reimbursement has not been made, heating, ventilating, air-conditioning such cost may be included in Operating Expenses and electrical systems installed or furnished an adjustment shall be made when and if such reimbursement is actually received by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used in maintenance;.

Operating Expenses. Throughout During the Term term of this Lease, commencing on and any extensions and renewals thereof, Landlord shall operate, manage, repair and maintain, in a first class manner consistent with other similar buildings in the Commencement DateGaithersburg and Germantown, Maryland areas, the Building, the Land and the Common Areas. Tenant agrees shall, during the entire term of this Lease, pay to pay Landlord as additional rent in accordance with Additional Rent, the terms of this Paragraph 6, Tenant's Pro Rata Share of Operating Expenses for the taxes and insurance for the Project and all costs and expenses incurred by Landlord in operating, managing, repairing and maintaining the Building, the Land and the Common Areas, collectively referred to as "Operating Expenses". Said Operating Expenses shall include, but not be limited to, costs and expenses for: (i) removal of snow, ice, trash, rubbish and debris from the Common Areas; (ii) furnishing and maintaining electric service (and elevator service, if any) to the Building and the lighting of the operationCommon Areas; (iii) charges for furnishing and maintaining water and sewer service or other utility services to the Building, maintenance, repair, the Land and replacement the Common Areas; (iv) trimming and grass cutting and all other maintenance and upkeep of the Project grounds, green areas and landscaping in the Common Areas; (v) maintaining, monitoring and testing the sprinkler system and sprinkler alarm system in the Building; (vi) maintaining, striping, cleaning and repairing the parking areas, driveways and sidewalks; (vii) trash pick-up and removal by a licensed contractor from containers located in a common enclosure(s) for the mutual use of all tenants in the Building, as well as the cost of maintaining and repairing said trash container enclosure(s); (viii) reasonable property management fees (not to exceed three percent (3%) of grossed-up rentals in the Building, where "grossed-up rentals" refers to the average basic annual rental in the Building plus Operating Expenses calculated without including the management fee); (ix) maintenance and repairs to the exterior of Building, including, without limitation, exterior windows, doors, hardware, locks, lighting and lighting fixtures; (x) premiums incurred by Landlord, if any, for hazard, liability, workmen's compensation or similar insurance on contractors providing services to the Building, Land or Common Areas; (xi) Impositions (as defined in Section 8); (xii) Insurance Premiums (as defined in Section (8); and (xiii) any other costs and maintenance expenses for the Building, Land, Common Areas and all appurtenances thereto as may be deemed reasonably necessary by Landlord which under generally accepted accounting principles ("GAAP") properly constitute operating or maintenance costs and expenses attributable thereto. Operating Expenses shall not include any of the following: (i) any form the cost of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition the original construction of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, Building or any schooladditions or expansions to the Building, agricultural lighting, drainage Common Areas or other improvement or special assessment district thereofitems which under GAAP are properly classified as capital expenditures; (ii) any and all assessments under repairs or work performed to any covenants, conditions and restrictions affecting portion of the ProjectBuilding intended to be occupied by individual tenants; (iii) water, sewer the cost of correcting any defects in the original construction of the Building and other utility chargesCommon Areas; (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 of the Leaseany reserves for future expenditures not yet incurred; (v) waste disposal and janitorial servicesground lease rental; (vi) securitycosts incurred by Landlord for repair or restoration to the extent that Landlord is reimbursed by insurance or condemnation proceeds or that the same is covered by warranty; (vii) laborreasonable attorneys' fees, leasing commissions and other costs and expenses incurred in connection with negotiations or disputes with present or prospective tenants or other occupants of, or persons, firms or entities with respect to, the Building; (viii) management costs includingincurred by Landlord due to the negligence or misconduct of Landlord or its agents, without limitation: (A) wages contractors, licensees and salaries (and payroll taxes and similar charges) of property management employees, or the violation by Landlord of the terms and (B) management office rental, supplies, equipment and related operating expenses and management feesconditions of this Lease; (ix) suppliesinterest, materials, equipment principal points and tools including rental fees on debts or amortization on any mortgage or mortgages or any other debt instrument encumbering all or any portion of personal propertythe Building or the Land on which the Building is located; (x) repair advertising and maintenance promotional expenditures in connection with leasing the Building, and costs of the structural portions installation of signs identifying the owner and/or manager of the buildings with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by LandlordBuilding; (xi) maintenanceany costs relating to hazardous materials, costs asbestos and upkeep the like not resulting from actions of all parking and other Common AreasTenant; (xii) any charges for depreciation of the Building, or equipment (except costs of and depreciation of equipment installed or improvements made to reduce Operating Expenses); (xiii) any charge for Landlord's income taxes, excess profit taxes, or franchise taxes; (xiv) increased Insurance Premiums or Impositions assessed specifically to any tenant; (xv) any cost representing an amount paid to a person, firm, corporation or other entity related to Landlord which is in excess of the amount which would have been paid in the absence of such relationship; (xvi) Landlord's general overhead attributable to the activities of Landlord's officers and executives; (xvii) costs of repairs, alterations and/or replacements caused by the exercise of the rights of eminent domain; (xviii) expenses incurred by Landlord solely in its capacity as a corporation, partnership or other business entity; (xix) costs, fines or penalties incurred due to violation by Landlord of any laws or governmental rules or regulations, except as incurred by Landlord in challenging any such law, rule or regulation; (xx) wages, salaries or other compensation to employees of Landlord or Landlord's agent with a professional status higher than the level of the Building Manager; and (xxi) costs and expenses (other than management fees) paid to entities under common control with Landlord for services on a straight line basis or to the Building, but only to the extent that the cost of such services exceeds normal rates being paid for such services to unaffiliated providers of such services by owners of other similar buildings in the area. There shall not be duplication in charges to Tenant by reason of the provision setting forth Tenant's obligation to reimburse Landlord for Operating Expenses and rental of personal property used any other provision in maintenance;this Lease.

Operating Expenses. Throughout Lessee shall pay as Additional Rent Lessee's share as reasonably determined by the Term Lessor of all expenses, costs, and disbursements of every kind and nature (collectively, "Operating Expenses") which Lessor shall pay or become obligated to pay in connection with the ownership, operation and maintenance of the Building or the Land, including all facilities in operation on the Commencement Date and such additional facilities in subsequent years as may be determined by Lessor to be necessary or beneficial for the operation of the Building or the Land or the provision of services to lessees, including, but not limited to: (a) all salaries, wages, fringe benefits, payroll taxes and workmen's compensation insurance premiums related thereto of and for employees engaged in the operation of the Building and the Land (with respect to employees who are engaged in the operation of other properties as well as the Building and the Land, these amounts shall be pro-rated on the basis of the relative amount of time spent by such employees on the various properties); (b) painting, repairs, maintenance and cleaning of all Common Areas; (c) utilities (including, without limitation, electricity, steam, water, sewer and gas) for all interior Common Areas and lighting of exterior areas and the "Parking Area" (as defined in Section 9.0 below); (d) maintenance and repair of the Building heating and cooling systems, the plumbing systems, the fire detection and suppression systems, the electrical system and the elevators; (e) all maintenance, janitorial, and service agreements; (f) all insurance, including the cost of casualty and liability insurance applicable to the Parking Area, the Land, the Building and Lessor's personal property used in connection therewith, including the amount of any reasonable deductible payable by Lessor in making repairs and restoration after a casualty; (g) maintenance of landscaped areas and paved areas, and snow removal; (h) maintenance of the Building security system; (i) management fees, PROVIDED THAT such fees are paid at rates which are competitive with those commonly charged for the management of comparable properties in Cambridge, Massachusetts; (j) capital items which are for the purpose of reducing Operating Expenses or upgrading services or which are at any time required by a governmental authority or the provisions of any insurance policy which is first adopted or first becomes applicable to the Premises, the Building or the Land after the date of this Lease, commencing on amortized over the Commencement Date, Tenant agrees to pay Landlord as additional rent in accordance with the terms of this Paragraph 6, Tenant's Share of Operating Expenses for the taxes and insurance for the Project and all costs and expenses reasonable life of the operation, maintenance, repair, and replacement of the Project including, without limitation: (i) any form of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereof; (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; (iii) water, sewer and other utility charges; (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 of the Lease; (v) waste disposal and janitorial services; (vi) security; (vii) labor; (viii) management costs including, without limitation: (A) wages and salaries (and payroll taxes and similar charges) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance of the structural portions of the buildings with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation capital items on a straight line basis with the reasonable life being determined by Lessor in accordance with generally accepted accounting principles; (k) reasonable expenses incurred in pursuing an application for an abatement of Taxes pursuant to Section 5.4 below to the extent not deducted from the abatement, if any, received; and (l) legal (excluding legal fees with respect to lease negotiations and rental enforcement of personal property used in maintenance;lease terms against other lessees), accounting and other professional fees and disbursements (excluding leasing commissions). For so long as Lessee is the sole occupant of the Building, Lessee shall be responsible for one hundred percent (100%) of Operating Expenses.

Operating Expenses. Throughout The term "operating expenses" includes all expenses incurred by Lessor with respect to the Term of this Lease, commencing on the Commencement Date, Tenant agrees to pay Landlord as additional rent in accordance with the terms of this Paragraph 6, Tenant's Share of Operating Expenses for the taxes maintenance and insurance for the Project and all costs and expenses operation of the operationbuilding and project of which the leased premises are a part, maintenance, repair, and replacement of the Project including, without limitationbut not limited to, the following: (i1) any form of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereofmaintenance and repair costs; (ii2) any and all assessments under any covenantselectricity, conditions and restrictions affecting the Project; (iii) fuel, water, sewer sewer, gas and other utility charges; (iv3) costs security, window washing, janitorial services, trash and snow removal; (4) landscaping and pest control; (5) reasonable (consistent with like building in the market) management fees, wages and fringe benefits payable to on-site building manager; (6) all services, supplies, repairs, replacements or other expenses for maintaining and operating the building or project including parking or common areas; (7) the cost, including interest, amortized over its useful life, of insurance obtained installation of any device or other equipment which improves the operating efficiency of any system within the building of which the leased premises forms a part; (8) all real property taxes and installments of special assessments, including dues and assessments by Landlord pursuant to Paragraph 19 means of deed restrictions and/or owners' associations which accrue against the building and project of which the leased premises are a part during the term of this Lease; (v9) waste disposal and janitorial servicesall insurance premiums Lessor is required to pay or deems necessary to pay, including public liability insurance, with respect to the building; (vi10) securityworkmen's INITIALS STG LMA --- --- compensation insurance, employment taxes, uniforms and equipment for employees and agents referenced in item (5) above; (vii11) laborfire protection; (viii) management costs including, without limitation: (A) wages and salaries (and payroll taxes and similar charges) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance of the structural portions of the buildings with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi12) maintenance, costs repair and upkeep replacement of all parking water, electrical, sanitary sewer, storm sewer and other Common Areasutility lines, pipes and conduits serving the building and project. The term "operating expenses" does not include the following; (xii1) repairs, restoration or other work occasioned by fire, wind, the elements or other casualty; (2) income and franchise taxes of Lessor; (3) expenses incurred in leasing to or procuring of tenants, leasing commissions, advertising expenses and expenses for the renovating of space for new tenants; (4) interest or principal payments on any mortgage or other indebtedness of Lessor; (5) any depreciation on a straight line basis and rental allowance or expense; (6) capital improvements to the Building other than as described in (7) above, including those required by law, (7) abatement of personal property used in maintenance;environmental hazards or materials.

Operating Expenses. Throughout Landlord shall promptly perform all maintenance and repairs upon the common areas, including, without limitation, all landscaped areas, parking areas and structures, paved areas, sidewalks and drives at or serving the Building or the Property, except to the extent expressly made the responsibility of Tenant under this Lease Agreement. During the Term of this Lease, commencing on the Commencement DateLease Agreement and any renewals or extensions thereof, Tenant agrees to shall pay Landlord as additional rent in accordance with its pro rata share of the terms of this Paragraph 6, Tenant's Share of Operating Expenses for incurred by Landlord in owning, operating, managing, maintaining, repairing, replacing and insuring the taxes Building, the Parking Areas and insurance for the Project and all costs and expenses other common areas of the Building, and the parcel(s) of land on which they are located, including for Retail Lots 6 and 7. The term "Operating Expenses" herein shall include, but not be limited to: (a) all payments by Landlord for maintenance, operation, maintenance, repair, replacement and replacement of the Project including, without limitationcare of: (i) any form of real property tax assessmentall heating, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage fire protection and plumbing fixtures in or serving the Parking Areas and other improvement or special assessment district thereof; common areas and (ii) any all equipment, systems, roofs, exterior glass, landscaped areas, signs, the Building’s exteriors and all assessments under any covenants, conditions and restrictions affecting the Projectparking lots (including seal coating); (iiib) all payments by Landlord for electricity, water, sewer and other utility chargesutilities not separately metered or sub-metered, costs allocated to the Building or the parcels on which the Building is located pursuant to a reciprocal easement agreement or declaration (or similar document), snow removal for the Parking Areas, refuse removal, painting, insurance premiums and deductibles, management fees up to 3% of gross annual revenues for the Premises, wages and fringe benefits of personnel employed for the aforesaid work and proportionate costs of equipment purchased and used for such purposes; and (c) the amortization of capital expenditures or investments (but not improvements or expansions), all as determined on a commercially reasonable basis by Landlord using an interest rate of no greater than 8% and amortized over the useful life of the capital improvement, replacement or investment as reasonably determined by Landlord. The term “Operating Expenses” shall not be deemed to include any of the following: (i) leasing costs and commissions, costs of tenant disputes, leasehold improvements and other costs of preparing space for tenants, other tenant incentives, and expenses incurred in negotiating or enforcing leases; (ii) interest, principal or any other payments made to the mortgagee under any mortgage or rental or any other payments made to the ground lessor under any ground lease; (iii) costs for which Landlord is reimbursed, including costs covered by proceeds of insurance, condemnation awards or court judgments, amounts specially billed to and payable by an individual tenant and costs covered by any manufacturer’s, contractor’s or other warranty; (iv) fees and other costs of insurance obtained for professional services provided by Landlord pursuant to Paragraph 19 of the Leaseattorneys, space planners and architects; (v) waste disposal marketing and janitorial servicesadvertising expenses; (vi) securityany costs of capital improvements or expansions (as opposed to capital repairs or replacements, or maintenance of items of a capital nature); (vii) laborpolitical or charitable contributions; (viii) management costs incurred in connection with the mortgaging, selling or changing of ownership of a building or any part of the associated real property, including, without limitation: (A) wages , brokerage commissions, consultants’, attorneys’ and salaries (and payroll accountants’ fees, closing costs, title insurance premiums, transfer taxes and similar interest charges) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental Real Estate Taxes (which are covered in Article 6(a)(i)) or any costs expressly excluded from the definition of personal propertyReal Estate Taxes; (x) repair and maintenance costs incurred in connection with the original construction of the structural portions Building or any other part of the buildings with Property and costs of repairing, replacing or otherwise correcting defects or deficiencies in the Projectdesign, including construction or components of the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlordimprovements comprising the Property; (xi) maintenancecosts incurred in connection with the investigation, costs and upkeep removal, remediation or clean-up of all parking and other Common AreasHazardous Materials from the Property or Building (including the fees of any environmental consultants); (xii) depreciation Landlord’s general corporate overhead and general and administrative expenses or wages, salaries, fees, and fringe benefits paid to administrative or executive personnel or officers or partners of Landlord not having direct day to day responsibility for operating or providing services to the Building; (xiii) any "tap fees" or one-time lump sum sewer or water connection fees for the Property payable in connection with the original construction of the Property; (xiv) costs incurred for any item to the extent covered by a manufacturer’s, materialman’s, vendor’s or contractor’s warranty and paid by such manufacturer, materialman, vendor or contractor (Landlord shall pursue a breach of warranty claim for items of Landlord’s Work covered by a warranty); (xv) development fees, impact fees and similar charges; and (xvi) deductibles and retentions on a straight line basis and rental any insurance maintained by Landlord that are in excess of personal property used in maintenance;commercially reasonable deductibles (i.e., self-insurance shall not be an Operating Expense).

Operating Expenses. Throughout the Term For purposes of this Lease, commencing on the Commencement Date, Tenant agrees to pay Landlord as additional rent in accordance with the terms of this Paragraph 6, Tenant's Share of "Operating Expenses for the taxes and insurance for the Project and all costs and expenses Expenses" shall consist of the total (without duplication) of all actual expenses and costs of ownership, administration, operation, maintenancemanagement, repair, maintenance and replacement repair of the Project (other than Real Property Taxes), including, without limitation: (i1) any form premiums for insurance maintained by Landlord pursuant to this Lease or otherwise for the benefit of real property tax assessmentthe Project; (2) wages, license feesalaries and related expenses of all on-site and off-site employees-engaged in operation, license taxmanagement, business license feemaintenance and security, commercial including without limitation, payroll taxes and similar government charges with respect thereto, insurance, retirement, fringe benefits and uniform allowances payable to employees; (3) all supplies, materials and equipment (including rentals) used in such operation, management, maintenance and repair (4) all maintenance, security and service costs; (5) all janitorial costs, including refuse removal and window cleaning; (6) costs incurred in the management of the Project (including supplies), together with a fee for the management of the Project and the rental taxcost of an on-site management office; (7) consultant, levylegal and accounting expenses, chargeincluding the cost of audits by certified public accountants; (8) costs of operating and maintaining elevator(s) (if any); (9) all maintenance, improvement bond or similar imposition of any kind or nature imposed by any authority having repair and replacement costs relating to the direct power to taxProject, including sidewalks, landscaping, snow removal, signs (other than tenant signs), service areas, mechanical rooms, parking and plaza areas, Project exterior, driveways, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereof; (ii) any and all assessments under against the Project pursuant to any covenants, conditions or restrictions, reciprocal easement agreements, tenancy in common agreements or similar restrictions or agreements; (10) painting, decorating and restrictions affecting furbishing of the Project and repairing, restriping and resurfacing the parking facilities and parking areas of the Project; (iii11) waterroof system maintenance and repairs; (12) amortization of capital improvements to the extent such capital improvements are installed or used to reduce the costs of other items included in Operating Expenses (whether or not such costs in respect of the same are in fact reduced) or to the extent such improvements are required by laws, sewer rules, ordinances or regulations; (13) any personal property taxes levied on or attributable to personal property used in connection with the operation, management, maintenance and/or repair of the Project; (14) the cost of permits, certificates and licenses required in connection with the Project or any portion thereof or any areas used in connection therewith (except building permits and other utility development permits), and any other costs levied, assessed or imposed by or at the direction of, or resulting from statutes or regulations or interpretations thereof promulgated by any federal or governmental authority in connection with the use or occupancy of the Project; and (15) water and sewer costs and charges, and the charges and costs of electricity for the operation of the heating, ventilating, and air conditioning systems serving the Project, excluding the Premises, and including the Common Areas of the Project; and (16) any other expenses of any kind whatsoever reasonably incurred in managing, operating, maintaining and repairing the Project. Operating Expenses shall be reduced by the following: (a) to the extent actually received by Landlord, the net proceeds (after deduction of all costs of recovery thereof, including insurance deductible and reasonable legal fees) of insurance and damages paid by third parties and which are not applied to reconstruction or required to be paid to Landlord's mortgagee; (ivb) specific costs incurred for the account of, separately billed to, and paid by specific tenants; (c) repairs or replacements to the extent that the cost of insurance obtained the same is recovered by Landlord pursuant to Paragraph 19 of the Leaseoriginal construction warranties; (vd) waste disposal and janitorial servicesinterest on debt or capital retirement of debt; (vi) security; (vii) labor; (viii) management costs including, without limitation: (A) wages and salaries (and payroll taxes and similar charges) of property management employees, and (Be) management office rentalLandlord's cost of tenant leasehold improvements, supplies, equipment leasing commissions and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance of the structural portions of the buildings with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used in maintenance;reasonable legal fees arising from lease disputes.

Operating Expenses. Throughout The term “operating expenses” includes all reasonable and customary expenses and disbursements (subject to the Term limitations set forth below) that Lessor incurs during the term of this LeaseLease in connection with the ownership, commencing on operation, and maintenance of the Commencement Dateproject, Tenant agrees to pay Landlord as additional rent determined in accordance with sound accounting principles consistently applied, including, but not limited to, the terms of this Paragraph 6, Tenant's Share of Operating Expenses for the taxes and insurance for the Project and all costs and expenses of the operation, following: (a) maintenance, repair, repair and replacement of the Project including, without limitation: (i) any form of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereofcosts; (iib) any and all assessments under any covenantselectricity, conditions and restrictions affecting the Project; (iii) fuel, water, sewer sewer, gas and other utility charges; (ivc) costs of insurance obtained by Landlord pursuant to Paragraph 19 of the Leasesecurity; (vd) waste disposal window washing and janitorial services; (e) trash and snow removal; (f) landscaping and pest control; (g) management fees (if any), but only to the extent such fees are comparable to fees in comparable buildings in the area; (h) wages and benefits payable to employees of Lessor or others (at the level of property manager or below) whose duties are directly connected with the operation and maintenance of the Building; (i) all services, supplies, repairs, replacements or other expenses for maintaining and operating the project, including parking and common areas; (j) all real property taxes and installments of special assessments, including dues and assessments by means of reciprocal easements, deed restrictions and/or owners’ associations which accrue against the Building of which the leased premises are a part during the term of this Lease including the commercially reasonable cost of proceedings contesting any real estate appraisal or assessment; (k) and all insurance premiums Lessor is required to pay or deems commercially reasonably necessary to pay related to the Building, including fire, casualty and extended coverage (including flood and earthquake coverage) and public liability insurance with respect to the project. The term operating expenses does not include the following: (i) repairs, restoration or other work occasioned by fire, wind, the elements or other casualty or condemnation if Lessor’s insurance proceeds or condemnation proceeds covers such loss; (ii) penalties and interest on taxes or income and franchise taxes of Lessor; (iii) interest or principal payments (or other payments) on any mortgage or other indebtedness of Lessor, or costs of refinancing such indebtedness; (iv) capital expenses related to the Building or the cost of capital improvements or additions; (v) management, accounting, legal, or brokerage fees incurred by Lessor, or other expenses related to leasing tenant space or constructing improvements for the sole benefit of an individual tenant; (vi) securitycosts associated with conforming the Building to present and future laws, ordinances and building codes, including, but not limited to, environmental, health and safety laws; (vii) laborany depreciation allowance or expense; (viii) management costs including, without limitation: (A) wages and salaries (and payroll taxes and similar charges) of property management employees, and (B) management office rental, supplies, equipment and expenses for repairs or maintenance related operating expenses and management feesto the project which have been reimbursed to Lessor pursuant to warranties or service contracts; (ix) suppliesexpenses for repairs, materialsalterations, equipment and tools including rental general maintenance necessitated by the negligence or willful misconduct of personal propertyLessor or any other tenant of the Building; (x) repair any cost or expense associated with ▇▇. ▇▇▇▇▇▇▇▇ and/or any maintenance employee to be engaged by Lessee in accordance with section 5.05 below; and maintenance of the structural portions of the buildings with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) any other expense which is not a fair and reasonable direct operating expense of the Building, or under generally accepted accounting principles, consistently applied, would not be considered a normal maintenance, costs repair, management or operating expense of the Building. In the event Lessor elects not to contest any re-assessment or re-appraisal of real property taxes, Lessor shall give Lessee notice of such election at least thirty (30) days prior to the last day to file such proceeding and upkeep Lessee shall have the right to file a contest to such re-appraisal or re-assessment on behalf of all parking Lessor, at Lessee’s expense; provided, however, that in the event of any abatement of such taxes, the reasonable cost and other Common Areas; (xii) depreciation on expense of the proceedings shall be a straight line basis and rental of personal property used first charge against any recovery. Lessor agrees to cooperate with Lessee in maintenance;any such contest.

Operating Expenses. Throughout the Term of this Lease, commencing on the Commencement Date, Tenant agrees to pay Landlord as additional rent in accordance with the terms of this Paragraph 6, Tenant's Share of Operating Expenses for the taxes and insurance for the Project and all costs and expenses of for the operation, maintenance, repair, and replacement of the Project including, without limitation: (i) any form of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural agricultural, lighting, drainage or other improvement or special assessment district thereof; (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; (iii) water, sewer and other utility charges; (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 of the Lease; (v) waste disposal and janitorial services; (vi) security; (vii) labor; (viii) management costs including, without limitation: ; (A) wages and salaries (and payroll taxes and similar charges) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance of the structural portions of the buildings with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used in maintenance;; (xiii) amortization on a straight line basis over the useful life (together with interest at the Interest Rate on the unamortized balance) of all capitalized expenditures which are: (A) reasonably intended to produce a reduction in operating charges or energy consumption; or (B) required under any governmental law or regulation that was not applicable to the Project at the time it was originally constructed; or (C) for replacement of any Project equipment needed to operate the Project at the same quality levels as prior to the replacement; (xiv) gardening and landscaping; (xv) maintenance of signs (other than signs of tenants of the Project); (xvi) personal property taxes levies on or attributable to personal property used in connection with the Common Areas; (xvii) reasonable accounting, audit, verification, legal and other consulting fees; and (xviii) costs and expenses of repairs, resurfacing, repairing, maintenance, painting, lighting, cleaning, refuse removal, security and similar items, including appropriate reserves.

Operating Expenses. Throughout the Term of this Lease, commencing on at the Commencement Date, Tenant agrees to pay Landlord as additional rent Additional Rent in accordance with the terms of this Paragraph 6▇▇▇▇▇▇▇▇▇ ▇, Tenant's ▇▇▇▇▇▇’s Share of Operating Expenses for the taxes and insurance for the Project and all costs and expenses of for the operation, maintenance, repair, and replacement of the Project including, without limitationas follows: (i) any form of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature real estate taxes and assessments levied upon the Building and Premises imposed by any authority having the direct power to tax, including any cityapplicable State, countyCounty, state or federal government, City governments or any school, agricultural agricultural, lighting, drainage or other improvement or special assessment district thereof; (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; (iii) water, sewer and other utility charges; charges (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 of the Lease; (v) waste disposal and janitorial services; (vi) security; (vii) labor; (viii) management costs (“Management Costs”), including, without limitation: , (A) wages and salaries (and including payroll taxes and similar charges) of property management employees, employees and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal propertyproperty directly attributable to the management of the Project, which Management Costs will in no event increase more than five percent (5%) from the immediately prior calendar year; (xv) repair and maintenance of the structural portions of the buildings with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xivi) maintenance, costs and upkeep of all parking and other Common Areas; (xiivii) depreciation on a straight line basis and rental of personal property used in maintenance;; (viii) gardening and landscaping; (xv) maintenance of signs (other than signs of tenants of the Project); (xvi) personal property taxes levied on or attributable to personal property used in connection with the Common Areas; (ix) reasonable accounting, audit, verification, legal and other consulting fees; and (x) costs and expenses of repairs, resurfacing, repairing, maintenance, painting, lighting, cleaning, refuse removal, security and similar items, including appropriate reserves. Notwithstanding the foregoing paragraph, the following shall not be included as Operating Expenses: (a) interest, points and fees on debt or amortization on or for any mortgage or similar security instrument (a “Security Instrument”) encumbering the Project or any portion thereof, and all principal, escrow deposits and other sums paid on or in respect to any indebtedness (whether or not secured by a Security Instrument), and all costs incurred in connection with any financing, refinancing or syndication of the Project; (b) costs of capital improvements and any other expenditures that, under generally accepted accounting principles (“GAAP”), should be capitalized, except that Operating Expenses shall include the cost during the Term, as reasonably amortized by Landlord in accordance with GAAP, of any capital improvement; (c) costs of improvements to, or alterations of, space leased to or available for lease to any tenant; (d) costs of repairing or restoring any portion of the Project damaged by a fire or other casualty, except to the extent that such costs constitute expenses (as opposed to capital expenditures) under GAAP and do not exceed the amount of the deductible under the policy of casualty insurance maintained (or required to be maintained) by Landlord, or are not covered or paid for by insurance proceeds; (e) costs of repairs, alterations or replacements required as the result of the exercise of any right of eminent domain or conveyance in lieu thereof, except to the extent that such costs constitute expenses (as opposed to capital expenditures) under GAAP and are not part of the condemnation award payable to Landlord with respect thereto; (f) costs and expenses incurred in connection with leasing space in or procuring tenants for the Project, including, without limitation, leasing commissions and advertising expenses, and legal and other professional fees; (g) court costs and legal fees incurred to enforce the obligations of tenants under leases of portions of the Project, or resulting from the violation by Landlord of the terms and conditions of any lease; (h) costs of correcting defects in the initial construction of the Project, provided that this shall not exclude the cost of normal repair and maintenance expected with respect to the construction materials and equipment installed in the Project; (i) wages, salaries, compensation and benefits of any employees above the level of property manager; and (j) fines, interest, charges, penalties, damages and other costs incurred by Landlord by reason of any default (or claim of default) or late payment by it under any lease or other contract or instrument (regardless of whether or not the payment itself is allowed to be included in Operating Expenses), including, without limitation, any legal and other professional fees paid or incurred in connection therewith.

Operating Expenses. Throughout The term "operating expenses" as used herein shall include all of the Term of this Lease, commencing on the Commencement Date, Tenant agrees to pay Landlord as additional rent in accordance with the terms of this Paragraph 6, Tenant's Share of Operating Expenses for the taxes and insurance for the Project and all costs and expenses of the operation, maintenancerepair and maintenance of the Premises, repairthe Land, the Building, and replacement its interior and exterior common areas, and shall include by way of the Project includingillustration, without limitation: (i) any form of real property tax assessmentbut is not limited to, license feeall taxes, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition assessments and governmental charges of any kind or nature imposed whatsoever levied or assessed against the Land and the Building by any authority having the direct power to tax, including any citymunicipality, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereof; (ii) any governmental agency, all insurance premiums for commercial general liability, fire and extended coverage on the Building and the Land, utilities for the Premises and the common areas of the Building, including, electricity, gas, and water and sewer, all assessments under any covenantslawn, conditions interior common area, and restrictions affecting driveway and paved parking area maintenance related to the Project; (iii) waterLand upon which the Premises are located, sewer and other utility charges; (iv) costs for the streets and roadways providing access to the Building and the Land, management and supervisory fees, exterior lighting maintenance, snow removal, waste removal, repair and maintenance of insurance obtained paved areas, cleaning supplies, miscellaneous building supplies, sweeper brushes, supplies for materials used in common by all tenants of the complex in which the Premises are located, external paint for the Building, exterior and interior common area maintenance, elevator repair and maintenance, external plumbing for the Building, exterior lighting in common areas, insect and pest extermination, security guards for the complex in which the Premises are located, signs for the complex in which the Premises are located, fuel for vehicles and street sweepers used by Landlord pursuant to Paragraph 19 of in the Lease; (v) waste disposal complex in which the Premises are located and janitorial services; (vi) security; (vii) miscellaneous maintenance expenses, heat, air conditioning, labor; (viii) management costs including, without limitation: (A) wages and salaries (and payroll taxes and similar charges) of property management employees, and (B) management office rentalmaterials, supplies, equipment and related operating expenses tools, permits, licenses, inspection fees, window glass replacement and management fees; repair, compensation (ixincluding employment taxes and fringe benefits) supplies, materials, equipment and tools including rental of personal property; (x) repair and all persons who perform duties in connection with the operation and/or maintenance of the structural portions Building, and costs for janitorial expense and trash removal at the Premises. In the event the Building is one of several buildings located on the Land for tax assessment purposes, the amount of tax assessed against the Land and the buildings thereon shall be allocated amongst the buildings in proportion to the square footage of each building to the total amount of tax assessed, as reasonably determined by Landlord. For example, if the ad valorem taxes assessed for the Land and the buildings for a calendar year is $100,000.00, and two buildings occupy the Land with one building of 100,000 rentable square feet ("building A") and the other building of 70,000 rentable square feet ("building B"), the proportionate share for building A would be $58,823.53, and the proportionate share for building B would be $41,176.44. During the time that the Building is the only building located on the Land, the amount of ad valorem taxes assessed shall be allocated as follows: all taxes due for improvements to the Land shall be allocated to and paid by Tenant and all taxes due for the Land shall be shared by the Tenant and the Landlord based upon each party's proportionate share of the buildings Land. Utilities for the Premises included as part of operating expenses shall not include utility charges and HVAC beyond the hours of 8:00 AM to 6:00 PM, Monday - Friday, and 8:00 AM to 1:00 PM, Saturday. Any usage by Tenant of HVAC and utilities at times other than the aforesaid hours shall be at the sole cost and expense of Tenant. Landlord shall bill Tenant directly for all such actual costs as a separate item of Add▇▇▇▇nal Rent, and Tenant shall pay such amounts within fifteen days of receipt of demand for payment from Landlord, and the failure by Tenant to pay such costs in accordance with the Project, including demand made by Landlord shall be treated in the plumbing, heating, ventilating, airsame manner under this Lease as a non-conditioning payment of base rent by Tenant with Landlord being afforded the same rights and electrical systems installed or furnished by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used in maintenance;remedies for such non-payment.

Operating Expenses. Throughout all costs, charges and expenses incurred by the Term Landlord, without duplication, in connection with the operation, maintenance and repair of the Land and Building and by way of example only but without limiting the generality of the foregoing, shall include the following: heating, ventilating and air-conditioning costs, maintenance, repairs and replacements; management or administration fees and expenses (which fees shall be equal to five percent (5%) of the gross revenue derived by Landlord from the Land and Building); salaries, wages, medical, surgical, general welfare benefits (including group life insurance and pension payments), payroll taxes, workmen's compensation insurance contributions and unemployment insurance contributions for the employees of the Landlord (including the Building manager but excluding all executive personnel of the Landlord to the extent not specifically responsible for the administration of the Land and Building) engaged in the operation, administration, maintenance and repair of the Land and Building; security personnel and systems; electricity (except as charged separately to tenants), fuel, water (including sewer rental) and other utilities, taxes (excluding, to avoid duplication, Real Estate Taxes and Tax on Capital), licenses and fees; insurance costs, premiums and deductible payments in respect of fire, casualty, liability, property damage, boiler, loss of rental and such other form or forms of insurance relating to the Land and Building from time to time in effect; cleaning, supervision, maintenance, operation and repair costs, expenses and charges relating to the Land and Building (including, without limitation, the elevators, the garage and parking facilities, and other common areas and facilities) and the equipment, systems and fixtures therein and the making of all necessary repairs, modifications, renovations or replacements therein and thereto; building and cleaning supplies; equipment rental; depreciation of machinery, equipment, facilities and systems which by their nature require periodic replacement (to be amortised as required in the immediately following sentence of this Leaseparagraph 1.01(l)); cleaning of windows and exterior curtain walls; cleaning and maintenance of grounds (including snow removal), commencing on gardening and landscaping; garbage and waste collection and disposal; amounts payable pursuant to service contracts with independent contractors for maintenance, elevators, cleaning, refuse removal, security operations and repairs; expenditures relating to energy conservation measures or programs; legal and accounting fees and expenses incurred with respect to the Commencement Dateoperation of the Land and Building. Without limiting the generality of the foregoing, Tenant agrees Operating Expenses includes all capital expenditures relating to pay Landlord as additional rent the foregoing which in accordance with generally accepted accounting principles, shall be amortised on a straight-line basis over the terms useful life of this Paragraph 6the expenditure in question, Tenant's Share it being understood that only the amortised portion plus interest on the unamortised portion of the capital expenditure, at the lending rate actually charged or chargeable to Landlord from time to time by its lenders, will be included in Operating Expenses for each year. Operating Expenses shall not include: i) costs or expenses attributable to defects in the taxes original design or construction of the Building or of remedying construction inadequacies; ii) emphyteutic or other rent payable by Landlord under any emphyteutic lease or other lease of the Building and insurance the Land; iii) costs of advertising in respect of the Building; iv) charges for special services rendered or special materials furnished to other tenants of the Building in excess of those generally rendered or furnished to such tenants in general; v) costs and expenses incurred to alter the Building for the Project special benefit of particular tenants as opposed to the benefit of the tenants of the Building in general and all costs and expenses of installing partitions or other improvements for the operationpremises of particular tenants; vi) any amount paid by Landlord as a fine or penalty as a result of a breach of law by Landlord with respect to the Building or the Land (provided such breach was not caused by or contributed to by Tenant) or in satisfaction of any judgment or pursuant to any out of court settlement; vii) the cost of any renovations, maintenance, repair, and replacement improvements or betterments to the original structure of the Project including, without limitation: (iBuilding which are optional to Landlord; viii) any form depreciation of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond the Building or similar imposition on any original equipment or fixtures thereof; ix) costs incurred to enforce the leases of any kind or nature imposed by any authority having the direct power to tax, tenants including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereof; (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; (iii) water, sewer and other utility charges; (ivTenant; x) costs of insurance obtained obtaining any particular products or services in excess of what they would have been had the supplier thereof dealt with Landlord at arm's length; xi) the amount of any sales tax, goods and services tax, value added tax or other similar tax paid or payable by Landlord pursuant for the purchase of goods and services included in Operating Expenses which may be available to Paragraph 19 and claimed by Landlord as a credit in determining Landlord's net tax liability; xii) amounts payable by Landlord on account of financing or refinancing of the LeaseBuilding and Land, including payments of principal and interest in respect of such financing; xiii) any cost or expense incurred in connection with the leasing of space in the Building to any particular tenant, including brokers fees, commissions, legal fees and expenses, marketing costs, costs of remodelling space, any tenant inducements, rent-free periods and other leasing incentives, the cost of lease take-overs, the cost of market studies and any other fees and expenses of a similar nature; xiv) any reserve for bad debt or other loss of rentals; xv) the cost of acquisition of sculptures, paintings or other works of art; (vand xvi) waste disposal and janitorial services; (vi) security; (vii) labor; (viii) management costs includingunder reserve of Tenant's obligation to pay its contributions to Tax on Capital as defined in paragraph 1.01(t), without limitation: (A) wages and salaries (and payroll taxes and similar charges) of property management employeesLandlord's capital gains taxes, corporate income taxes, and (Bprofits or excess profits taxes. There shall be deducted from Operating Expenses the following items which would be included therein were it not for the inclusion of this sentence in this paragraph 1.01(I): xvii) management office rental, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance amounts recovered from tenants of the structural portions Building for which they are responsible as a result of any act, omission, default or negligence on their part; xviii) amounts recovered as insurance proceeds or which would have been recovered as such by Landlord had it not failed to comply with its insurance obligations; xix) recoveries by Landlord under warranties or guarantees relating to the construction of the buildings Building; and xx) revenues paid to Landlord in consideration of the use of the common areas and facilities contemplated in Clause 24.03, to the extent that such revenues do not exceed the aggregate of the costs, charges and expenses incurred by Landlord in connection with the Project, including the plumbing, heating, ventilating, air-conditioning such common areas and electrical systems installed or furnished by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used in maintenance;facilities.

Operating Expenses. Throughout the Term The term "Operating Expenses" shall include all reasonable expenses and costs of this Lease, commencing on the Commencement Date, Tenant agrees every kind and nature which Landlord shall pay or become obligated to pay Landlord as additional rent because of or in accordance connection with the terms ownership and operation of this Paragraph 6the Building, Tenant's Share of Common Areas and Premises, surrounding property and supporting facilities. Operating Expenses for the taxes and insurance for the Project and all costs and expenses of the operation, maintenance, repair, and replacement of the Project includingshall include, without limitation, the following: (i) any form of real property tax assessmentall impositions relating to the Building, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to taxCommon Areas and Premises, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereofthe Real Property Taxes (as defined in Subsection 5.e.); (ii) any premiums for insurance relating to the Building, Common Areas and all assessments under any covenants, conditions Premises as set forth in Subsections 14.b. 14.d. and restrictions affecting the Project14.i.; (iii) waterwages, sewer salaries and other utility chargesrelated expenses and benefits of all on-site and off-site employees engaged in operation, maintenance and security; (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 of the Leaseall supplies, materials and equipment rental used in operations; (v) waste disposal all maintenance, security and janitorial servicesservice costs; (vi) securitya management cost recovery; (vii) laborlegal and accounting expenses, including the cost of audits by certified public accountants; (viii) management costs includingrepairs, without limitation: replacements and general maintenance (A) wages and salaries (and payroll taxes and similar charges) excluding those paid for by proceeds of property management employeesinsurance or other parties, and (B) management office rental, supplies, equipment and related operating expenses and management feesalterations attributable solely to other tenants of the Building; (ix) suppliesall maintenance costs relating to the Building and Common Areas, materialsincluding sidewalks, equipment landscaping, service areas, mechanical rooms, parking areas, Building exterior and tools including rental of personal propertydriveways; (x) repair and maintenance amortization of the structural portions of capital improvements to the buildings with extent the Project, including capital improvements reduce other Operating Expenses or to the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished extent that they are required by Landlordgovernmental authorities; (xi) maintenanceall other operating, costs and upkeep of all parking management and other expenses incurred by Landlord in connection with operation of the Building and Common Areas; (xii) depreciation on a straight line basis all charges for heat, water, gas, electricity and rental of personal property other utilities used or consumed in maintenance;the Building and Common Areas, entranceways, sidewalks, etc. Janitorial expenses are not included in Operating Expenses, and Tenant shall be responsible for obtaining and maintaining janitorial services for the Premises, at Tenant's sole cost and expense.

Operating Expenses. Throughout the Term of this Lease, commencing on the Commencement Date, Tenant agrees to pay Landlord as additional rent in accordance with the terms of this Paragraph 6Section 4, Tenant's Share of Operating Expenses for the taxes and insurance for the Project Common Area and for all costs and expenses of for the operation, maintenance, repair, and replacement of the Project Common Area including, without limitation: (i) any form of real property tax tax, assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural agricultural, lighting, drainage or other improvement or special assessment district thereof; (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; (iii) water, sewer and other utility charges; (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 Section 21 of the this Lease; (v) waste disposal and janitorial services; (vi) security; (vii) labor; (viii) management costs including, without limitation: (A) wages and salaries (and payroll taxes and similar charges) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and a commercially reasonable management feesfee; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair maintenance, sweeping, repairs, resurfacing, re-striping and maintenance upkeep of any parking and any other paved surfaces included within the structural portions of the buildings with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by LandlordCommon Area; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation amortization on a straight line basis over the useful life [together with interest at the Interest Rate on the unamortized balance] of all capitalized expenditures which are: (A) reasonably intended to produce a reduction in operating charges or energy consumption; or (B) required under any governmental law or regulation that was not applicable to the Project at the time it was originally constructed; or (C) for replacement of any Project equipment needed to operate the ▇▇▇▇▇▇▇.▇▇ the same quality levels as prior to the replacement; (xii) gardening and rental landscaping; (xiii) maintenance of signs (other than signs of tenants of the Project); (xiv) personal property taxes levied on or attributable to personal property used in connection with the Common Areas; (xv) reasonable accounting, audit, verification, legal and other consulting fees; and (xvi) any other costs and expenses of repairs, maintenance;, painting, lighting, cleaning, and similar items, including appropriate reserves, applicable to the Common Area.

Operating Expenses. Throughout For the Term purposes of this Lease, commencing the term ------------------ "Operating Expenses" shall mean all expenses paid or incurred by Landlord (or on the Commencement Date, Tenant agrees Landlord's behalf) as reasonably determined by Landlord to pay Landlord as additional rent in accordance with the terms of this Paragraph 6, Tenant's Share of Operating Expenses be necessary or appropriate for the taxes efficient operation, maintenance and insurance for the Project and all costs and expenses repair of the operation, maintenance, repair, and replacement Land and/or Building including the common areas of the Project includingBuilding, including without limitation: (i) any form salaries, wages, medical, surgical, union and general welfare benefits (including, without limitation, group life insurance) and pension payments of real property tax assessmentemployees of Landlord engaged in the repair, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition operation and maintenance of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereofLand and/or Building; (ii) any payroll taxes, workers' compensation insurance, uniforms and all assessments under any covenants, conditions and restrictions affecting the Projectrelated expenses for employees; (iii) waterthe cost of all charges for gas, sewer steam, electricity, heat, ventilation, air- conditioning, water and other utility chargesutilities furnished to the Building, together with any taxes on such utilities; (iv) costs the cost of insurance obtained by Landlord pursuant to Paragraph 19 painting of the Leasepublic areas; (v) waste disposal the cost of all charges of insurance, including but not limited to all risk property insurance with rent loss coverage, liability and janitorial servicesfidelity insurance, with regard to the Land and/or Building and the maintenance and/or operation thereof; (vi) securitythe cost or rental of all supplies, including without limitation, cleaning supplies, light bulbs, tubes and ballasts, materials and equipment, and sales and other taxes thereon; (vii) laborthe cost of hand tools and other movable equipment used in the repair, maintenance or operation of the Building amortized over the useful life of such hand tools and movable equipment (as reasonably estimated by Landlord); (viii) management costs the cost of all charges for window and other cleaning and janitorial and security services; (ix) charges of independent contractors performing repairs or services to the Land and/or Building; (x) non- capital repairs; (xi) remodeling of the public and common areas of the Building including, without limitation: , repainting, replacement and repair of furnishings, fixtures, accessories, carpeting or other floor covering, wall and window coverings in the public and common areas, the cost of which shall be amortized (Awith interest at the rate of nine percent [9%] on the unamortized balance) wages and salaries (and payroll taxes and similar charges) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance over the useful life of the structural portions of the buildings with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished improvements as reasonably estimated by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used in maintenance;

Operating Expenses. Throughout the Term of this Lease, commencing on the Commencement Date, Tenant (a) ▇▇▇▇▇▇ agrees to pay Landlord upon demand during the term of the Lease and subject to the limitation as hereinafter set forth, as further additional rent in accordance with the terms rent, ▇▇▇▇▇▇'s Percentage Share of this Paragraph 6, Tenant's all Operating Expenses paid or incurred by Landlord. (b) Said Percentage Share of Operating Expenses shall be paid to Landlord, (a) upon presentation of invoice setting forth such share of Operating Expenses and/or (b) at the option of Landlord, paid to Landlord monthly, in advance, ▇▇▇▇▇▇'s share of an amount estimated by Landlord, which estimated amount shall be reconciled at the end of each calendar year as compared with ▇▇▇▇▇▇▇▇'s actual expenditure for Operating Expenses as provided in the taxes Addendum. (c) For purposes of this Section 5, "Operating Expenses" shall mean the total cost and insurance for expense incurred in operating and maintaining the Project and all costs and expenses of the operationProperty, maintenance, repair, and replacement of the Project including, without limitation: (a) all license, permit and inspection fees, (b) premiums for any insurance maintained by Landlord with respect to the Property including property damage, extended coverage, earthquake and flood insurance, and such other endorsements covering hazards normally insured by commercial property owners; (c) repairs; (d) line painting; (e) lighting; (f) signing; (g) sanitary control; (h) supplies; (i) any form removal of real property tax assessmenttrash, license feerubbish, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition garbage and other refuse; (j) security services; (k) reasonable reserves for replacements and repairs; (l) the cost of any kind capital improvement made to structures or nature imposed by any authority having added to the direct power common areas due to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereofgovernmental requirements amortized over a reasonable period with interest at ten percent(10%) per annum on the unamortized cost; (iim) any and all assessments under any covenants, conditions and restrictions affecting the Projectmanagement; (iiin) waterbookkeeping; and (o) the costs of personnel to implement such services and to direct parking and otherwise regulate, sewer maintain and other utility chargesrepair the building(s) and the common facilities; (ivp) costs utilities; (q) janitorial, heating, ventilating and air conditioning services; (r) increased interest expense caused by rate increases on Landlord's debt service; (s) wages, salaries, fringe benefits and payroll burden of insurance obtained by Landlord pursuant to Paragraph 19 of the Leaseemployees; (t) project office rent or rental value; (u) depreciation on personal property; (v) waste disposal and janitorial servicesthe cost of capital improvements to the Building or Common Areas anticipated to reduce other Operating Expenses; (vi) security; (vii) labor; (viii) management costs including, without limitation: (A) wages and salaries (and payroll taxes and similar charges) of property management employees, and (Bw) management office rentalgardening and landscaping. "Common Areas" shall mean all areas, suppliesspaces, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance special services provided by Landlord for common or joint use or benefit of the structural portions occupants of the buildings with the ProjectBuilding, their employees, agents and customers, including the plumbingwithout limitation, heatingparking areas, ventilatingdriveways, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenancelandscaped areas, costs and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used in maintenance;sidewalks, restrooms, retaining walls, etc.

Operating Expenses. As used in this Section 4.4, the term "BUILDING'S SHARE" shall mean a fraction, the numerator of which is the rentable square footage of the Building, and the denominator of which is the rentable square footage of the Project. Throughout the Term of this Lease, commencing on the Commencement Date, and in addition to Tenant's obligations set forth in Section 3.4 hereof, Tenant agrees to pay Landlord Landlord, as additional rent in accordance with the terms of this Paragraph 6Section 4, Tenantthe Building's Share of Operating Expenses for the taxes and insurance for the Project and all costs and expenses of the operation, maintenance, repair, and replacement of the Project and the Common Area including, without limitation: (i) any form of real property tax assessmenttax, assessment (including, without limitation, change in ownership taxes and assessments), license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural agricultural, lighting, drainage or other improvement or special assessment district thereof; (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; (iii) water, sewer and other utility chargescharges for the Common Area; (iv) costs of commercially reasonable insurance obtained by Landlord pursuant to Paragraph 19 of the LeaseLandlord; (v) waste disposal and janitorial services; (vi) securitysecurity (if any); (vii) labor; (viii) commercially reasonable management costs including, without limitation: (A) wages and salaries (and payroll taxes and similar chargescharges ) of property management employeesemployees for the Common Area, and (B) management office rental, supplies, equipment and related operating expenses for the Common Area; (C) commercially reasonable management/administrative fees; and management fees(D) association fees and assessments; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance of the structural portions of the buildings with within the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenance, costs sweeping, repairs, resurfacing, and upkeep of all parking and other Common Areas; (xii) depreciation amortization on a straight line basis over the useful life together with interest at the Interest Rate on the unamortized balance of all capitalized expenditures to the Project; (xiii) gardening and rental landscaping; (xiv) maintenance of signs (other than signs of tenants of the Project); (xv) personal property taxes levied on or attributable to personal property used in connection with the Common Areas; (xvi) reasonable accounting, audit, verification, legal and other consulting fees; and (xvii) any other costs and expenses of repairs, maintenance;, painting, lighting, cleaning, and similar items, including commercially reasonable reserves. Notwithstanding anything above to the contrary, the term "Operating Expenses" shall not include costs to correct latent defects in the base, shell and core of the Premises to the extent not caused by Tenant or Tenant's improvements to the Premises.

Operating Expenses. Throughout the Term of this Lease, commencing on the Commencement Date, Tenant agrees to shall also pay Landlord monthly in advance, without demand, offset, abatement or deduction, except as set forth herein, as additional rent in accordance with during the terms of this Paragraph 6Lease Term, Tenant's Proportionate Share of Operating Expenses for all costs which Landlord may incur in owning, maintaining, operating, repairing and replacing the taxes and insurance for the Project building(s), Common Areas and all other improvements within the Project. All such costs are referred to herein as "Operating Expenses" and expenses of the operation, maintenance, repair, and replacement of the Project includingare hereby defined to include, without limitation, the following: (ia) any form of real property tax assessmentmaintenance, license feeoperational, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereofrepair and replacement costs; (iib) any electricity, fuel, water, sewer, gas and all assessments under any covenants, conditions and restrictions affecting other common utility charges for the Project; (iiic) waterequipment used to perform maintenance, sewer and other utility chargesoperation, repair or replacement work for the Project; (ivd) costs of insurance obtained by Landlord pursuant to Paragraph 19 of the Lease; (v) waste disposal exterior window washing and janitorial services; (vie) securitydebris, snow and ice removal; (viif) laborlandscaping; (viiig) management costs including, without limitation: fees (Anot to exceed 4% of gross Rent); (h) wages and salaries benefits payable to employees of Landlord employed to perform maintenance, operation, repair or replacement work for the Project; (i) all services, supplies, repairs, replacements or other expenses for maintaining, operating, repairing or replacing the Project; (j) improvements made to the Project which are required under any governmental law or regulation that was not applicable to the Project at the time it was constructed; (k) installation of any device or other equipment which improves the operating efficiency of any system within the Premises or the Project and thereby reduces Operating Expenses; (l) all real property taxes and installments of special assessments due and payable during the term of the Lease, including dues and assessments by means of covenants, conditions, easements or restrictions of record and/or owners' associations which accrue against the Project during the term of this Lease and legal fees incurred in connection with actions to reduce the same (excluding any special assessments relating to the initial construction of the Project); (m) all insurance premiums Landlord is required to pay, including without limitation, fire and extended coverage, commercial general liability insurance, rent loss insurance and other insurance reasonably required by Landlord with respect to the Project (and payroll taxes all costs borne by Landlord in repairing damage caused by risks which, though insured under such insurance policies, are not covered due to "deductible" provisions therein); (n) maintenance, repair and similar chargestesting of fire sprinkler systems; (o) the yearly amortization of property management employeesmajor non-recurring capital expenditures, costs and repairs which shall be amortized over the useful life of the expenditure, cost or repair as determined by Landlord, and (Bp) management office rentalall other expenses which would generally be regarded as operating, suppliesrepair, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair replacement and maintenance of expenses or Common Area expenses. Notwithstanding the structural portions of above, Operating Expenses shall not include the buildings with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used in maintenance;following expenses:

Operating Expenses. Throughout Tenant shall also pay Landlord monthly in advance, without demand, offset, abatement or deduction, as Additional Rent during the Term Lease Term, Tenant’s Proportionate Share of all costs which Landlord may incur in owning, maintaining, operating, and repairing (including replacements when repairs are not economically prudent in Landlord’s reasonable discretion) the Building, Common Areas and all other improvements within the Project. All such costs are referred to herein as “Operating Expenses” and are hereby defined to include, without limitation, the following: (a) costs (including without limitation, sales and service taxes) incurred by Landlord in the management of the Project and fulfillment of its obligations under Section 12.B of this Lease; (b) utility charges for Common Areas of the Project and water, commencing sewer and any other utility charges not separately metered to a particular tenant in the Building as provided in Section 8 of this Lease; (c) exterior window washing services (if provided); (d) debris, snow and ice removal; (e) parking lot sweeping, patching and sealcoating; (f) maintenance, repair and replacement of landscaping, irrigation systems and retaining walls; (g) management fees; (h) wages and benefits payable to employees of Landlord below the level of corporate property manager employed to perform maintenance, operation, repair or replacement work for the Project; (i) all services, tools, equipment, and supplies used for maintaining, operating, repairing or replacing the Project; (j) all real property taxes, installments of special assessments and governmental impositions of any kind whatsoever imposed upon Landlord by reason of its ownership, operation or management of the Premises, including without limitation any administrative fees incurred in connection with property tax appeals equal to no greater than thirty percent (30%) of any property tax savings plus any filing fees, service fees, appraisal fees and expert witness fees; (k) dues and assessments by means of covenants, conditions, easements or restrictions of record and/or owners’ associations if any, which accrue against the Project during the term of this Lease; (l) all premiums, deductibles, retentions, commissions, service fees and administrative fees for insurance coverages Landlord is required to carry pursuant to Section 12.C of this Lease or by its lender, or that Landlord otherwise deems reasonably necessary to carry, including without limitation, property insurance, commercial general liability insurance, and rent loss insurance; (m) maintenance, repair, monitoring and testing of fire sprinkler systems, storm sewer ponds, wetlands and ground water; (n) the yearly amortization of major non-recurring capital expenditures, costs, repairs, and replacements (including without limitation, improvements Landlord is required to make to the Project pursuant to this Lease, if any, to comply with applicable laws, and installation of any device or equipment which improves the operating efficiency of any system within the Premises or the Project) which shall be amortized over the useful life of the improvement and at an interest rate as reasonably determined by Landlord; and (o) all other expenses which would generally be regarded as operating, repair, replacement and maintenance expenses or Common Area expenses for which Landlord is responsible pursuant to the terms of leases at the Project. The foregoing notwithstanding, Operating Expenses shall not include: (1) costs for any employees above the rank of building manager; (2) leasing commissions and marketing costs related to leasing or releasing of the Project; (3) payments of principal, interest, financing or refinancing costs on debt or amortization payments on any mortgage or underlying ground lease encumbering the Project; (4) Landlord’s franchise or income taxes; (5) depreciation; (6) bad debts, rent loss or reserves for bad debts or rent loss; (7) repairing or replacing any damage caused by condemnation; (8) costs reimbursed to Landlord from insurance proceeds or third parties; (9) costs to correct violation of law applicable to the Premises, the Building or the Project on the Commencement Date, Tenant agrees to pay Landlord as additional rent ; (10) insurance costs for coverage not customarily paid by Tenants of similar projects in accordance with the terms of this Paragraph 6, Tenant's Share of Operating Expenses for the taxes and insurance for the Project and all costs and expenses vicinity of the operationPremises, maintenanceearthquake insurance premiums, repair, and replacement increases in insurance costs caused by the activities of the Project including, without limitation: (i) any form another occupant of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereof; (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; (11) costs incurred in connection with the presence of any Hazardous Material, except to the extent caused by the release or emission of the Hazardous Material in question by Tenant; (12) expense reserves; (13) capital improvement and replacement costs, except to the extent amortized over the useful life of the capital item in question; (14) costs for services not provided to Tenant under this Lease; (15) profit or compensation paid or retained by Landlord or its affiliates for management and administration of the Project in excess of 4% of gross Rent; and (16) any portion of any tax or assessment expense or any increase (i) levied on Landlord’s rental income, unless such tax or assessment is imposed in lieu of real property taxes, (ii) in excess of the amount which would be payable if such tax or assessment expense were paid in installments over the longest permitted term, (iii) waterimposed on land and improvements other than the Project, sewer and other utility charges; (iv) costs of insurance obtained by Landlord pursuant attributable to Paragraph 19 of the Lease; Landlord’s net income, inheritance, gift, transfer, estate or state taxes, or (v) waste disposal and janitorial services; (vi) security; (vii) labor; (viii) management costs including, without limitation: (A) wages and salaries (and payroll taxes and similar charges) resulting from a transfer of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance improvements of the structural portions Project for the sole use of the buildings with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used in maintenance;occupants.

Operating Expenses. Throughout The total cost of operation of the Term Property, including, without limitation, (1) premiums and deductibles for insurance carried with respect to the Property; (2) all reasonable costs of this Leasesupplies, commencing on the Commencement Datematerials, Tenant agrees equipment, and utilities used in or related to pay Landlord as additional rent in accordance with the terms of this Paragraph 6, Tenant's Share of Operating Expenses for the taxes and insurance for the Project and all costs and expenses of the operation, maintenance, repairand repair of the Property or any part thereof (including utilities, unless the cost of any utilities is to be paid for separately by Tenant pursuant to Paragraph 6.1(b)); (3) all reasonable labor costs, including without limitation, salaries, wages, payroll and other taxes, unemployment insurance costs, and replacement employee benefits excluding executives, directors, officers or partners of Landlord; (4) all maintenance, management fees (not to exceed five percent (5%) of the Project gross rents of the Building), janitorial, inspection, legal, accounting, and service agreement costs related to the operation, maintenance, and repair of the Property or any part thereof, including, without limitation: (i) any form , service contracts with independent contractors. Any of real property tax assessmentthe above services may be performed by Landlord or its affiliates, license feeprovided that fees for the performance of such services shall be reasonable and competitive with fees charged by unaffiliated entities for the performance of such services in comparable buildings in the area. Operating Expenses shall not include Taxes, license tax, business license fee, commercial rental tax, levy, charge, improvement bond leasing commissions; all costs relating to activities for the solicitation and execution of leases in the Building; the costs of correcting defects in the construction of the Building or similar imposition equipment; the costs of any kind repair made by Landlord due to partial or nature imposed total destruction or condemnation of the Building; repair costs paid by insurance proceeds or by any authority having tenant or third party; the direct power initial construction cost of the Building or any depreciation thereof; any debt service or costs related to taxsale or financing of the Property; any capital expenses, including any cityexcept those which normally would be regarded as operating, county, state or federal governmentmaintenance, or repair costs; tenant improvements provided for any schooltenant; or any special services rendered to tenants (including Tenant) for which a separate charge is made; depreciation on equipment; the cost of any removal, agricultural lighting, drainage treatment or remediation of asbestos or any other hazardous substance or gas in the Building caused by Landlord or other improvement tenant; the cost of overtime or special assessment district thereofother expenses Landlord incurs in curing its defaults or performing work expressly provided for in this Lease to be paid by Landlord. Increases for Controllable Operating Expenses defined as janitorial service; (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; (iii) water, sewer and other utility charges; (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 of the Lease; (v) waste disposal and janitorial services; (vi) security; (vii) labor; (viii) management costs including, without limitation: (A) wages and salaries (and payroll taxes and similar charges) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management fees, lawn and sprinkler maintenance; parking lot cleaning; interior plant management; window cleaning; signs, day ▇▇▇▇▇▇; security costs; fire equipment service and maintenance; phone/alarm; exterminating; uniforms; and on-site office expenses; shall be capped annually at no more than five percent (ix5%) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance of the structural portions of the buildings with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used in maintenance;per annum.

Operating Expenses. Throughout the Term of this Lease, commencing Commencing on the Commencement DateDate and continuing throughout the Term, Tenant agrees to pay Landlord as additional rent in accordance with the terms of this Paragraph 6Section 4, Tenant's Share of Operating Expenses for the taxes and insurance for the Project and all costs and expenses of for the operation, maintenance, repair, and replacement of the Project including, without limitationCommon Area ("OPERATING EXPENSES") which shall include but not be limited to the following items: (i) except as specifically provided in Section 10.1 below, any form of real property tax Real Property Tax, assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural agricultural, lighting, drainage or other improvement or special assessment district thereofthereof (provided, however, that Operating Expenses shall not include the cost of any bonds posted as security for any improvements nor shall Operating Expenses include any fees paid in connection with the initial development of the Project); (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; (iii) water, sewer and other utility charges; (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 of the LeaseLandlord; (v) waste disposal services for the Common Areas only (it being acknowledged by Landlord that Tenant will contract directly for the removal of trash and janitorial servicesrubbish from the Buildings); (vi) security, if Landlord elects to provide security services; (vii) labor; (viii) management costs including, without limitation: (A) wages and salaries (and payroll taxes and similar charges) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management commercially reasonable management/administrative fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance of the structural portions of the buildings with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenance, costs sweeping, repairs, resurfacing, and upkeep of all parking and other Common Areas; (xii) depreciation amortization on a straight line basis over the useful life (together with interest at the lesser of Landlord's actual market cost of capital or the Interest Rate on the unamortized balance) of all capitalized expenditures which are: (A) reasonably intended to produce a reduction in operating charges or energy consumption; or (B) required under any governmental law or regulation that was not applicable to the Common Area at the time it was originally constructed; or (C) for replacement or restoration of any Common Area equipment and/or improvements needed to operate and/or maintain the Common Area at the same quality levels as prior to the replacement or restoration; (xiii) gardening and rental landscaping; (xiv) maintenance of signs (other than signs of tenants of the Project); (xv) personal property taxes levied on or attributable to personal property used in connection with the Common Areas; (xvi) reasonable accounting, management, audit, verification, legal, owners' association and other consulting fees; and (xvii) any other actual and documented costs and expenses of repairs, maintenance, painting, lighting, cleaning, and similar items. Notwithstanding anything to the contrary contained herein, the following shall not be included in Common Area Operating Expenses: (1) costs incurred due to Landlord's violation of any terms or conditions of this Lease or any other lease relating to the Project; (2) damage and repairs attributable to fire or other casualty insurable under a standard form of "all-risk" property insurance on the Premises or Project; (3) damage and repairs covered under any other insurance policy carried by Landlord in connection with the Project, to the extent that Tenant's insurance is not the primary coverage therefore; (4) uninsured damage and repairs caused solely by the negligence or willful misconduct of Landlord, its partners, employees, agents, contractors or invitees; (5) reserves for the repair, replacement or improvement of the Premises or Project;

Operating Expenses. Throughout Tenant shall pay any and all Operating Expenses related to the Term Premises. "Operating Expenses" shall include all costs and expenses incurred by Landlord in owning, operating, managing and repairing the Building and the Land, including, but not limited to, all costs and expenses of: (i) Landlord's Insurance, whether or not required by any Landlord's Lender; (ii) pest control, cleaning of exterior windows, cleaning, sweeping, striping, painting, resurfacing, repaving, disposing of refuse, inspecting, planting and landscaping for the Premises; (iii) providing janitorial services for the Premises; (iv) providing security, including but not limited to, electronic intrusion and fire control devices, card key access systems, guards and any attendant costs of such guards and telephonic alert system devices; (v) complying with all Rules and Regulations, as defined in Section 7.2 hereof, and ----------- any requirements of Landlord's Lender, including but not limited to, improvements or changes required by any current or future Regulations or Landlord's Lender; (vi) fees for permits and licenses; (vii) court costs; (viii) replacing, repairing and maintaining foundations, floors, carpeting, walls, hallways, roofs, stairways, signage for the Building, gutters, downspouts, building service, electrical, mechanical, plumbing, heating, air conditioning and ventilating equipment and systems, sidewalks, landscaping, drainage, equipment, fixtures, including all labor and materials costs and equipment rental fees, and any other capital improvements; (ix) utilities furnished to the Premises, including air conditioning, electricity, lighting, steam, heating, mechanical, elevator service (if any), and ventilation; (x) capital improvement and operating and expense reserves if Tenant fails to maintain the Premises pursuant to the terms of this Lease; and (xi) any other expenses of any kind whatsoever which would reasonably or customarily be included in managing, operating, maintaining and repairing office buildings in the location in which the Building is situated. If Tenant fails to maintain the Premises pursuant to the terms of this Lease, commencing Landlord may establish reasonable reserves for maintaining the Building and on the Commencement DateLand, Tenant agrees to pay Landlord as additional rent in accordance with the terms of this Paragraph 6, Tenant's Share of Operating Expenses and for the taxes and insurance for the Project and all costs and expenses of the operation, maintenance, repair, repair and replacement of improvements in the Project includingBuilding and the Land and may include the reserves as Operating Expenses, without limitation: (i) provided that when the reserves are actually used, the expenditure of the reserves shall not be considered Operating Expenses. With respect to any form of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereof; (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; (iii) water, sewer and other utility charges; (iv) costs of insurance obtained Operating Expenses paid directly by Landlord pursuant and reimbursable to Paragraph 19 of Landlord by Tenant, Tenant shall have the Lease; right to review such Operating Expenses within twenty (v20) waste disposal and janitorial services; (vi) security; (vii) labor; (viii) management costs including, without limitation: (A) wages and salaries (and payroll taxes and similar charges) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance of the structural portions of the buildings with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used in maintenance;days

Operating Expenses. Throughout the Term of this Lease, commencing on the Commencement Date, Tenant agrees to pay Landlord as additional rent in accordance with the terms of this Paragraph 6Section 4, Tenant's ’s Share of Operating Expenses for the taxes and insurance for the Project and for all costs and expenses of for the operation, maintenance, repair, and replacement of the Project including, without limitation: (i) any form of real property tax tax, assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural agricultural, lighting, drainage or other improvement or special assessment district thereof; (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; (iii) water, sewer and other utility charges; (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 Section 21 of the this Lease; (v) waste disposal and janitorial services; (vi) security; (vii) labor; (viii) management costs including, without limitation: (A) wages and salaries (and payroll taxes and similar charges) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management commercially reasonable management/administrative fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance of the structural portions of the buildings with within the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenance, costs sweeping, repairs, resurfacing, and upkeep of all parking and other Common Areas; (xii) depreciation amortization on a straight line basis over the useful life [together with Interest at the Interest Rate on the unamortized balance] of all capitalized expenditures which are: (A) reasonably intended to produce a reduction in operating charges or energy consumption; or (B) required under any governmental law or regulation that was not applicable to the Project as of the Commencement Date (however, if such expenditure by Landlord is required solely due to Tenant’s particular use, occupancy or alteration of the Premises, then regardless of when such law or regulation became in effect, Tenant shall be responsible for all of such expenditure); or (C) for replacement or restoration of any Project equipment and/or Improvements needed to operate and/or maintain the Project at the same quality levels as prior to the replacement or restoration; (xiii) gardening and rental landscaping; (xiv) maintenance of signs (other than signs of tenants of the Project); (xv) personal property taxes levied on or attributable to personal property used in connection with the Common Areas; (xvi) reasonable accounting, audit, verification, legal and other consulting fees; and (xvii) any other costs and expenses of repairs, maintenance, painting, lighting, cleaning, and similar items, including appropriate reserves. Notwithstanding anything to the contrary in the definition of Operating Expenses set forth in this Lease, Operating Expenses shall not include the following: (a) depreciation on the Building and Project; (b) interest, principal, points and fees on debt or amortization on any mortgages and deeds of trust or other debt instruments secured by the Building or the Project or any underlying ground lease; (c) costs of repairs and general maintenance paid from insurance proceeds but excluding the amount of any deductibles paid by Landlord; (d) repairs and replacements covered by warranties or guaranties (to the extent actually collected by Landlord); and the cost of any repairs, alterations and additions made to rectify or correct any major defects or significant design errors relating to the initial design or construction of the Building and Project; (e) costs of items considered capital repairs, replacements, improvements and equipment under generally accepted accounting principles consistently applied except for those items expressly permitted in clause (xii) above; (f) costs of special services rendered to individual tenants (including Tenant) for which a special charge is made to the tenant(s) receiving such special services; (g) costs of improvements for other tenants in the Building or Project; (h) costs of the Landlord for which a tenant is obligated to separately reimburse Landlord (as opposed to reimbursement of a pro rata share thereof as an Operating Expense), including, for example, taxes and property insurance premiums on improvements for tenants of the Building and Project that are above the building standard; (i) costs incurred by Landlord in connection with the enforcement of the terms and conditions of any lease in the Building or Project; (j) all costs, expenses, penalties, damages, fines and judgments from any investigation, site monitoring, containment, cleanup, removal, restoration or other remedial work of any kind or nature required under any local, state or federal law or regulation, any judicial order, or by any governmental or nongovernmental entity or person as a result of or in connection with any Hazardous Material or Hazardous Materials contamination; (k) Landlord’s general corporate overhead and general and administrative expenses; (l) Marketing costs, including, without limitation, leasing commissions, attorneys’ fees, space planning costs and other costs and expenses incurred in connection with the leasing of the Building or Project; and (m) Overhead and profit increment paid to Landlord and Landlord’s subsidiaries for goods and/or services in or to the Building or Project to the extent the same exceeds the costs of such goods and/or services rendered by unaffiliated third parties on a competitive basis.

Operating Expenses. Throughout Subject to the Term Excluded Costs (as defined below) relating to the Project, the term “Operating Expenses” means all expenses, costs, and amounts of this Lease, commencing on the Commencement Date, Tenant agrees to pay every kind or nature that Landlord as additional rent pays or incurs because of or in accordance connection with the terms ownership, operation, management, maintenance, or repair of this Paragraph 6the Building, Tenant's Share of Common Areasand Project. Operating Expenses for include, without limitation, the taxes following amounts paid or incurred by Landlord relative to the Building, Common Areas and insurance for Project: (a) the cost of supplying utilities to all portions of the Project (other than tenant suites), including without limitation water, waste deposit, power, electricity, heating, ventilation, and air conditioning, (b) Tax Expenses and Insurance Expenses (as such terms are defined below), (c) the cost of providing janitorial services, window washing service and of operating, managing, maintaining, and repairing all building systems, including without limitation utility, mechanical, sanitary, storm drainage, and elevator systems, and the cost of supplies, tools, and equipment, as well as maintenance and service contracts in connection with those systems, (d) the cost of licenses, certificates, permits, and inspections relating to the operation of the Project, (e) the cost of consumable materials, contesting the validity or applicability of any government enactments that may affect the Operating Expenses, (f) the cost of maintenance, repair, and restoration of any parking areas or structures, including, without limitation, resurfacing, repainting, restriping, and cleaning costs, (g) fees, charges, and other costs, including administrative, management fees and accounting costs (or amounts in lieu of such fees), whether paid to Landlord, an affiliate of Landlord's, or a third party, consulting fees, legal fees, and expenses accounting fees of all persons engaged by Landlord or otherwise reasonably incurred by Landlord in connection with the operation, management, maintenance, and repair of the Project, (h) wages, salaries, and other compensation and benefits of all persons engaged in the operation, maintenance, repair, and replacement or security of the Project plus employer’s Social Security taxes, unemployment taxes, insurance, and any other taxes imposed on Landlord that may be levied on those wages, salaries, and other compensation and benefits. If any of Landlord’s employees provide services for more than one project of Landlord's, only the prorated portion of those employees’ wages, salaries, other compensation and benefits, and taxes reflecting the percentage of their working time devoted to the Project will be included in the Operating Expenses, (i) payments under any easement, CC&R's, license, operating agreement, declaration, restrictive covenant, or other instrument relating to the sharing of costs affecting the Project, (j) amortization (including interest on the unamortized cost at a rate equal to the floating commercial loan rate announced from time to time by Bank of America as its “reference rate” (or a comparable rate selected by Landlord if such reference rate ceases to be published) plus three percentage points per annum) of the cost of acquiring or renting personal property used in the maintenance, repair, and operation of the Project, (k) reasonable reserves (it being acknowledged, that, among other amounts, any amount of reserves required by a Lender, as defined below, will be deemed reasonable), (l) fees and expenses for consultants retained, from time to time, by Landlord for the purposes of energy conservation, waste treatment, and water recycling and for the costs of any capital improvements, equipment or devices installed or paid for by Landlord or, at Landlord option, an annual amount sufficient, on the basis of Landlord's experience or reasonable estimate, to establish in advance of the time for such installation a reserve to fund said costs, in order (i) to conform with any change in laws, rules, regulations or requirements of any governmental or quasi-governmental authority having jurisdiction or of the board of fire underwriters or similar insurance body or, (ii) to effect a labor saving, energy saving, or other economy (including, without limitation: (i) any form , as related to water recycling, waste treatment, and energy generation), amortized over the useful life of real property tax assessmentsuch capital improvement, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal governmentequipment, or any school, agricultural lighting, drainage or other improvement or special assessment district thereof; device (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; (iii) water, sewer and other utility charges; (iv) costs of insurance obtained as reasonably determined by Landlord pursuant to Paragraph 19 of the Lease; (v) waste disposal and janitorial services; (vi) security; (vii) labor; (viii) management costs including, without limitation: (A) wages and salaries (and payroll taxes and similar charges) of property management employeesLandlord), and (Bm) management office rental, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental the cost of personal property; (x) repair and maintenance of the structural portions of the buildings with the Project, including the plumbing, all heating, ventilatingventilating and air condition systems relating to individual premises and/or the Common Areas, air-conditioning and electrical other than HVAC systems installed exclusively serving other tenants’ premises that are directly paid for, or furnished reimbursed, by such other tenants. All capital expenditures shall be amortized (including interest on the unamortized cost at the rate stated in subparagraph (j) of this Paragraph) over their useful life, as reasonably determined by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used in maintenance;’s certified public accountant.

Operating Expenses. Throughout the Term of this Lease, commencing on the Commencement Date, Tenant agrees to pay Landlord as additional rent in accordance with the terms of this Paragraph 6Section 4, Tenant's Share of Operating Expenses for Expenses. As used in this Lease, the taxes and insurance for the Project and term "Operating Expenses" shall consist of all costs and expenses of reasonably incurred by Landlord for the ownership, operation, maintenance, repair, repair and replacement of the Project including, without Project. Operating Expenses shall include the following costs by way of illustration but not limitation: : (i) Real Property Taxes (but excluding any form increases to Real Property Taxes resulting from any improvements to the Project constructed for the sole benefit of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereofanother tenant); (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; (iii) water, sewer and other utility chargescharges on account of the Common Area; (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 Section 21 of this Lease (excluding any earthquake, flood, terrorism, rental loss in excess of six (6) months, business interruption, or any other extraordinary insurance coverage, except to the Leaseextent that such insurance is reasonably required by Landlord's lender); (v) waste disposal and janitorial servicesservices for the Common Area; (vi) security; (vii) labor; (viii) management costs fees and costs, including, without limitation: (A) wages wages, salaries, pension payments, fringe benefits, uniforms and salaries dry-cleaning thereof (and payroll taxes taxes, insurance and similar charges) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and (C) management/administrative fees, provided that the sum of all such management feesfees and costs under this item (viii) may not exceed 3% of Basic Rent from the Project; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance of the structural all common portions of the buildings with within the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by LandlordLandlord as well as the HVAC equipment installed as part of the Tenant Improvements; (xi) maintenance, costs sweeping, repairs, resurfacing, and upkeep of all parking and other Common Areas; (xii) depreciation amortization on a straight line basis over the useful life (together with interest at the annual rate of six percent on the unamortized balance) of all capitalized expenditures which are: (A) reasonably intended to produce a reduction in operating charges or energy consumption (but only to the extent of such reduction); (B) required under any governmental law or regulation that was not applicable to the Project as of the date of this Lease; or (C) for replacement or restoration of any Project equipment and/or improvements needed to operate and/or maintain the Project at the same quality levels as prior to the replacement or restoration; (xiii) gardening and rental landscaping; (xiv) maintenance of signs (other than signs of tenants of the Project); and (xv) personal property taxes levied on or attributable to Landlord’s personal property used exclusively in maintenance;connection with the Common Areas (or, if not used exclusively, then a prorata share of such taxes based upon the ratio that at the time such personal property is devoted to the Common Area bears to the total amount of time such personal property is used). Notwithstanding the forgoing, the amount of any charges for any services provided by affiliates, related or designated parties of Landlord that are included in Operating Expenses, must be reasonable, customary and competitive with charges for similar services of independent contractors in the area where the Project is located. Notwithstanding any implication to the contrary, Operating Expenses will not include any of the following: (a) legal fees, brokerage commissions, advertising costs or related expenses in connection with the sale, financing or development of any portion of the Project or the leasing of other premises within the Project; (b) costs incurred in connection with damage or repairs that are covered under any insurance policy carried or required to be carried by Landlord in connection with the Project; (c) expenses for repair or replacement paid by condemnation awards; (d) costs associated with damage or repairs to the Project necessitated by the negligence or misconduct of Landlord or Landlord’s employees, agents, invitees, or contractors; (e) reserves or any kind; (f) salaries or overhead expenses of Landlord or any of its affiliates (other than the management fees and costs permitted in clause (viii) above); (g) any principal, interest, loan fees, or other carrying costs related to any mortgage or deed of trust encumbering the Project or Premises and all rental and other payment due under any ground or underlying lease; (h) legal fees, accountant fees and other expenses incurred in disputes regarding or associated with the Project, including enforcement or defense of Landlord’s title to or interest in the Project or any part thereof or with respect to disputes with other tenants of the Project; (i) any fines, late charges, penalties or other similar costs incurred due to violations by Landlord of any governmental rule or authority, this Lease or any other lease, or due to Landlord’s negligence or misconduct; (j) costs incurred to comply with laws relating to Hazardous Materials or to remove, remedy, contain, or treat such Hazardous Materials, to the extent such Hazardous Materials are (i) in existence as of the Commencement Date in violation of then existing Environmental Law or (ii) introduced after the Commencement Date by Landlord or Landlord's employees, agents, contractors, invitees or other tenants in violation of Environmental Law in effect as of the date of introduction and (k) the Landlord’s Work.

Operating Expenses. As used in this Section 4 4, the term “Building’s Share” shall mean a fraction, the numerator of which is the rentable square footage of the Building, and the denominator of which is the rentable square footage of the Project Throughout the Term of this Lease, commencing on the Commencement Date, and in addition to Tenant’s obligations set forth in Section 3 4 hereof, Tenant agrees to pay Landlord Landlord, as additional rent in accordance with the terms of this Paragraph 6Section 4, Tenant's the Building’s Share of Operating Expenses for the taxes and insurance for the Project and all costs and expenses of the operation, maintenance, repair, and replacement of the Project and the Common Area including, without limitation: (i) any form of real property tax assessmenttax, assessment (including, without limitation, change in ownership taxes and assessments), license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural agricultural, lighting, drainage or other improvement or special assessment district thereof; , (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; , (iii) water, sewer and other utility charges; charges for the Common Area, (iv) costs of commercially reasonable insurance obtained by Landlord pursuant to Paragraph 19 of the Lease; landlord, (v) waste disposal and janitorial services; , (vi) security; security (if any), (vii) labor; , (viii) commercially reasonable management costs including, without limitation: limitation (A) wages and salaries (and payroll taxes and similar charges) of property management employeesemployees for the Common Area, and (B) management office rental, supplies, equipment and related operating expenses for the Common Area, (C) commercially reasonable management/administrative fees, and management fees; (D) association fees and assessments, (ix) supplies, materials, equipment and tools including rental of personal property; , (x) repair and maintenance of the structural portions of the buildings with within the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenance, costs sweeping, repairs, resurfacing, and upkeep of all parking parting and other Common Areas; (xii) depreciation amortization on a straight line basis over the useful life together with interest at the Interest Rate on the unamortized balance of all capitalized expenditures to the Project, (xiii) gardening and rental landscaping, (xiv) maintenance of signs (other than signs of tenants of the Project), (xv) personal property taxes levied on or attributable to personal property used in connection with the Common Areas; (xvi) reasonable accounting, audit, verification, legal and other consulting fees, and (xvii) any other costs and expenses of repairs, maintenance;, painting, fighting, cleaning, and similar items, including commercially reasonable reserves. Notwithstanding anything above to the contrary, the term “Operating Expenses” shall not include costs to correct latent defects in the base, shell and core of the Premises to the extent not caused by Tenant or Tenant’s Improvements to the Premises.

Operating Expenses. Throughout Tenant shall pay to Landlord in each year or part year of the Term a Proportionate Share of this Leasethe amount by which the Operating Expenses (defined below) for each such year exceed the Base Operating Expenses (defined below). “Operating Expenses” shall mean all expenses, commencing on the Commencement Date, Tenant agrees to pay Landlord as additional rent costs and disbursements of every kind and nature incurred in accordance connection with the terms of this Paragraph 6ownership, Tenant's Share of Operating Expenses for the taxes and insurance for the Project and all costs and expenses of the operationmanagement, maintenance, repair, repair and replacement operation of the Project includingBuilding and Property, without limitationincluding but not limited to the following: (i1) any form cost of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereof; (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; (iii) water, sewer and other utility charges; (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 of the Lease; (v) waste disposal and janitorial services; (vi) security; (vii) labor; (viii) management costs including, without limitation: (A) wages and salaries (and payroll taxes and similar charges) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair all employees engaged in the operation and maintenance of the structural Building and surrounding grounds and common areas, including but not limited to payroll taxes, insurance and benefits (all adjusted and prorated equitably with respect to employees which also provide services to other buildings); (2) cost of all supplies and materials used in the operation, maintenance and repair of the Building and all other portions of the buildings with the ProjectProperty; (3) cost of all utilities (including surcharges but excluding late fees), including but not limited to water, sewer, electricity and gas for both the plumbingrentable space and the common areas of the Building, heatingand including all costs of repairing, ventilatingreplacing, air-conditioning improving and electrical systems installed or furnished by Landlordaltering utility systems, lines and equipment at the Premises, Building and Property; (xi4) costs incurred under all maintenance and service agreements for the Building, including but not limited to access control, energy management services, window cleaning, elevator maintenance, costs janitorial service and upkeep landscaping; (5) cost of insurance relating to all of such property, including but not limited to the cost of casualty and liability insurance; (6) cost of non-capital repairs and general maintenance to the Building; (7) all property management fees and expenses or, in lieu thereof (at the discretion of Landlord), an administrative charge of 10% of all parking and other Common AreasOperating Expenses; (xii8) cost of audit and accounting services; (9) depreciation the costs of any improvements required or made necessary by law or changes in law; (10) cost of any capital improvements made to the Building that, in Landlord’s reasonable judgment, will reduce other operating expenses or increase energy efficiency, provided such costs are amortized in accordance with generally accepted accounting principles (“GAAP”) at such rates as may have been paid by Landlord on a straight line basis funds borrowed for the purpose of constructing such capital improvements or, if no such funds were borrowed, at such reasonable rates as are not in conflict with GAAP; and rental (11) cost of personal property used any licenses or permits required by any public authority. For purposes of this provision, Operating Expenses shall not include (a) the cost of capital improvements (except as expressly provided above), (b) the costs of tenant improvements within tenant spaces, (c) ground rent or debt service, or (d) depreciation. The “Base Operating Expenses” shall be the Operating Expenses allocable to the calendar year 2005. Tenant shall not be entitled to any credit or rebate in maintenance;the event Operating Expenses in any one year during the Term are lower than the Base Operating Expenses.

Operating Expenses. Throughout Landlord shall promptly perform all maintenance and repairs upon the common areas, including, without limitation, all landscaped areas, parking areas and structures, paved areas, sidewalks and drives at or serving the Building or the Property, except to the extent expressly made the responsibility of Tenant under this Lease Agreement. During the Term of this Lease, commencing on the Commencement DateLease Agreement and any renewals or extensions thereof, Tenant agrees to shall pay Landlord as additional rent in accordance with its pro rata share of the terms of this Paragraph 6, Tenant's Share of Operating Expenses for incurred by Landlord in owning, operating, managing, maintaining, repairing, replacing and insuring the taxes Building, the Parking Areas and insurance for the Project and all costs and expenses other common areas of the Building, and the parcel(s) of land on which they are located. The term “Operating Expenses” herein shall include, but not be limited to: (a) all payments by Landlord for maintenance, operation, maintenance, repair, replacement and replacement of the Project including, without limitationcare of: (i) any form of real property tax assessmentall heating, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage fire protection and plumbing fixtures in or serving the Parking Areas and other improvement or special assessment district thereof; common areas and (ii) any all equipment, systems, roofs, exterior glass, landscaped areas, signs, the Building’s exteriors and all assessments under any covenants, conditions and restrictions affecting the Projectparking lots (including seal coating); (iiib) all payments by Landlord for electricity, water, sewer and other utility chargesutilities not separately metered or sub-metered, costs allocated to the Building or the parcels on which the Building is located pursuant to a reciprocal easement agreement or declaration (or similar document), snow removal for the Parking Areas, refuse removal, painting, insurance premiums and deductibles, management fees up to 3% of gross annual revenues for the Premises, wages and fringe benefits of personnel employed for the aforesaid work and proportionate costs of equipment purchased and used for such purposes; and (c) the amortization of capital expenditures or investments (but not improvements or expansions), all as determined on a commercially reasonable basis by Landlord using an interest rate of no greater than 8% and amortized over the useful life of the capital improvement, replacement or investment as reasonably determined by Landlord. The term “Operating Expenses” shall not be deemed to include any of the following: (i) leasing costs and commissions, costs of tenant disputes, leasehold improvements and other costs of preparing space for tenants, other tenant incentives, and expenses incurred in negotiating or enforcing leases; (ii) interest, principal or any other payments made to the mortgagee under any mortgage or rental or any other payments made to the ground lessor under any ground lease; (iii) costs for which Landlord is reimbursed, including costs covered by proceeds of insurance, condemnation awards or court judgments, amounts specially billed to and payable by an individual tenant and costs covered by any manufacturer’s, contractor’s or other warranty; (iv) fees and other costs of insurance obtained for professional services provided by Landlord pursuant to Paragraph 19 of the Leaseattorneys, space planners and architects; (v) waste disposal marketing and janitorial servicesadvertising expenses; (vi) securityany costs of capital improvements or expansions (as opposed to capital repairs or replacements, or maintenance of items of a capital nature); (vii) laborpolitical or charitable contributions; (viii) management costs incurred in connection with the mortgaging, selling or changing of ownership of a building or any part of the associated real property, including, without limitation: (A) wages , brokerage commissions, consultants’, attorneys’ and salaries (and payroll accountants’ fees, closing costs, title insurance premiums, transfer taxes and similar interest charges) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental Real Estate Taxes (which are covered in Article 6(a)(i)) or any costs expressly excluded from the definition of personal propertyReal Estate Taxes; (x) repair and maintenance costs incurred in connection with the original construction of the structural portions Building or any other part of the buildings with Property and costs of repairing, replacing or otherwise correcting defects or deficiencies in the Projectdesign, including construction or components of the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlordimprovements comprising the Property; (xi) maintenancecosts incurred in connection with the investigation, costs and upkeep removal, remediation or clean-up of all parking and other Common AreasHazardous Materials from the Property or Building (including the fees of any environmental consultants); (xii) depreciation Landlord’s general corporate overhead and general and administrative expenses or wages, salaries, fees, and fringe benefits paid to administrative or executive personnel or officers or partners of Landlord not having direct day to day responsibility for operating or providing services to the Building; (xiii) any “tap fees” or one-time lump sum sewer or water connection fees for the Property payable in connection with the original construction of the Property; (xiv) costs incurred for any item to the extent covered by a manufacturer’s, materialman’s, vendor’s or contractor’s warranty and paid by such manufacturer, materialman, vendor or contractor (Landlord shall pursue a breach of warranty claim for items of Landlord’s Work covered by a warranty); (xv) development fees, impact fees and similar charges; and (xvi) deductibles and retentions on a straight line basis and rental any insurance maintained by Landlord that are in excess of personal property used in maintenance;commercially reasonable deductibles (i.e., self-insurance shall not be an Operating Expense).

Operating Expenses. Throughout In addition to the Term of this Lease, commencing on the Commencement DateMonthly Base Rent, Tenant agrees shall pay to pay Landlord as additional rent in accordance with the terms of this Paragraph 6, Tenant's Share ’s Percentage of Operating Expenses for the taxes and insurance for the Project and (which includes all costs and expenses of operation and maintenance of the Common Areas and the Site), in the manner and at the times set forth in the following provisions of this Section 1.18. “Operating Expenses” shall consist of all costs and expenses of operation, maintenance, repair, maintenance and replacement repair of the Project includingBuilding and Common Areas as determined by standard accounting practices and calculated assuming the Building is at least ninety-five percent (95%) occupied, without together with all costs and expenses of operation and maintenance of the Common Areas and the Site as determined by standard accounting practices and calculated assuming the Property is at least ninety-five percent (95%) occupied. Operating Expenses include the following costs by way of illustration but not limitation: (i) any form of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereof; (ii) any and all assessments under imposed with respect to the Building, Common Areas, and/or Site pursuant to any covenants, conditions and restrictions affecting the ProjectProperty; (ii) costs, levies or assessments resulting from statutes or regulations promulgated by any government authority in connection with the use or occupancy of the Site, Building or the Premises; (iii) waterall costs of utilities serving the Common Areas and any costs of utilities for the Premises which are not separately metered, sewer and other utility charges; (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 of all Taxes and Insurance Costs as defined in the Lease; Standard Lease Provisions, (v) waste disposal and janitorial servicesdisposal; (vi) security, if any; (vii) labor; (viii) costs incurred in the management costs of the Site, Building and Common Areas, including, without limitation: (A) wages and salaries (and payroll taxes and similar charges) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix1) supplies, materials, equipment and tools including tools, (2) wages, salaries, benefits, pension payments, fringe benefits, (and payroll taxes, insurance and similar governmental charges related thereto) of employees used in the operation and maintenance of the Site, Building and Common Areas, (3) the rental of personal propertyproperty used by Landlord’s personnel in the maintenance, repair and operation of the Property, (4) accounting fees, legal fees and real estate consultant’s fees, and (5) a management/administrative fee equal to 3% of Monthly Base Rent, provided, however, that during the Rent Abatement Period, the management/administrative fee shall be calculated as if the Monthly Base Rent were $16,090.20 each month; (xviii) repair and maintenance of other portions of the Building other than such portions as are maintained by Tenant, including the elevators (if any), restrooms (if any), structural and non-structural portions of the buildings with the ProjectBuilding, including and the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by LandlordLandlord and not maintained by Tenant pursuant to Section 8.2 of the Standard Provisions; (xiix) maintenance, costs and upkeep of all parking and other Common Areas; (x) amortization on a straight-line basis over the useful life of the capital improvement related work based on generally accepted accounting principles, together with interest at the Interest Rate (as defined in Section 1.12 of the Lease Summary) on the unamortized balance of all costs of a capital nature (including, without limitation, capital improvements, capital replacements, capital repairs, capital equipment and capital tools): (1) reasonably intended to produce a reduction in operating charges or energy consumption; or (2) required after the date of this Lease under any Law that was not applicable to the Building at the time it was originally constructed; or (3) for repair or replacement of any equipment or improvements needed to operate and/or maintain the Building, the Common Areas and/or the Site at the same quality levels as prior to the repair or replacement; (xi) costs and expenses of gardening and landscaping; (xii) depreciation maintenance of signs (other than signs of tenants of the Site); (xiii) personal property taxes levied on a straight line basis and rental of or attributable to personal property used in connection with the Building, the Common Areas and/or the Site; and (xiv) costs and expenses of repairs, resurfacing, repairing, maintenance;, painting, lighting and similar items, including appropriate reserves for anticipated Operating Expenses for the next ensuring twelve month period. As of the date of this Lease, Landlord represents that Operating Expenses for the calendar year 2010 the monthly Operating Expenses is estimated to be $0.23 per rentable square foot per month in the Premises,

Operating Expenses. Throughout For the Term purposes of this Lease, commencing the term ------------------ "Operating expenses" shall mean all expenses paid or incurred by Landlord (or on the Commencement Date, Tenant agrees Landlord's behalf) as reasonably determined by Landlord to pay Landlord as additional rent in accordance with the terms of this Paragraph 6, Tenant's Share of Operating Expenses be necessary or appropriate for the taxes efficient operation, maintenance and insurance for the Project and all costs and expenses repair of the operationLand and/or Building, maintenance, repair, and replacement including the common areas of the Project includingBuilding, including without limitation: (i) any form salaries, wages, medical, surgical, union and general welfare benefits (including, without limitation, group life insurance) and pension payments of real property tax assessmentemployees of Landlord engaged in the repair, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition operation and maintenance of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereofLand and/or Building; (ii) any payroll taxes, workers' compensation insurance, uniforms and all assessments under any covenants, conditions and restrictions affecting the Projectrelated expenses for employees; (iii) waterthe cost of all charges for gas, sewer steam, electricity, heat, ventilation, air- conditioning, water and other utility chargesutilities furnished to the Building, together with any taxes on such utilities; (iv) costs the cost of insurance obtained by Landlord pursuant to Paragraph 19 painting of the Leasepublic areas; (v) waste disposal the cost of all charges of insurance, including rent loss insurance, casualty, liability, fire with extended coverage endorsement and janitorial servicesfidelity insurance, with regard to the Land and/or Building and the maintenance and/or operation thereof; (vi) securitythe cost or rental of all supplies including without limitation, cleaning supplies, light bulbs, tubes and ballasts, materials and equipment and sales and other taxes thereon; (vii) laborthe cost of hand tools and other movable equipment used in the repair maintenance or operation of the Building amortized over the useful life of such hand tools and movable equipment (as reasonably estimated by Landlord); (viii) management costs the cost of all charges for window and other cleaning and janitorial and security services; (ix) charges of independent contractors performing repairs or services to the Land and/or Building; (x) non-capital repairs; (xi) remodeling of the public and common areas of the Building including, without limitation: , repainting, replacement and repair of furnishings, fixtures, accessories, carpeting or other floor covering, wall and window coverings in the public and common areas, the cost of which shall be amortized (Awith interest at the rate of nine percent [9%] on the unamortized balance) wages over the useful life of the improvements as reasonably estimated by Landlord; (xii) alterations and salaries improvements to the Building made by reason of the laws and requirements of any public authorities or the requirements of insurance bodies; (and payroll taxes and similar chargesxiii) management fees paid to a third party, or, if no managing agent is employed by Landlord, Landlord shall be entitled to charge a management fee which is not in excess of four percent (4%) of property management employeesgross revenue, and such fee shall be included in the Operating Expenses; (Bxiv) management office rentalthe cost of any capital improvements or repairs to the Building and/or of any machinery or equipment installed in the Building amortized (with interest at the rate of nine percent [9%] on the unamortized balance) over the useful life of the improvement, suppliesmachinery and/or equipment as reasonably estimated by Landlord, equipment which is made or becomes operational, as the case may be, after the completion of the construction of the Building and related operating which have a reasonable probability of reducing the expenses which otherwise would be included in Operating Expenses; (xv) reasonable legal, accounting and other professional fees incurred in connection with operation, maintenance and management feesof the Land and/or Building; (ixxvi) supplies, materials, equipment and tools including rental the cost of personal propertyproviding elevator service; (xxvii) the cost of landscape and parking area maintenance and repair; (xviii) the common area charges to which the Building is subject; (xix) Taxes as defined in Section 4.3; and (xx) all other charges properly allocable to the operation, repair and maintenance of the structural portions of the buildings Building in accordance with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used in maintenance;generally accepted accounting principles.

Operating Expenses. Throughout For the Term purposes of this Lease, commencing the term ------------------ "Operating Expenses" shall mean all expenses paid or incurred by Landlord (or on the Commencement Date, Tenant agrees Landlord's behalf) as reasonably determined by Landlord to pay Landlord as additional rent in accordance with the terms of this Paragraph 6, Tenant's Share of Operating Expenses be necessary or appropriate for the taxes efficient operation, maintenance and insurance for the Project and all costs and expenses repair of the operationLand and/or Building, maintenance, repair, and replacement including the common areas of the Project includingBuilding, including without limitation: (i) any form salaries, wages, medical, surgical, union and general welfare benefits (including, without limitation, group life insurance) and pension payments of real property tax assessmentemployees of Landlord engaged in the repair, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition operation and maintenance of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereofLand and/or Building; (ii) any payroll taxes, workers compensation insurance, uniforms and all assessments under any covenants, conditions and restrictions affecting the Projectrelated expenses for employees; (iii) waterthe cost of all charges for gas, sewer steam, electricity, heat, ventilation, air- conditioning, water and other utility chargesutilities furnished to the Building, together with any taxes on such utilities; (iv) costs the cost of insurance obtained by Landlord pursuant to Paragraph 19 painting of the Leasepublic areas; (v) waste disposal the cost of all charges of insurance, including but not limited to all risk property insurance with rent loss coverage, liability and janitorial servicesfidelity insurance, with regard to the Land and/or Building and the maintenance and/or operation thereof; (vi) securitythe cost or rental of all supplies, including without limitation, cleaning supplies, light bulbs, tubes and ballasts, materials and equipment, and sales and other taxes thereon; (vii) laborthe cost of hand tools and other movable equipment used in the repair, maintenance or operation of the Building amortized over the useful life of such hand tools and movable equipment (as reasonably estimated by Landlord); (viii) management costs the cost of all charges for window and other cleaning and janitorial and security services; (ix) charges of independent contractors performing repairs or services to the Land and/or Building; (x) non- capital repairs; (xi) remodeling of the public and common areas of the Building including, without limitation: , repainting, replacement and repair of furnishings, fixtures, accessories, carpeting or other floor covering, wall and window coverings in the public and common areas, the cost of which shall be amortized (Awith interest at the rate of nine percent (9%) wages on the unamortized balance) over the useful life of the improvements as reasonably estimated by Landlord; (xii) alterations and salaries improvements to the Building made by reason of Legal Requirements or the requirements of insurance bodies; (and payroll taxes and similar chargesxiii) management fees paid to a third party, or, if no managing agent is employed by Landlord, Landlord shall be entitled to charge a management fee which is not in excess of four percent (4%) of property management employeesgross revenue, and such fee shall be included in the Operating Expenses; (Bxiv) management office rentalthe cost of any capital improvements or repairs to the Building and/or of any machinery or equipment installed in the Building amortized (with interest at the rate of nine percent (9%) on the unamortized balance) over the useful life of the improvement, suppliesmachinery and or equipment as reasonably estimated by Landlord, equipment which is made or becomes operational, as the case may be, after the completion of the construction of the Building and related operating which have a reasonable probability of reducing the expenses which otherwise would be included in Operating Expenses; (xv) reasonable legal, accounting and other professional fees incurred in connection with operation, maintenance and management feesof the Land and/or Building; (ixxvi) supplies, materials, equipment and tools including rental the cost of personal propertyproviding elevator service; (xxvii) the cost of landscape and parking area maintenance and repair; (xviii) the common area charges to which the Building is subject, if any; (xix) Taxes as defined in Section 4.3; and (xx) all other charges properly allocable to the operation, repair and maintenance of the structural portions of the buildings Building in accordance with the Projectgenerally accepted accounting principles. Accounting for Operating Expenses, including the plumbingmatters set forth in Sections 4 and 5 of this Lease, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used shall be in maintenance;accordance with generally accepted accounting principles consistently applied.

Operating Expenses. Throughout Notwithstanding anything to the Term contrary contained in Paragraph 4.2 of this Leasethe Lease Agreement, commencing the term "Operating Expenses" shall not include: (a) the cost of labor and employees with respect to any employee above the level of building manager; (b) the cost of labor and employees with respect to any supervisory or other personnel not located at the Industrial Center on a full-time basis unless such costs are appropriately allocated between the Commencement DateIndustrial Center and the other responsibilities of such personnel; (c) the cost of fixturing, Tenant agrees furnishing, painting or decorating any leasable space in the Industrial Center; (d) the cost of any "tenant allowances", "tenant concessions", and any alterations, improvements, or replacements made to pay Landlord as additional rent leasable space in accordance the Industrial Center; (e) cost of leasehold improvements and other preparations for occupancy made for specific lessees; (f) amounts paid for legal, brokerage or other professional services in connection with the terms leasing of this Paragraph 6space or in connection with relationships or disputes with lessees, Tenant's Share former lessees, prospective lessees or other occupants; (g) depreciation and other non-cash charges (except as hereinafter provided); (h) interest on or amortization of Operating Expenses for the taxes and insurance for the Project and all costs and expenses of the operation, maintenance, repair, and replacement of the Project including, without limitation: debts; (i) any form of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond financing or similar imposition refinancing costs; (j) brokerage commissions; (k) cost of any kind work or services performed or furnished to any tenant to the extent that same is, can be or would customarily be reimbursed to Lessor or a third party; (l) the cost of completion of the Building and any other improvements to the Industrial Center; (m) the cost of correcting any defects in construction; (n) expenses for which Lessor is or will be reimbursed by insurance proceeds or condemnation awards; (o) advertising and promotional expenses; (p) income, transfer, inheritance and franchise taxes; (q) expenses in the nature imposed of interest, fines and penalties; (r) expenses which are properly allocable to property other than the Industrial Center are located; (s) rent, additional rent and other charges payable under any ground lease or any lease superior to this Lease; (t) the cost of installing, operating and maintaining any specialty service such as an observatory, parking facility (unless parking is without charge for all lessees and their employees and guests), a restaurant or luncheon, athletic or recreational club; (u) any insurance premium to the extent that the cost thereof is reimbursed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage tenant or other improvement or special assessment district thereof; (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; (iii) water, sewer and other utility charges; (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 of the Leaseparty; (v) waste disposal and janitorial servicesany management or similar fee in excess of the customary fee for a similar property located in the vicinity of the Industrial Center; (viw) security; (vii) labor; (viii) management any costs including, without limitation: (A) wages or other sums paid to any person or entity related to or affiliated with Lessor to the extent that same exceeds the reasonable and salaries (and payroll taxes and similar charges) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal propertycustomary cost thereof; (x) repair any repairs, replacements or other expenses resulting from the negligence or misconduct of Lessor or its employees or agents; (y) the cost of any electricity or other utilities furnished to any leasable space; (z) accounting fees incurred in connection with the preparation of financial statements, tax returns and maintenance other documents and information for Lessor or its mortgagees; (aa) costs of repairs or replacements incurred due to casualty or condemnation; (bb) costs in connection with services (including electricity), items, or other benefits of a type which are not standard for the Industrial Center and which are not available to Lessee without specific charge therefor, but which are provided to another tenant or occupant of the structural portions of the buildings with the ProjectIndustrial Center, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed whether or furnished not such other tenant or occupant is specifically charged therefor by LandlordLessor; (xicc) maintenancecompensation paid to clerks, costs and upkeep attendants or other persons in commercial concessions (such as snack bars, restaurant or newsstand), if any, operated by Lessor or any subsidiary, affiliate or agent of all parking Lessor; (dd) rentals and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used in maintenance;related

Operating Expenses. Throughout Landlord's Operating Expenses" means the Term of this Lease, commencing on the Commencement Date, Tenant agrees to pay Landlord as additional rent in accordance with the terms of this Paragraph 6, Tenant's Share of Operating Expenses for the taxes and insurance for the Project and all costs and expenses cost ofoperation of the operationBuilding and the Site which shall exclude costs of special services rendered to tenants (including Tenant) for which a separate charge is made, maintenancebut shall include, repairwithout limitation, the following: premiums for insurance carried with respect to the Building and replacement of the Project Site (including, without limitation, liability insurance, insurance against loss in case of fire or casualty and insurance of monthly installments of fixed rent and any Additional Rent which may be due under this Lease and other leases of space in the Building for not more than twelve (12) months in the case of both fixed rent and Additional Rent and if there be any S:\Lcgal\Wa\tham\77 Fourth Avcnuc\Lcascs\Phasc Forward (H).doc first mortgage of the Property, including such insurance as may be required by the holder of such first mortgage, provided, however, with respect to insurance coverages required to be carried by a holder of a mortgage, such coverages are of the type and amounts customarily required to be carried by lenders of comparable class A, multi-tenant office buildings in the Market Area); compensation and all fringe benefits, worker's compensation insurance premiums and payroll taxes paid to, for or with respect to all persons engaged exclusively in the operating, maintaining or cleaning of the Building or Site (and in the event such persons are also employed on other properties of Landlord or its affiliates, such compensation shall be equitably prorated among the Building and such other properties), water, sewer, electric, gas, oil and telephone charges (excluding utility charges separately chargeable to tenants for additional or special services and excluding costs to supply electricity to leaseable areas of the Building, with the exception of any building management offices); cost of buildi ng and cleaning supplies and equipment; cost of maintenance, cleaning and repairs (other than repairs not properly chargeable against income or reimbursable from contractors under guarantees); cost of snow removal and care of landscaping; cost of operating, maintaining, cleaning and providing utilities to any conference center, cafeteria, fitness center or other amenity serving the Building (and excluding any costs to construct and initially furnish such amenities or any subsidy for cafeteria operations unless specifically agreed to by Tenant in writing); payments under service contracts with independent contractors; management fees at reasonable rates for self managed buildings consistent with the type of occupancy and the service rendered, which management fees shall not exceed three percent (3%) of the total Gross Rents for the Building ("Gross Rents for the Building" for the purposes hereof being defined as annual fixed rent, Landlord's Operating Expenses, with the exception of the aforesaid management fee, and Landlord's Tax Expenses for the Building for the relevant calendar year); costs of maintaining a regional property management office (allocated pro rata among all properties owned by Landlord or its affiliates served by such regional property management office) in connection with the operation, management and maintenance of the Building; and all other reasonable and necessary expenses paid in connection with the operation, cleaning and maintenance of the Building and the Site and properly chargeable against income, provided, however, there shall be included (a) depreciation for capital expenditures made by Landlord during the Lease Term (i) to reduce Landlord's Operating Expenses if Landlord shall have reasonably determined that the annual reduction in Landlord's Operating Expenses shall exceed the annual depreciation therefor or (ii) to comply with applicable laws, rules, regulations, requirements, statutes, ordinances, by-laws and court decisions of all public authoritieswhich first become applicable to the Property after the Base Building Completion Date (the capital expenditures described in subsections (i) and (ii) being hereinafter referred to as "Permitted Capital Expenditures"); plus (b) in the case of both (i) and (ii) an interest factor, reasonably determined by Landlord, as being the interest rate then charged for long-term mortgages by institutional lenders on like properties within the locality in which the Building is located; depreciation in the case of both (i) and (ii) shall be determined by dividing the original cost of such capital expenditure by the number of years of useful life of the capital item acquired and the useful life shall be reasonably determined by Landlord in accordance with generally accepted accounting principles and practices in effect at the time of acquisition of the capital item. S:\Lcgal\Wallham\77 Fourth Avcnuc\Lcascs\Phasc Forward (H).doc Notwithstanding the generality of the preceding text, the following items shall be excluded or deducted, as the case may be, from the calculation of Tenant's share of Landlord's Operating Expenses: (i) All capital expenditures and depreciation, including all costs that under generally accepted accounting principles are properly classified as capital expenses, capital improvements or capital repairs, except as otherwise explicitly provided in this Section 2.6; (ii) Interest on indebtedness, debt amortization, ground rent, financing and refinancing costs for any mortgage or ground lease or ▇▇▇▇▇▇▇▇▇ of the Building or the Site and transfer taxes, recording costs and taxes, title insurance premiums, title closer's fees and gratuities and other similar costs incurred in connection with the sale or transfer of an interest in Landlord or the Building; (iii) Legal, auditing, consulting and professional fees and other costs (other than those legal, auditing, consulting and professional fees and other costs incurred in connection with the normal and routine maintenance and operation of the Building and/or the Site), including, without limitation, those: (i) any form of real property tax assessmentpaid or incurred in connection with financings, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond refinancings or similar imposition sales of any kind or nature imposed by any authority having Landlord's interest in the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereofBuilding and/or the Site; (ii) relating to any and all assessments under any covenants, conditions and restrictions affecting the Projectspecial reporting required by securities laws; (iii) waterrelating to negotiations or disputes with, sewer and other utility chargesor leasing to, tenants or prospective tenants; (iv) relating to litigation (including costs of insurance obtained by Landlord pursuant to Paragraph 19 of the Leasesettlement judgments and payments in lieu thereof); (v) waste disposal and janitorial servicesthe interpretation of leases or other occupancy agreements; (vi) securitythe enforcement of the provisions of any lease or other occupancy agreement affecting the Building including without limitation this Lease; (vii) laborthe initial construction of the improvements on the Site; (viii) management the review, approval or other actions in connection with the sublease or assignment of tenant leases (provided, however, that Tenant shall nonetheless be responsible under Section 5.6.5(b) for any such costs relative to its own requests for consent to a sublease or assignment); (ix) any action against a present or former tenant or occupant under a lease or other occupancy agreement, including, without limitation: , eviction, distraint, levy and collection actions; and (Ax) wages costs incurred as a result of the violation by Landlord or any tenant of the terms and salaries conditions of any lease; (and payroll taxes and iv) The cost of any item or service to the extent reimbursed or reimbursable to Landlord by insurance required to be maintained under the Lease or by any third party; (v) The cost of repairs or replacements incurred by reason of fire or other casualty or condemnation other than costs not in excess of a commercially reasonable deductible (currently $25,000.00) on any insurance maintained by Landlord which provides a recovery for such repair or replacement; S:\Lcgal\Waltham\77 fourth Avcnuc\Lcascs\Phasc Forward (H).doc (vi) Any advertising, promotional or marketing expenses for the Buildings; (vii) The cost of any service or materials provided by any party related to Landlord (other than the management fee), to the extent such costs exceed the reasonable cost for such service or materials absent such relationship in buildings similar chargesto the Building in the vicinity of the Building; (viii) Payments for rented equipment, the cost of property management employeeswhich equipment would constitute a capital expenditure if the equipment were purchased to the extent that such payments exceed the amount which could have been included in Landlord's Operating Expenses had Landlord purchased such equipment rather than leasing such equipment; (ix) Penalties, damages, and interest for late payment or violations of any obligations of Landlord, including, without limitation, taxes, Legal Requirements, insurance, equipment leases and other past due amounts; (x) Contributions to charitable or political organizations or trade associations such as BOMA or NAIOP, and any entertainment, dining or travel expenses of Landlord's employees for any purpose; (xi) The costs incurred to monitor, test, survey, clean-up, contain, encapsulate, ▇▇▇▇▇, remove or remediate any "Hazardous Materials" (as defined in Section 5.3), including asbestos and mold, in the Buildings or on the Site required by "Hazardous Materials Laws" (as defined in Section 5.3) and including costs to defend against claims in regard to the existence or release of Hazardous Materials at the ▇▇▇ lding or the Site; (xii) Any and all costs incurred to install, repair, operate, maintain and replace the subslab venting system installed in the Building as part of the Base Building Work under Section 3.1 below (or any costs associated with modifying the original subslab venting system or installing supplemental systems should it be determined that the original system installed as part of the Base Building Work was insufficient to mitigate air quality issues associated with conditions existing at the Property as of the date of this Lease); (xiii) Wages, salaries, or other compensation (including benefits and benefit plans) paid to any executive employees above the grade of Regional Property Manager; (xiv) Amounts payable by Landlord for withdrawal liability to a multi-employer pension plan (under Title IV of the Employment Retirement Income Security Act of 1974, as amended) due to complete or partial withdrawal that occurs during the term of this Lease due to events within the control of Landlord (e.g., the sale of Landlord's interest in the Building); S:\Legal\Waltham\77 Fourth Avcnuc\Lcascs\Phasc Forward (H).da<: (xv) Costs in connection with leasing space in the Building or to retain existing tenants, including brokerage commissions, lease concessions, lease assumptions, rental abatements, construction allowances granted to specific tenants and alteration work performed by Landlord to prepare space for tenants, includi ng any utilities or services incurred in connection with performing such work; (xvi) The cost of any work or service performed or rendered exclusively for any tenant of the Building, including Tenant, and costs incurred in connection with the making of repairs which are the obligations of another tenant of the Building; (xvii) The cost of acquisition of any sculpture, paintings or other objects of art; (xviii) Any amounts billed or billable to Tenant or any other tenant for any services furnished to Tenant or any other tenant by Landlord or Landlord's agents or contractors for which a separate charge is made, including, without limitation, the supply of overtime air-conditioning, ventilation and heating, and above-standard cleaning services, or for services or work furnished to any tenant to the extent such services or work are furnished in a more favorable manner to such tenant than furnished generally to tenants of the Building as part of Landlord's Operating Expenses; (xix) Any costs of maintenance, repairs or replacements required because of the negligent or willful act or omission of Landlord, its officers, directors, servants, agents, employees or contractors; (xx) Any expenses to design and construct (including permitting fees, costs of insurance and bonds, and costs of equipment and materials) the Base Building Work and the Base Building Enhancements and any costs to correct any defects, latent or patent, in any of the equipment or improvements which are a part of the Base Building Work and/or the Base Building Enhancements (except to the extent caused by Tenant's use of the Premises for other than general office use); (xxi) Reserves for bad debts or for future improvements, repairs or additions; (xxii) Any above-standard cleaning (which shall include trash collectioo and removal), including, but not limited to construction cleanup or special cleanings associated with parties/events and specific tenant requirements in excess of service provided to Tenant, and including the costs of initial cleaning and rubbish removal performed for final completion of the Building, the Site or any tenant space; (xxiii) The costs of new services or substantial increases in existing services (such as a substantial increase in security services) to the extent such new or increased level of services are required solely as the result of the presence of a particular occupant of the Building, such as for example, the costs of providing additional security services due to threats against a particular occupant of the Building; (xxiv) Costs in connection with acquiring additional land or development rights or of constructing any additional buildings within the Site (provided, however, that the foregoing shall not be construed so as to limit or modify Tenant's obligation to pay the costs associated with the Off-Site Parking under Section 2.2.1 above); (xxv) Without limitation of any other exclusions from Landlord's Operating Expenses, costs and expenses incurred by Landlord in curing, repairing or replacing any structural portion of the Building (including the roof) within five (5) years of the Actual Base Building Completion Date (as the term is defined in Section 3. l (B) management office rentalbelow) to the extent such cure, suppliesrepair or replacement was made necessary as a result of defects in the design, workmanship or materials of the Base Building Work); (xxvi) Costs of initial landscapi ng of the Building or the Site; (xxvii) Costs of the initial stock of tools and equipment and related operating expenses and management fees; (ix) suppliesfor operation, materials, equipment and tools including rental of personal property; (x) repair and maintenance of the structural portions Building and Site and all furniture, equipment and fixtures for the Amenities; (xxviii) Costs of mitigation or impact fees or subsidies imposed or incurred in connection with the initial construction of the buildings Building, or imposed or incurred solely as a result of any tenant's use ofor occupancy of the Building or the Site; (xxix) Costs incurred in connection with the Projectoperation of any retail or restaurant operations for the Building, including without limitation, any operating subsidy for the plumbingcafeteria (provided that the costs of operating, heatingmaintaining, ventilatingcleaning and providing utilities to the cafeteria may be included in Landlord's Operating Expenses); (xxx) Costs incurred in connection with upgrading the Property to comply with laws, airrules, regulations or codes first applicable to the Property prior to the Commencement Date; and (xxxi) Except as expressly provided in this Lease with respect to the Managed Parking Program and the Off-conditioning Site Parking and electrical systems installed for so long as Tenant directly leases and occupies seventy percent (70%) or furnished by Landlord; (xi) maintenancemore of the Total Rentable Ffoor Area of the Building, costs of adding any new services or new building amenities not in place as of the Commencement Date which are not either (1) consented to by Tenant in writing or (2) actually utilized by Tenant's employees irrespective of whether Tenant has not consented to the same (e.g., if Landlord initiates a shuttle bus service to public transportation and upkeep of all parking and other Common Areas; (xii) depreciation Tenant does not consent to the same but Tenant's employees use the shuttle bus on a straight line basis regular basis) or (3) required by applicable laws, rules, regulations or codes first applicable to the Property after the Commencement Date, and rental further subject to the gross up of personal property used Base Operating Expenses as hereinafter set forth. Services or building amenities will not be deemed to be "utilized by Tenant's employees" unless either (i) Tenant notifies S:\Lcgal\Waltham\77 Founh Avenuc\Leases\Phasc Forward (H).doc Landlord in maintenance;writing that Tenant's employees will utilize the service or amenity, or

Operating Expenses. Throughout the Term of this Lease, commencing on the Commencement Date, Tenant agrees to pay Landlord unless otherwise expressly set forth herein as additional rent in accordance with the terms of this Paragraph 6, Tenant's Share of Operating Expenses being for the taxes and insurance for account of the Project and Landlord, including any such item set forth in Section 15 of Schedule "F" attached hereto, all costs costs, charges and expenses of incurred by the Landlord in connection with the operation, maintenance, repairrepair of and improvement to the Premises including without limitation: heating, ventilating and replacement air-conditioning costs, maintenance, repairs and replacements; administration fees equal to two and nine tenths percent (2.9%) of all amounts payable by tenants of the Project Building; salaries, wages and benefits of employees directly engaged in the operation, administration, maintenance and repair of the Premises, but only to the extent of their involvement with the Premises; electricity, fuel, water and other utilities, taxes, licenses and fees; insurance costs, premiums and deductible payments in respect of fire, casualty, liability, property damage, boiler, loss of rental and such other form or forms of insurance relating to the Premises from time to time in effect; cleaning, supervision, maintenance, operation and repair costs, expenses and charges relating to the Premises (including, without limitation: , the elevators, the garage (iif any) any form of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereof; (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; (iii) water, sewer parking facilities and other utility chargescommon areas and facilities) and the equipment, systems and fixtures therein and the making of all necessary repairs, modifications, renovations or replacements therein and thereto (with capital expenditures to be dealt with as hereinafter provided); building and cleaning supplies; equipment rental; cleaning; capital expenses (ivincluding expenditures relating to energy conservation measures or programs) costs amortized over the useful life of insurance obtained the item, together with interest on the unamortized portion of such expenses, calculated each month at a rate equal to one twelfth (1/12) of the aggregate of one and one-half percent (1.5%) plus the "Prime Rate" (as hereinafter defined) on the first day of each month for loans in Canadian dollars; snow removal, gardening and landscaping; garbage and waste collection and disposal; amounts payable pursuant to service contracts with independent contractors for maintenance, elevators, cleaning, refuse removal, security operations and repairs; legal and accounting fees and expenses; any expenses incurred by Landlord pursuant in obtaining or attempting to Paragraph 19 of the Lease; (v) waste disposal and janitorial services; (vi) security; (vii) labor; (viii) management costs including, without limitation: (A) wages and salaries (and payroll taxes and similar charges) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance of the structural portions of the buildings with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation on obtain a straight line basis and rental of personal property used reduction in maintenance;Real Estate Taxes.

Operating Expenses. Throughout For the Term purposes of this LeaseSublease, commencing the ------------------ term "Operating Expenses" shall mean all expenses paid or incurred by Sublessor (or on the Commencement Date, Tenant agrees Sublessor's behalf) as reasonably determined by Sublessor to pay Landlord as additional rent in accordance with the terms of this Paragraph 6, Tenant's Share of Operating Expenses be necessary or appropriate for the taxes efficient operation, maintenance and insurance for the Project and all costs and expenses repair of the operationMaster Premises and/or Building, maintenance, repair, and replacement including the Common Areas of the Project includingBuilding, including without limitation: (i) any form salaries, wages, medical, surgical, union and general welfare benefits (including, without limitation, group life insurance) and pension payments of real property tax assessmentemployees of Sublessor to the extent such employees are engaged in the repair, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition operation and maintenance of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereofMaster Premises and/or Building; (ii) any payroll taxes, workers' compensation insurance, uniforms and all assessments under any covenantsrelated expenses for such employees to the extent such employees are engaged in the repair, conditions operation and restrictions affecting maintenance of the ProjectMaster Premises and/or Building; (iii) waterthe cost of all charges for gas, sewer steam, electricity, heat, ventilation, air-conditioning, water and other utility chargesutilities furnished to the Building, together with any taxes on such utilities; (iv) costs the cost of insurance obtained by Landlord pursuant to Paragraph 19 painting of the Leasepublic areas; (v) waste disposal the cost of all charges of insurance, including but not limited to all risk property insurance with rent loss coverage, liability and janitorial servicesfidelity insurance, with regard to the Master Premises and/or Building and the maintenance and/or operation thereof; (vi) securitythe cost or rental of all supplies, including without limitation, cleaning supplies, light bulbs, tubes and ballasts, materials and equipment, and sales and other taxes thereon; (vii) laborthe cost of hand tools and other movable equipment used in the repair, maintenance or operation of the Building amortized over the useful life of such hand tools and movable equipment (determined in accordance with Generally Accepted Accounting Principles); (viii) management costs the cost of all charges for window and other cleaning and janitorial and security services; (ix) charges of independent contractors performing repairs or services to the Master Premises and/or Building; (x) non-capital repairs; (xi) remodeling of the public and Common Areas of the Building including, without limitation: , repainting, replacement and repair of furnishings, fixtures, accessories, carpeting or other floor covering, wall and window coverings in the public and Common Areas, the cost of which shall be amortized (Awith interest at the rate of nine percent [9%] on the unamortized balance) wages over the useful life of the improvements determined in accordance With Generally Accepted Accounting Principles; (xii) alterations and salaries improvements to the Building made by reason of the laws and requirements of any public authorities or the requirements of insurance bodies; (and payroll taxes and similar chargesxiii) management fees paid to a third party, or, if no managing agent is employed by Sublessor, Sublessor shall be entitled to charge a management fee which is not in excess of property management employeesOne Dollar ($1.00) per rentable square foot per year during the initial term of this Sublease (which fee shall be adjusted by the same percentage as any adjustment to the Base Rent rate during the Extension Terms), and such fee shall be included in the Operating Expenses; (Bxiv) management office rentalthe cost of any capital improvements or repairs to the 6 - SUBLEASE Building and/or of any machinery or equipment installed in the Building amortized (with interest at the rate of nine percent [9%] on the unamortized balance) over the useful life of the improvement, suppliesmachinery and/or equipment as reasonably estimated by Sublessor, equipment which is made or becomes operational, as the case may be, after the completion of the construction of the Building and related operating which have a reasonable probability of reducing the expenses which otherwise would be included in Operating Expenses; (xv) reasonable legal, accounting and other professional fees incurred in connection with operation, maintenance and management feesof the Master Premises and/or Building; (ixxvi) supplies, materials, equipment and tools including rental the cost of personal propertyproviding elevator service; (xxvii) the cost of landscape and parking area maintenance and repair to the Master Premises and/or Building; (xviii) Taxes as defined in Section 7.2.3; and (xix) all other charges properly allocable to the operation, repair and maintenance of the structural portions of the buildings Building in accordance with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used in maintenance;Generally Accepted Accounting Principles.

Operating Expenses. Throughout the Term of this Lease, commencing on the Commencement Date, Tenant agrees to pay Landlord as additional rent in accordance with the terms of this Paragraph 6, Tenant's Share of Operating Expenses for the taxes and insurance for the Project and all costs and expenses of for the operation, maintenance, repair, and replacement of the Project including, without limitation: (i) any form of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural agricultural, lighting, drainage or other improvement or special assessment district thereof, including, without limitation, any new taxes which are in substitution for or in addition to any current taxes payable hereunder; (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; (iii) water, sewer and other utility charges; (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 of the Lease; (v) waste disposal and janitorial services; (vi) security; (vii) labor; (viii) management costs including, without limitation: (A) wages and salaries (and payroll taxes and similar chargescharges ) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance of the structural portions of the buildings with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used in maintenance;: (xiii) amortization on a straight line basis over the useful life [together with interest at the Interest Rate on the unamortized balance) of all capitalized expenditures which are: (A) reasonably intended to produce a reduction in operating charges or energy consumption; or (B) required under any governmental law or regulation that was not applicable to the Project at the time it was originally constructed; or (C) for replacement of any Project equipment needed to operate the Project at the same quality levels as prior to the replacement; (xiv) gardening and landscaping; (xv) maintenance of signs (other than signs of tenants of the Project); (xvi) personal property taxes levied on or attributable to personal property used in connection with the Common Areas; (xvii) reasonable accounting, audit, verification, legal and other consulting fees; and (xviii) costs and expenses of repairs, resurfacing, repairing, maintenance, painting, lighting, cleaning, refuse removal, security and similar items, including appropriate reserves.

Operating Expenses. Throughout In addition to the Term of this Lease, commencing on the Commencement DateMonthly Base Rent, Tenant agrees shall pay to pay Landlord as additional rent in accordance with the terms of this Paragraph 6, Tenant's Share Percentage of Operating Expenses for (which includes the taxes and insurance for the Project and Building Percentage of all costs and expenses of operation and maintenance of the Property Common Areas and the Site), in the manner and at the times set forth in the following provisions of this Section 1.18. "Operating Expenses" shall consist of all costs and expenses of operation, maintenance, repair, maintenance and replacement repair of the Project includingBuilding and Building Common Areas as determined by standard accounting practices and calculated assuming the Building is at least ninety-five percent (95%) occupied, without together with the Building Percentage of all costs and expenses of operation and maintenance of the Property Common Areas and the Site as determined by standard accounting practices and calculated assuming the Property is at least ninety-five percent (95%) occupied. Operating Expenses include the following costs by way of illustration but not limitation: (i) any form of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereof; (ii) any and all assessments under imposed with respect to the Building, Common Areas, and/or Site pursuant to any covenants, conditions and restrictions affecting the ProjectProperty; (ii) costs, levies or assessments resulting from statutes or regulations promulgated by any government authority in connection with the use or occupancy of the Site, Building or the Premises (unless triggered by the specific use or occupancy of another tenant or any alterations or improvements made by another tenant); (iii) water, sewer all costs of utilities serving the Common Areas and all Premises Utilities Costs and utilities costs for other utility charges; premises in the Building which are not separately metered which shall be billed on a pro rata basis based upon the rentable square footage of all space leased which share in the such utilities) (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 of all Taxes and Insurance Costs as defined in the Lease; Standard Lease Provisions, (v) waste disposal and janitorial servicesdisposal; (vi) security, if any; (vii) labor; (viii) costs incurred in the management costs of the Site, Building and Common Areas, including, without limitation: (A) wages and salaries (and payroll taxes and similar charges) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix1) supplies, materials, equipment and tools including tools, (2) wages, salaries, benefits, pension payments, fringe benefits, (and payroll taxes, insurance and similar governmental charges related thereto) of employees used in the operation and maintenance of the Site, Building and Common Areas, (3) the rental of personal propertyproperty used by Landlord's personnel in the maintenance, repair and operation of the Property, (4) accounting fees and (5) a management/administrative fee; (xviii) repair and maintenance of other portions of the Building other than such portions as are maintained by Tenant, including the elevators (if any), restrooms (if any), structural and non-structural portions of the buildings with the ProjectBuilding, including and the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by LandlordLandlord and not maintained by Tenant pursuant to Section 8.2 of the Standard Provisions; (xiix) maintenance, costs and upkeep of all parking and other Common Areas; (x) amortization on a straight-line basis over the useful life together with interest at the Interest Rate (as defined in Section 1.13 of the Lease Summary) on the unamortized balance of all costs of a capital nature (including, without limitation, capital improvements, capital replacements, capital repairs, capital equipment and capital tools) that are: (1) reasonably intended to produce a reduction in operating charges or energy consumption; or (2) required after the date of this Lease under any Law that was not applicable to the Building at the time it was originally constructed; or (3) for repair or replacement of any equipment or improvements needed to operate and/or maintain the Building, the Common Areas and/or the Site at the same quality levels as prior to the repair or replacement; (xi) costs and expenses of gardening and landscaping; (xii) depreciation maintenance of signs (other than signs of tenants of the Site); (xiii) personal property taxes levied on a straight line basis and rental of or attributable to personal property used in connection with the Building, the Common Areas and/or the Site; and (xiv) costs and expenses of repairs, resurfacing, repairing, maintenance;, painting, lighting and similar items, including appropriate reserves. Landlord shall have the right, from time to time, to equitably allocate some or all of the Operating Expenses among different tenants and/or different buildings and/or difference premises of the Property based upon differing levels of use, demand, risk or other distinctions among such parties, premises or Buildings (the "Cost Pools"). Such Cost Pools may include, for example, all office space tenants or industrial/R&D space tenants in the Property and may be modified to take into account the addition of any additional buildings within the Property. Accordingly, in the event of such allocations into Cost Pools, Tenant's Percentage shall be appropriately adjusted to reflect such allocation. In addition, if Landlord does not furnish a particular service or work (the cost of which, if furnished by Landlord would be included in Operating Expenses) to a tenant (other than Tenant) that has undertaken to perform such service or work in lieu of receiving it from Landlord, then such tenant's percentage share of the costs of such service or work shall be excluded for purposes of calculating Tenant's Percentage (and the percentage share of all other tenants) as to the costs of such service or work which is included Operating Expenses and performed by Landlord.

Operating Expenses. Throughout the Term of this Lease, commencing on the Commencement Date, Tenant agrees shall pay to pay Landlord as additional rent in accordance with the terms of this Paragraph 6Landlord, Tenant's Operating Expense Proportionate Share of Operating Expenses all expenses incurred or paid by Landlord in connection with the maintenance, operation, repair, or replacement of (a) the Common Areas, and (b) all other portions of the Property (not including the buildings thereon, except as expressly set forth in this Section 10.1), even if such portions of the Property (not including the buildings thereon, except as expressly set forth in this Section 10.1) are reserved for the taxes exclusive use of others (unless those having such exclusive right of use pay the entire expense of maintenance, operation, repair and insurance for the Project and all costs and expenses replacement of such portion of the operationProperty reserved for such exclusive use) (which portions of the Property shall, for purposes of this Section and Section 8 only, be deemed Common Areas). Such expenses shall include, without limitation, (a) the costs of (i) cleaning, maintenance, repair, repair and replacement of the Project includingroads, without limitation: (i) any form of real property tax assessmentsidewalks, license feeparking areas, license tax, business license fee, commercial rental tax, levy, charge, improvement bond and driveways on or similar imposition of any kind or nature imposed by any authority having adjoining the direct power to taxProperty, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereofthe cost of snow and ice removal; (ii) any repaving and all assessments under any covenants, conditions and restrictions affecting restriping paved portions of the ProjectProperty; (iii) maintenance, repair and replacement of all landscaped areas on the Property and exterior portions of the buildings on the Property; (iv) guards and security personnel, facilities and equipment for the Property; (v) maintenance, operation, repair and replacement of the lighting of the Property (not including the buildings thereon); (vi) insurance; (vii) maintenance, operation, repair and replacement of water, sewer and other utility charges; equipment, lines and systems (ivinterior and exterior to buildings and improvements) at the Property and the Systems, including the costs of insurance obtained service contracts entered into by Landlord pursuant to Paragraph 19 of the Lease; (v) waste disposal for such equipment, lines and janitorial services; (vi) security; (vii) laborsystems; (viii) management costs includingmaintenance, without limitation: (A) wages and salaries (and payroll taxes and similar charges) of property management employeesoperation, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance replacement of the structural portions of the fire protection equipment, lines and systems (exterior and interior to buildings with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used in maintenance;and

Operating Expenses. Throughout the Term of this Lease, commencing Beginning on the Commencement DateDate and continuing throughout the Term, Tenant ▇▇▇▇▇▇ agrees to pay Landlord as additional rent in accordance with the terms of this Paragraph 6, Tenant's “Additional Rent” its Proportionate Share of Operating Expenses (as defined below in this Section 2.2.1) for the taxes building of which the Premises are a part (the “Building”) and insurance for any common areas associated therewith including, without limitation, paving and parking areas, roads, roofs, alleys, and driveways, landscaping, utility lines, and exterior lighting, electrical systems and other mechanical and Building systems (“Common Areas”) to the Project extent that such maintenance and costs are chargeable to Tenant under this Lease. The term “Operating Expenses” means, except as otherwise expressly set forth in this Lease, all costs and expenses incurred by Landlord with respect to the maintenance and operation of the operation, maintenance, repair, and replacement of the Project Building including, without limitation: (i) any form of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereofintentionally omitted; (ii) any and all assessments under any covenants, conditions and restrictions affecting the Projectinsurance maintained by Landlord pursuant to Section 12; (iii) water, sewer utilities (except as separately metered and other paid directly to the utility chargesby Tenant); (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 of the Leasemaintenance; (v) waste disposal maintenance of Common Areas; of the Building and janitorial servicesall associated systems serving the Building; (v) intentionally omitted; (vi) securityrepair of any portion of the Building or Common Areas; (vii) labordeductibles on insurance loss; (viii) management costs security services, if any; (ix) trash collection and sweeping; (x) snow removal; and (xi) the cost of any capital improvements that are made to the Building or Common Areas with the Parties’ express prior written agreement or approval as to same (including, without limitation: (A) wages , with respect to the nature and salaries (and payroll taxes and similar charges) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance scope of the structural portions capital improvements, any and all plans related thereto, the cost thereof and any and all contractors to be used in connection with the performance thereof and any modification or change to any of the buildings with foregoing prior to completion of the Projectapplicable improvements). For clarity, including Tenant has no obligation whatsoever for any capital improvements that are made to the plumbingBuilding, heatingCommon Areas, ventilating, air-conditioning and electrical systems installed or furnished Land and/or the Project by Landlord; Landlord other than as described in the immediately preceding clause (xi) or otherwise made in accordance with this Section 2.2.1. Without limiting the foregoing, if the Parties are unable to agree on capital improvements, as, when and to what extent they are required, then the Parties shall engage a licensed third-party professional (in the area of expertise required for the subject capital improvement(s)) to determine commercially reasonable maintenance, costs repair or replacement steps under the circumstances. For the purposes of this Lease, the term “Proportionate Share” means the percentage determined by dividing the rentable square footage of the Premises by the total rentable square footage of the Building. Landlord and upkeep Tenant agree that as of all parking and other Common Areas; the Commencement Date, ▇▇▇▇▇▇’s Proportionate Share shall be one hundred percent (xii) depreciation 100%). Landlord shall equitably adjust Tenant’s Proportionate Share in the event the Premises or Building are expanded or reduced. Operating Expenses shall be calculated in conformity with generally accepted accounting principles, applied on a straight consistent basis throughout the Term, and in accordance with industry standards such as those published by the Building Owners and Managers Association. The costs of any allowable expenditure which under generally accepted accounting principles is properly classified as a capital expenditure shall be amortized on a straight-line basis over a period equal to the lesser of the useful life thereof for federal income tax purposes or fifteen (15) years and, if paid by Landlord and rental not Tenant, shall be passed-through to Tenant on that basis (provided that, if Tenant agrees to pay for such capital expenditure up front or on an alternative payment schedule, then any payment made by Tenant attributable to any period of personal property used in maintenance;time after the Term expires shall be paid or reimbursed by Landlord to Tenant), except to the extent otherwise expressly agreed by Landlord and Tenant prior to incurring any such capital expenditure.

Operating Expenses. Throughout During the Term term of this Lease, commencing on and any extensions and renewals thereof, Landlord shall operate, manage, repair and maintain, in a first class manner consistent with other similar buildings in the Commencement DateGaithersburg and Germantown, Maryland areas, the Building, the Land and the Common Areas. Tenant agrees shall, during the entire term of this Lease, pay to pay Landlord as additional rent in accordance with Additional Rent, the terms of this Paragraph 6, Tenant's ’s Pro Rata Share of Operating Expenses for the taxes and insurance for the Project and all costs and expenses incurred by Landlord in operating, managing, repairing and maintaining the Building, the Land and the Common Areas, collectively referred to as “Operating Expenses”. Said Operating Expenses shall include, but not be limited to, costs and expenses for: (i) removal of snow, ice, trash, rubbish and debris from the Common Areas; (ii) furnishing and maintaining electric service (and elevator service, if any) to the Building and the lighting of the operationCommon Areas; (iii) charges for furnishing and maintaining water and sewer service or other utility services to the Building, maintenance, repair, the Land and replacement the Common Areas; (iv) trimming and grass cutting and all other maintenance and upkeep of the Project grounds, green areas and landscaping in the Common Areas; (v) maintaining, monitoring and testing the sprinkler system and sprinkler alarm system in the Building; (vi) maintaining, striping, cleaning and repairing the parking areas, driveways and sidewalks; (vii) trash pick-up and removal by a licensed contractor from containers located in a common enclosure(s) for the mutual use of all tenants in the Building, as well as the cost of maintaining and repairing said trash container enclosure(s); (viii) reasonable property management fees (not to exceed three percent (3%) of grossed-up rentals in the Building, where “grossed up rentals” refers to the average basic annual rental in the Building plus Operating Expenses calculated without including the management fee); (ix) maintenance and repairs to the exterior of Building, including, without limitation, exterior windows, doors, hardware, locks, lighting and lighting fixtures; (x) premiums incurred by Landlord, if any, for hazard, liability, workmen’s compensation or similar insurance on contractors providing services to the Building, Land or Common Areas; (xi) Impositions (as defined in Section 8); (xii) Insurance Premiums (as defined in Section (8); and (xiii) any other costs and maintenance expenses for the Building, Land, Common Areas and all appurtenances thereto as may be deemed reasonably necessary by Landlord which under generally accepted accounting principles (“GAAP”) properly constitute operating or maintenance costs and expenses attributable thereto. Operating Expenses shall not include any of the following: (i) any form the cost of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition the original construction of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, Building or any schooladditions or expansions to the Building, agricultural lighting, drainage Common Areas or other improvement or special assessment district thereofitems which under GAAP are properly classified as capital expenditures; (ii) any and all assessments under repairs or work performed to any covenants, conditions and restrictions affecting portion of the ProjectBuilding intended to be occupied by individual tenants including tenant allowances and/or concessions; (iii) waterthe cost of correcting any defects in the original construction of the Building, sewer and other utility chargesCommon Areas and/or Demised Premises (as tendered to Tenant); (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 of the Leaseany reserves for future expenditures not yet incurred; (v) waste disposal and janitorial servicesground lease rental; (vi) securitycosts incurred by Landlord for repair or restoration to the extent that Landlord is reimbursed by insurance or condemnation proceeds or that the same is covered by warranty; (vii) laborattorneys’ fees, leasing commissions and other costs and expenses incurred in connection with negotiations or disputes with present or prospective tenants or other occupants of, or persons, firms or entities with respect to, the Building; (viii) management costs includingincurred by Landlord due to the negligence or misconduct of Landlord or its agents, without limitation: (A) wages contractors, licensees and salaries (and payroll taxes and similar charges) of property management employees, or the violation by Landlord of the terms and (B) management office rental, supplies, equipment and related operating expenses and management feesconditions of this Lease; (ix) suppliesinterest, materials, equipment principal points and tools including rental fees on debts or amortization on any mortgage or mortgages or any other debt instrument encumbering all or any portion of personal propertythe Building or the Land on which the Building is located; (x) repair advertising and maintenance promotional expenditures in connection with leasing the Building, and costs of the structural portions installation of signs identifying the owner and/or manager of the buildings with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by LandlordBuilding; (xi) maintenanceany costs relating to hazardous materials, asbestos and the like not resulting from actions of Tenant; (xii) any charges for depreciation of the Building, or equipment (except costs of and upkeep depreciation of all parking equipment installed or improvements made to reduce Operating Expenses); (xiii) any charge for Landlord’s income taxes, excess profit taxes, or franchise taxes; (xiv) any costs in connection with change of ownership; (xv) any costs, fines etc. incurred due to late payment of Operating Expenses; (xvi) Landlord’s general overhead and administrative expenses; (xvii) increased Insurance Premiums caused by Landlord’s or any other tenant’s acts; (xviii) costs, fines and penalties incurred to correct violations by Landlord of any law, rule, order or regulation which was in effect as of the Commencement Date; (xix) wages, bonuses and other compensation of executive employees; (xx) increased Insurance Premiums or Impositions assessed specifically to any tenant in the Building; (xxi) cost of any work or services performed for any facility other than the Building; (xxii) any cost paid to a person, firm, corporation or other entity related to Landlord, which is in excess of the amount which would have been paid in the absence of such relationship; (xxiii) any cost of painting or decorating of any interior parts of the Building other than Common Areas; (xiixxiv) depreciation cost of acquiring sculptures, paintings and other objects of art; (xxv) expenses incurred by Landlord solely in its capacity as a partnership or other business entity; (xxvi) costs and expenses (other than management fees) paid to entities under common control with Landlord for services on a straight line basis or to the Building, but only to the extent that the cost of such services exceeds normal rates being paid for such services to unaffiliated providers of such services by owners of other similar buildings in the area; and rental (xxvii) cost of personal property used repairs, alterations and replacements caused by the exercise of the rights of eminent domain. There shall not be duplication in maintenance;charges to Tenant by reason of the provision setting forth Tenant’s obligation to reimburse Landlord for Operating Expenses and any other provision in this Lease.

Operating Expenses. Throughout All costs incurred by Landlord, if any, for any of the Term following: (a) The operation, repair and maintenance, in neat, clean and good order and condition of (i) the Common Areas of the Project, including without limitation all parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways, landscaped areas, striping, bumpers, and irrigation systems, common area lighting facilities, and fences and gates; (ii) fire detection in the Project, including sprinkler system maintenance and repair; and (iii) unless allocated directly to Tenant pursuant to Section 8.1(b), the Building's heating, ventilation and air conditioning ("HVAC") systems. (b) Trash disposal for the Common-Areas of the Project (Tenant to pay for trash disposal specific to its Permitted Use of the Premises) and to the extent any such services are provided, janitorial service, security services, gardening, painting, plumbing, electrical, carpentry, window washing, signage and equipment rental expenses, and any other service to be provided by Landlord that is elsewhere in the Lease stated to be an item of Operating Expenses. (c) Any deductible portion of an insured loss concerning any of the items or matters described in this LeaseSection. (d) Premiums for any insurance policies maintained by Landlord pursuant to Section 11 below. (e) Real Property Taxes to be paid by Landlord. (f) Utilities not separately metered to Tenant or other tenants of the Project. (g) Independent contractors for services (excluding capital improvements), commencing and compensation (including employment taxes and fringe benefits) of all persons who perform regular and recurring duties connected with day-to-day operation, maintenance and repair of the Project, provided such compensation is commercially reasonable. (h) Maintenance and repair of roofs, building walls, foundations, and all sewer and water facilities. (i) A property management fee in the amount of fifteen percent (15%) of the preceding items of Operating Expenses. (j) Dues and assessments payable to the Business Park's property owners association (if any). The inclusion of the improvements, facilities and services set forth in the foregoing definition shall not be deemed Landlord's representation that such improvements or facilities exist, nor shall it impose on Landlord any obligation either to have those improvements or facilities or to provide those services, unless the improvements or facilities already exist in the Project or Landlord already provides the services as of the Commencement Date, Tenant agrees or unless Landlord has agreed to pay Landlord as additional rent do so elsewhere in accordance with the terms of this Paragraph 6, Tenant's Share of Operating Expenses for the taxes and insurance for the Project and all costs and expenses of the operation, maintenance, repair, and replacement of the Project including, without limitation: (i) any form of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereof; (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; (iii) water, sewer and other utility charges; (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 of the Lease; (v) waste disposal and janitorial services; (vi) security; (vii) labor; (viii) management costs including, without limitation: (A) wages and salaries (and payroll taxes and similar charges) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance of the structural portions of the buildings with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used in maintenance;.

Operating Expenses. Throughout the Term of this Lease, commencing on the Commencement Date, Tenant agrees The term “Operating Expenses” refers to pay Landlord as additional rent in accordance with the terms of this Paragraph 6, Tenant's Share of Operating Expenses for the taxes and insurance for the Project and shall be all costs and expenses of every kind and nature, whether or not the operationitem may be specifically mentioned or not herein, paid or incurred by Landlord in operating, advertising, equipping, policing and protecting, cleaning, lighting, insuring, repairing, replacing and maintaining the Center, including without limitation, the Common Areas and all other areas, facilities and buildings in the Center or adjacent to the Center, including the cost of insuring all property provided by Landlord which may at any time comprise the Center and all taxes thereupon. Landlord may, in Landlord’s sole and absolute discretion from time to time, include equitable allocations of any of the Operating Expenses hereinafter set forth to all buildings in the Center or any one specific building or to any other building in or adjacent to the Center. Operating Expenses may include but not be limited to, all such costs and expenses of: a) illumination and maintenance and installation of signs and/or tenant directories; b) the cost of water, sewer, gas, propane, electricity, and other publicly mandated services not separately metered; c) repair, maintenance and/or replacement of all on or off-site water lines, electrical lines, gas lines, sanitary sewer lines, telephone lines, cable or data lines, storm water lines, or other utilities serving the Center; d) maintenance, repair and replacement of light fixtures and lighting standards (including replacement of tubes, ballasts and lamps); e) Common Area snow and ice removal, sweeping, blowing, power or pressure washing, window washing, awning cleaning (and replacement thereof); f) repair, maintenance, repair, and replacement of public toilets, public seating, bicycle racks, trash and cigarette receptacles, pedestrian control devices, or any item generally located in a public plaza, walkway, courtyard, or building; g) repair, maintenance, replacement and depreciation of the Project includingparking areas and/or parking lots, without limitation: (iincluding repaving and restriping of the paved areas and any parking equipment, the maintenance and operations of the Center parking, Common Area parking lots, and/or any adjacent parking lots used by the Center including the cost of personnel to implement such services, including the directing of parking and all parking lot supplies; h) any form trash disposal services or the removal of real property tax assessmenttrash and debris; I) janitorial services, license feepest control services, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition and the cost of any kind environmental inspections; j) planting, replacing and maintaining landscaping, sprinkler systems and ▇▇▇▇▇; k) licenses, permits and/or any City, County, State or nature imposed Federal fee or assessment attributable to Center, and the costs incurred in complying with governmental regulations (exclusively of any tenant’s premises), whether done voluntarily or by any authority having the direct power to taxmandate of governmental authorities, including any citycosts incurred in complying with the Americans With Disabilities Act of 1990, countyas amended from time-to-time, state or federal governmentwith respect to the Common Areas; l) policing, patrolling and security services; m) all heating, air conditioning, plumbing, electrical systems, communication and data systems, and other equipment used in common by, or any schoolfor the benefit of, agricultural lightingTenants or occupants of the Center and the repair, drainage maintenance and/or replacement of same including cleaning supply and return air ducts; n) elevators, escalators, or other improvement lift or special assessment district thereoftransport devices; (iio) any maintenance, repair and all assessments under any covenantstesting of file/life safety equipment, conditions fire detection systems, fire sprinkler systems, pre-action devices, and restrictions affecting the Projectalarm systems; (iiip) waterimprovements, sewer capital improvements, roof repairs and replacement, building repairs and replacement, painting, patching, and stucco; q) premiums for liability and property insurance, earthquake insurance, premiums for insurance against fire, theft and other utility charges; (iv) costs casualties covered by extended coverage insurance, including Rent insurance, liability for defamation and false arrest, plat glass in common areas and fidelity bonds for employees of Landlord, the cost of the premiums for the insurance obtained policies maintained and payable by Landlord pursuant to Paragraph 19 Landlord’s Initials Article 6, any deductible portion of an insured loss concerning the Leasebuildings or the Common Areas, and the costs (including consulting fees) incurred in connection with the procurement of insurance and reasonable reserves for deductibles and any self-insured retention; (vr) waste disposal Real Estate Taxes payable by Landlord pursuant to Article 5, and janitorial personal property taxes, sales and use taxes on material, equipment, supplies and services; (vi) security; (vii) labor; (viii) management costs including, without limitation: (A) wages and salaries (and payroll taxes and similar charges) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ixs) supplies, materialsholiday decorations, grand opening costs, promotional costs, advertising costs; t) the cost of maintenance and replacement of any camera equipment, music equipment, snow removal equipment, maintenance equipment, supplying services to both the Common Areas and buildings; u) replacement of equipment or improvements that have a useful life for accounting purposes of 5 years or less; v) the cost of any Capital Expenditure to the building or the Center not covered under the provisions of Article 8 provided however, that Landlord shall allocate the cost of any such Capital Expenditure over a ten (10) year period and tools including rental Tenant shall not be required to pay more than Tenant’s Share of personal property1/120th of the cost of such Capital Expenditure in any given months; (xw) repair the reasonable depreciation of maintenance equipment used in the operation and maintenance of the structural portions Common Areas and the Center; x) total compensation and benefits, including premiums for workers’ compensation and other insurance, paid to or on behalf of Landlord’s employees involved in the performance of the buildings work specified hereunder in this Section 9.1; y) labor, salaries, and applicable fringe benefits and costs, materials, supplies and tools, used in maintaining, servicing, cleaning, repairing, enhancing, improving, and/or upgrading the Center; z) operating costs and maintenance costs for the property management and/or maintenance offices in the Center, including all costs and expenses (including wages, salaries, employee benefits, unemployment insurance and social security payments) relating to the employment of all on-site personnel, including Center manager, promotional and Center personnel and other on-site personnel utilized in connection with the Projectoperation, including maintenance and repairs of the plumbingCenter, heatingand the accounting and management fees attributable to the operation of the Center; aa) parcel pickup, ventilatingdelivery services, air-conditioning copying or fax charges, postage, telephone or any other service to be provided by Landlord that is elsewhere in this Lease stated to be an “Operating Expense; and electrical systems installed or furnished by Landlord; bb) an amount equal to fifteen percent (xi15%) maintenance, of the total of all of the foregoing costs and upkeep expenses to cover Landlord’s administrative cost. The inclusion of all parking the improvements, facilities and other Common Areas; (xii) depreciation on a straight line basis and rental services set forth in the language of personal property used this Section shall not be deemed to impose an obligation upon Landlord to either have said improvements or facilities or to provide those services unless the Center already has the same, Landlord already provides the services, or Landlord has agreed elsewhere in maintenance;this Lease to provide the same or some of them.

Operating Expenses. Throughout For the Term purposes of this Lease, commencing the term "OPERATING EXPENSES" shall mean all reasonable expenses paid or incurred by Landlord (or on the Commencement Date, Tenant agrees Landlord's behalf) as reasonably determined by Landlord to pay Landlord as additional rent in accordance with the terms of this Paragraph 6, Tenant's Share of Operating Expenses be necessary or appropriate for the taxes efficient operation, maintenance and insurance for the Project and all costs and expenses repair of the operationLand and/or Building, maintenance, repair, and replacement including the common areas of the Project includingBuilding, including without limitation: (i) salaries, wages, employer's social security taxes, unemployment taxes or insurance and other taxes which are levied on wages and salaries, medical, surgical, union and general welfare benefits (including, without limitation, disability and group life insurance) and pension payments of employees of Landlord to the extent such employees are engaged in the repair, operation and maintenance of the Land and/or Building (but specifically excluding any form of real administrative position above the property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having manager for the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereofBuilding and/or Land); (ii) any payroll taxes, workers' compensation insurance, uniforms and all assessments under any covenants, conditions and restrictions affecting the Projectrelated expenses for such employees; (iii) waterthe cost of all charges for gas, sewer steam, electricity, heat, ventilation, air-conditioning, water and other utility chargesutilities furnished to the Building, together with any taxes on such utilities; (iv) costs the cost of insurance obtained by Landlord pursuant to Paragraph 19 painting of the Leasepublic areas; (v) waste disposal the cost of all charges of insurance, including rent loss insurance not to exceed twelve (12) months, casualty, liability, fire with extended coverage endorsement and janitorial servicesfidelity insurance, with regard to the Land and/or Building and the maintenance and/or operation thereof; (vi) securitythe cost or rental of all supplies for the Land or the Building, including without limitation, cleaning supplies, light bulbs, tubes and ballasts, materials and equipment, and sales and other taxes thereon; (vii) laborthe cost of hand tools and other movable equipment used in the repair, maintenance or operation of the Building amortized over the useful life of such hand tools and movable equipment (as reasonably estimated by Landlord under generally accepted accounting principles consistently applied ("GAAP"); (viii) management the cost of all charges for window and other cleaning and janitorial and security services; (ix) charges of independent contractors performing repairs or services to the Land and/or Building including water treatment, vermin extermination, facade maintenance, roof maintenance, life safety and fire alarm equipment and other costs for necessary services; (x) non-capital repairs, replacements and general maintenance to the Building; (xi) remodeling of the public and common areas of the Building including, without limitation: , repainting, replacement and repair of furnishings, fixtures, accessories, carpeting or other floor covering, wall and window coverings in the public and common areas, the cost of which shall be amortized (Awith interest at the rate of nine percent (9%) wages per annum on the unamortized balance) over the useful life of the improvements as reasonably estimated by Landlord under GAAP; provided, however Operating Expenses shall not include costs for remodeling any portion of the Building during the first five (5) years of the Lease term; (xii) alterations and salaries improvements to the Building made by reason of the laws and requirements of any public authorities or the requirements of insurance bodies; (and payroll taxes and similar chargesxiii) management fees paid to a third party, or, if no managing agent is employed by Landlord, Landlord shall be entitled to charge a management fee which is not in excess of three percent (3%) of property base rent and such fee shall be included in the Operating Expenses; (xiv) the cost of any capital improvements or repairs to the Building and/or of any machinery or equipment installed in the Building amortized (with interest at the rate of nine percent (9%) per annum on the unamortized balance) over the useful life of the improvement, machinery and/or equipment as reasonably estimated by Landlord under GAAP, which is made or becomes operational, as the case may be, after the completion of the construction of the Building and which have a reasonable probability of reducing the expenses which otherwise would be included in Operating Expenses; (xv) legal, accounting and other professional fees incurred in connection with operation, maintenance and management employees, of the Land and/or Building; (xvi) the cost of providing elevator service; (xvii) the cost of landscape and parking area maintenance and repair; (xviii) Taxes as defined in Section 4.3; and (Bxix) management office rentalall other charges properly allocable to the operation, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance of the structural portions Building in accordance with generally accepted accounting principles. Landlord shall use reasonable efforts to keep the Operating Expenses to a minimum while operating the Building in a first class manner consistent with other comparable Class A high-rise office buildings in the Portland, Oregon, central business district. Landlord shall use reasonable efforts to recover any portion of the buildings with Operating Expenses from any third party who is liable for the Project, including same other than under a lease for space in the plumbing, heating, ventilating, air-conditioning Building and electrical systems installed or furnished by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used in maintenance;credit any such recovery against Operating Expenses.

Operating Expenses. Throughout All costs incurred by Landlord, if any, for any of the Term following: (a) The operation, repair and maintenance, in neat, clean and good order and condition of (i) the Common Areas of the Project, including without limitation all parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways, landscaped areas, striping, bumpers, and irrigation systems, common area lighting facilities, and fences and gates; (ii) fire detection in the Project, including sprinkler system maintenance and repair; and (iii) unless allocated directly to Tenant pursuant to Section 8.1(b), the Building’s heating, ventilation and air conditioning (“HVAC”) systems. (b) To the extent any of the following services are provided for the Project, such as trash disposal (provided, however that Tenant pay for trash disposal specific to its use of the Premises if such use results in a disproportionately heavy use of the trash facilities for the Project), janitorial service, security services, gardening, painting, plumbing, electrical, carpentry, window washing, signage and equipment rental expenses, and any other service to be provided by Landlord that is elsewhere in the Lease stated to be an item of Operating Expenses. (c) Any deductible portion of an insured loss concerning any of the items or matters described in this LeaseSection. (d) Premiums for any insurance policies maintained by Landlord pursuant to Section 11 below. (e) Real Property Taxes to be paid by Landlord. (f) Utilities not separately metered to Tenant or other tenants of the Project. (g) Independent contractors for services (excluding capital improvements), commencing and compensation (including employment taxes and fringe benefits) of all persons who perform regular and recurring duties connected with day-to-day operation, maintenance and repair of the Project, provided such compensation is commercially reasonable. (h) Maintenance and repair of roofs, building walls, foundations, and all sewer and water facilities. (i) A property management fee in the amount of fifteen percent (15%) of the preceding items of Operating Expenses. (j) Dues and assessments payable to the Project’s property owners association (if any). (k) Upon completion of the future common areas of the Business Park, the costs and expenses of operation and maintenance thereof. The inclusion of the improvements, facilities and services set forth in the foregoing definition shall not be deemed Landlord’s representation that such improvements or facilities exist, nor shall it impose on Landlord any obligation either to have those improvements or facilities or to provide those services, unless the improvements or facilities already exist in the Project or Landlord already provides the services as of the Commencement Date, Tenant agrees or unless Landlord has agreed to pay Landlord do so elsewhere in the Lease. Capital improvements, as additional rent defined by Generally Accepted Accounting Practice (GAAP), are not included in accordance with the terms of this Paragraph 6Operating Expenses, Tenant's Share of Operating Expenses for the taxes and insurance for the Project and all costs and expenses of the operation, maintenance, repair, and replacement of the Project including, without limitation: except (i) any form of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal governmentas otherwise provided in this Lease, or any school, agricultural lighting, drainage or other improvement or special assessment district thereof; (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; (iii) water, sewer and for those that directly reduce other utility charges; (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 of the Lease; (v) waste disposal and janitorial services; (vi) security; (vii) labor; (viii) management costs including, without limitation: (A) wages and salaries (and payroll taxes and similar charges) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance of the structural portions of the buildings with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used Operating Expenses as defined in maintenance;this Section 2.16.

Operating Expenses. Throughout the Term of this Lease, commencing on the Commencement Date, Tenant agrees to pay Landlord as additional rent in accordance with the terms of this Paragraph 6Section 4, Tenant's Share of Operating Expenses for Expenses. As used in this Lease, the taxes and insurance for the Project and term "Operating Expenses" shall consist of all costs and expenses of for the ownership, operation, maintenance, repair, repair and replacement of the Project including, without as determined by Landlord utilizing standard accounting practices and calculated assuming the Project is one hundred percent (100%) occupied. Operating Expenses shall include the following costs by way of illustration but not limitation: (i) any form of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereofReal Property Taxes; (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; (iii) water, sewer and other utility charges; (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 Section 21 of the this Lease; (v) waste disposal and janitorial services; (vi) security; (vii) labor; (viii) management costs including, without limitation: (A) wages wages, salaries, pension payments, fringe benefits, uniforms and salaries dry-cleaning thereof (and payroll taxes taxes, insurance and similar chargescharges ) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management commercially reasonable management/administrative fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance of the structural all portions of the buildings with within the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenance, costs sweeping, repairs, resurfacing, and upkeep of all parking and other Common Areas; (xii) depreciation amortization on a straight line basis over the useful life (together with interest at the Interest Rate on the unamortized balance) of all capitalized expenditures which are: (A) reasonably intended to produce a reduction in operating charges or energy consumption; or (B) required under any governmental law or regulation that was not applicable to the Project at the time it was originally constructed; or (C) for replacement or restoration of any Project equipment and/or improvements needed to operate and/or maintain the Project at the same quality levels as prior to the replacement or restoration; (xiii) gardening and rental landscaping; (xiv) maintenance of signs (other than signs of tenants of the Project); (xv) personal property taxes levied on or attributable to personal property used in connection with the Common Areas; (xvi) reasonable accounting, audit, verification, legal and other consulting fees; and (xvii) any other costs and expenses of repairs, maintenance;, painting, lighting, cleaning, and similar items, including appropriate reserves.

Operating Expenses. Throughout Licensee shall pay to Licensor as Additional Fees during the Term hereof, in addition to the Base Annual Fee, Licensee’s proportionate share (“Proportionate Share”) of this Lease, commencing on the Commencement Date, Tenant agrees to pay Landlord as additional rent in accordance with the terms of this Paragraph 6, Tenant's Share of Operating Expenses for the taxes and insurance for the Project and all costs and expenses of payable by Licensor in connection with the operation, maintenance, repair, and replacement of the Project including, without limitation: (i) any form of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereof; (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; (iii) water, sewer and other utility charges; (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 of the Lease; (v) waste disposal and janitorial services; (vi) security; (vii) labor; (viii) management costs including, without limitation: (A) wages and salaries (and payroll taxes and similar charges) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair operation and maintenance of the structural portions Property (“Operating Expenses”), all in accordance with Exhibit C attached hereto. Notwithstanding any term, covenant or condition as set forth within Exhibit C or Article 6(b)(ii) (Compliance with Legal Requirements) below, Operating Expenses shall specifically exclude the following: (i) replacement of capital items not located on the Premises, (ii) expenses of leasing space, (iii) financing and refinancing costs and principal and interest payments on mortgages and deeds of trust, (iv) third party improvement costs, (v) costs and expenses covered by insurance, (vi) Licensor’s insurance deductible, (vii) depreciation, (viii) payments made to affiliates of Licensor, inside or related contractors and executives, (ix) income, profit, franchise, rent, sales, gift, estate, succession, inheritance, foreign ownership, foreign control, transfer, capital levy, and/or personal property taxes payable by Licensor, and any increases in Real Property Taxes (as hereinafter defined) that result from changes in ownership of the buildings with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; Property, (x) curing of construction defects, (xi) maintenance, costs and upkeep repairs and/or replacements of all parking and other Common Areas; the foundation or structural repairs of the buildings on the Property, (xii) depreciation any and all costs of Licensor in complying with its obligations under Article 6(b)(i) (Compliance with Legal Requirements), (xiii) any and all costs of Licensor in complying with its obligations under Article 27 (HSE Matters) including, without limitation, the costs and expenses of clean-up, remediation, environmental surveys/assessments, compliance with HSE Laws (as hereinafter defined), consulting fees, treatment and monitoring charges, transportation expenses and disposal fees, etc., (xiv) any and all costs of Licensor for repairs resulting from damage, destruction or condemnation covered by other provisions of this Agreement, (xv) rent under any ground or underlying lease, (xvi) any and all costs incurred by Licensor in connection with the transfer or disposition of Licensor’s interest in the Property, (xvii) any and all costs incurred by Licensor in connection with the enforcement of leases, (xviii) any and all costs incurred by Licensor in the operation of any health or exercise club or any luncheon or other restaurant, club or facility if said facilities are not accessible to Licensee, and (xix) the cost of any item or service which Licensee separately reimburses Licensor or pays to third parties. At any reasonable time and from time to time, Licensee, its authorized representatives and its accountants may examine Licensor’s books and records for the purpose of ascertaining the accuracy of Licensor’s invoices for Operating Expenses. Licensor’s books and records shall be maintained in accordance with generally accepted accounting principles consistently applied. In the event Licensee disagrees with the accuracy of Licensor’s invoice(s), Licensee shall pay only the amounts set forth on a straight line basis Licensor’s invoice not in dispute, and rental Licensor and Licensee shall thereafter diligently pursue resolution of personal property used in maintenance;the disputed amounts.

Operating Expenses. Throughout the Term of this Lease, commencing on the Commencement Date, Tenant agrees to pay Landlord as additional rent in accordance with the terms of this Paragraph 6, Tenant's Share of Operating Expenses for /or the taxes and insurance for the Project and all costs and expenses of the operation, maintenance, repair, and replacement of o/ the Project including, without limitation: (i) any form of real property tax assessment, license feetee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereof; (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; (iii) water, sewer and other utility charges; (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 of the Lease; (v) waste disposal and janitorial services; (vi) security; (vii) labor; (viii) management costs including, without limitation: (A) wages and salaries (and payroll taxes and similar charges) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management feestees; (ix) supplies, materials, equipment and tools including rental of o/ personal property; (x) repair and maintenance of o/ the structural portions of o/ the buildings with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenance, costs and upkeep of all ail parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used in maintenance;; (xiii) amortization on a straight line basis over the useful life [together with interest at the Interest Rate on the unamortized balance] of all capitalized expenditures which are: (A) reasonably intended to produce a reduction in operating charges or energy consumption; or (B) required under any governmental law or regulation that was not applicable to the Project at the time it was originally constructed; or (C) for replacement of any Project equipment needed to operate the Project at the same quality levels as prior to the replacement; (xiv) gardening and landscaping; (xv) maintenance of signs (other than signs of tenant's of the Project); (xvi) personal property taxes levied on or attributable lo personal property used in connection with the Common Areas; (xvii) reasonable accounting, audit, verification, legal and other consulting fees; and (xviii) costs and expenses of repairs, resurfacing, repairing, maintenance, painting, lighting, cleaning, refuse removal, security and similar items, including appropriate reserves

Operating Expenses. Throughout the Term of this Lease, commencing on the Commencement Date, Tenant agrees to pay Landlord as additional rent in accordance with the terms of this Paragraph 6P▇▇▇▇▇▇▇▇ ▇, Tenant's ▇▇▇▇▇▇’s Share of Operating Expenses for the taxes and insurance for the Project and all costs and expenses of for the operation, maintenance, repair, and replacement of the Project including, without limitation: (i) any form of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural agricultural, lighting, drainage or other improvement or special assessment district thereof, including, without limitation, any new taxes which are in substitution for or in addition to any current taxes payable hereunder; (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; (iii) water, sewer and other utility charges; (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 of the Lease; (v) waste disposal and janitorial services; (vi) security; (vii) labor; (viii) management costs including, without limitation: (A) wages and salaries (and payroll taxes and similar chargescharges ) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance of the structural portions of the buildings with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used in maintenance;; (xiii) amortization on a straight line basis over the useful life [together with interest at the Interest Rate on the unamortized balance] of all capitalized expenditures which are: (A) reasonably intended to produce a reduction in operating charges or energy consumption; or (B) required under any governmental law or regulation that was not applicable to the Project at the time it was originally constructed; or (C) for replacement of any Project equipment needed to operate the Project at the same quality levels as prior to the replacement; (xiv) gardening and landscaping; (xv) maintenance of signs (other than signs of tenants of the Project); (xvi) personal property taxes levied on or attributable to personal property used in connection with the Common Areas; (xvii) reasonable accounting, audit, verification, legal and other consulting fees in connection with the operation, maintenance, or repair of the Project; and (xviii) costs and expenses of repairs, resurfacing, repairing, maintenance, painting, lighting, cleaning, refuse removal, security and similar items, including appropriate reserves.

Operating Expenses. Throughout The term "operating expenses" as used herein shall include all of the Term of this Lease, commencing on the Commencement Date, Tenant agrees to pay Landlord as additional rent in accordance with the terms of this Paragraph 6, Tenant's Share of Operating Expenses for the taxes and insurance for the Project and all costs and expenses of the operation, maintenancerepair and maintenance of the Premises, repairthe Land, the Building, and replacement its interior and exterior common areas, and shall include by way of the Project includingillustration, without limitation: (i) any form of real property tax assessmentbut is not limited to, license feeall taxes, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition assessments and governmental charges of any kind or nature imposed whatsoever levied or assessed against the Land and the Building by any authority having the direct power to tax, including any citymunicipality, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereof; (ii) any governmental agency, all insurance premiums for commercial general liability, fire and extended coverage on the Building and the Land, utilities for the Premises and the common areas of the Building, including, electricity, gas, and water and sewer, all assessments under any covenantslawn, conditions interior common area, and restrictions affecting driveway and paved parking area maintenance related to the Project; (iii) waterLand upon which the Premises are located, sewer and other utility charges; (iv) costs for the streets and roadways providing access to the Building and the Land, management and supervisory fees, exterior lighting maintenance, snow removal, waste removal, repair and maintenance of insurance obtained paved areas, cleaning supplies, miscellaneous building supplies, sweeper brushes, supplies for materials used in common by all tenants of the complex in which the Premises are located, external paint for the Building, exterior and interior common area maintenance, elevator repair and maintenance, external plumbing for the Building, exterior lighting in common areas, insect and pest extermination, security guards for the complex in which the Premises are located, signs for the complex in which the Premises are located, fuel for vehicles and street sweepers used by Landlord pursuant to Paragraph 19 of in the Lease; (v) waste disposal complex in which the Premises are located and janitorial services; (vi) security; (vii) miscellaneous maintenance expenses, heat, air conditioning, labor; (viii) management costs including, without limitation: (A) wages and salaries (and payroll taxes and similar charges) of property management employees, and (B) management office rentalmaterials, supplies, equipment and related operating expenses tools, permits, licenses, inspection fees, window glass replacement and management fees; repair, compensation (ixincluding employment taxes and fringe benefits) supplies, materials, equipment and tools including rental of personal property; (x) repair and all persons who perform duties in connection with the operation and/or maintenance of the structural portions Building, and costs for janitorial expense and trash removal at the Premises. In the event the Building is one of several buildings located on the Land for tax assessment purposes, the amount of tax assessed against the Land and the buildings thereon shall be allocated amongst the buildings in proportion to the square footage of each building to the total amount of tax assessed, as reasonably determined by Landlord. For example, if the ad valorem taxes assessed for the Land and the buildings for a calendar year is $100,000.00, and two buildings occupy the Land with one building of 100,000 rentable square feet ("building A") and the other building of 70,000 rentable square feet ("building B"), the proportionate share for building A would be $58,823.53, and the proportionate share for building B would be $41,176.44. During the time that the Building is the only building located on the Land, the amount of ad valorem taxes assessed shall be allocated as follows: all taxes due for improvements to the Land shall be allocated to and paid by Tenant and all taxes due for the Land shall be shared by the Tenant and the Landlord based upon each party's proportionate share of the buildings with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used in maintenance;Land.

Operating Expenses. Throughout If Operating Expenses, as hereinafter defined, in any calendar year commencing with the Term calendar year specified in item 7.01(a) of Exhibit B, are more than the corresponding Operating Expenses during the Base Year (hereinafter, the “Base Year”) specified in item 7.01(b) of Exhibit B (the “Base Year Operating Expenses”), then Lessee shall pay to Lessor, as Additional Rent, Lessee’s Percentage Share, as defined below, of said Operating Expenses which exceed the Base Year Operating Expenses (“Excess Operating Expenses”), plus 5% of the Excess Operating Expenses as Lessor’s supervisory fee. For purposes of this LeaseSection 7.01, commencing on the Commencement Date, Tenant agrees to pay Landlord as additional rent in accordance with the terms of this Paragraph 6, Tenant's Share of Operating Expenses shall mean and include any and all actual operating expenses paid or incurred by the Lessor for the operation, maintenance and servicing of the Complex, including, but not limited to, the following: (i) The actual wages, salaries and benefits (including but not limited to vacation pay and union payments or benefits, if any) of all Complex employees engaged in the operation, repair and maintenance of the Complex, including employers’ social security taxes and insurance for any other taxes which may be levied on such wages and salaries; (ii) All supplies and materials used in the Project operation and maintenance of the Complex, including but not limited to janitorial and Complex supplies; (iii) The costs of all outside contractors providing services to the Complex, including, but not limited to, the following: security, pest control, plumbing, electrical, structural repair, elevator maintenance, rubbish removal, cleaning, snow removal, landscaping and signage and all costs of leasing equipment, machinery and expenses vehicles for use in or about or for the benefit of the operationComplex; (iv) Premiums paid on insurance for public liability, maintenanceworkers’ compensation, fire and extended coverage and other insurance attributable to the operation of the Complex; (v) Maintenance, repair, and replacement of furnishing, fixtures, equipment and machinery at, and/or used for servicing the Project including, without limitation: (i) any form of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereof; (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; (iii) water, sewer and other utility charges; (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 of the Lease; (v) waste disposal and janitorial services; Complex; (vi) securityThe costs of all other items of general operation, repair and maintenance incurred by Lessor, exclusive of expenses for alterations of the Complex for the accommodation of a specific tenant or tenants; however, this shall not exclude painting of vacant tenant the Premises which shall be considered a normal operating expense; (vii) laborThe cost of necessary office supplies and expenses, legal expense, telephone service and reasonable accounting fees; and (viii) management costs includingReal property taxes, without limitation: special district taxes, school taxes, assessments, special assessments and/or payments in lieu thereof assessed against the Complex or any portion hereof, any taxes on rents received from Lessees of the Complex and any personal property taxes assessed against equipment, machinery or vehicles used in or about the Complex or for the benefit thereof (A) wages “Taxes”), but shall not include any cost, such as property taxes, the actual cost of which is allocated to and salaries (and payroll taxes and similar charges) of property management employeespaid by Lessee, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair either by direct payment or reimbursement to Lessor. In the event any charges are not entirely attributable to the operation and maintenance of the structural portions Complex, Lessor shall make a reasonable allocation of such charges to the buildings with extent attributable to the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used in maintenance;Complex.

Operating Expenses. Throughout the Term of this Lease, commencing on the Commencement Date, Tenant agrees to shall pay Landlord as additional rent in accordance with the terms of this Paragraph 6Section 5, Tenant's Share of Operating Expenses for the taxes and insurance for the Building and the Project and for all costs and expenses of for the operation, ; maintenance, repair, repair and replacement of the Building and the Project including, without limitation: (i) any form of real property tax tax, assessment, license fee, license tax, business license fee, permit fee, inspection fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural agricultural, lighting, drainage or other improvement or special assessment district thereof; (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project, including without limitation assessments levied by the Community Association as provided in the Community Declaration, by the Pacific Park Association as provided in the Pacific Park Declaration, and by the Town Center Corporate Park Owners Association as provided in the Town Center Declaration; (iii) water, sewer and other utility charges, to the extent not separately metered, including without limitation any costs or expenses incurred in connection with a change in the Electric Service Provider or Alternate Service Provider pursuant to Section 7 of this Lease; (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 Section 13 of the this Lease; (v) waste disposal and janitorial servicesdisposal; (vi) securityjanitorial services for the common area within the Building; (vii) security; (viii) labor; (viiiix) management costs including, without limitation: (A) wages and salaries wages, salaries, fringe benefits (and payroll taxes and similar charges) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and commercially reasonable management and administrative fees; (ixx) supplies, materials, equipment and tools including rental of personal property; (xxi) repair and maintenance of the structural portions of the buildings with within the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord (if such repair and maintenance are Landlord's responsibility under Section 9.2 below); (xixii) maintenance, costs sweeping, lighting, repairs, resurfacing, and upkeep of all parking and other Common Areascommon areas; (xii) depreciation amortization on a straight line basis over the useful life (together with interest at the Interest Rate on the unamortized balance) of all capitalized expenditures which are: (A) reasonably intended to produce a reduction in operating charges or energy consumption; or (B) required under any governmental law or regulation that was not applicable to the Project at the time it was originally constructed; or (C) for replacement or restoration of any Project equipment and rental improvements needed to operate or maintain the Project at the same quality levels as prior to the replacement or restoration; (xiv) gardening and landscaping; (xv) maintenance of signs (other than signs of tenants of the Project); (xvi) personal property taxes levied on or attributable to personal property used in connection with the common areas; (xvii) reasonable accounting, audit, verification, environmental, insurance, tax, legal and other consulting fees; (xviii) any other costs and expenses of repairs, maintenance;, painting, lighting, cleaning, and similar items, including appropriate reserves; (xix) costs associated with the procurement and maintenance of air conditioning, heating and ventilation service agreements; (xx) procurement and maintenance of an intrabuilding cable network tenant information system for common use of all tenants within the Project, and any other installation, maintenance, repair and replacement costs associated with such lines; and (xxi) any expense incurred pursuant to Sections 5.2, 7, 8.2, 9.2 and 13 (collectively, the "OPERATING EXPENSES"). The foregoing list constitutes a nonexclusive list of costs and expenses Landlord may incur for the operation, maintenance, repair and replacement of the Building and the Project. The fact that an item is included in this list does not imply that any particular item or service will be provided by Landlord or that Landlord is obligated to incur any particular expense or provide any particular service.

Operating Expenses. Throughout [Illegible] operation, maintenance and repair of the Term Building and Property and of the heating, ventilation and air conditioning (“HVAC”), plumbing, electrical, utility and safety systems for the Common Areas and Building, including without limitation: compliance with Landlord’s obligations under Section 10.03(c) of this Lease; gardening and landscaping; snow removal; utility, commencing on the Commencement Datewater and sewage services; maintenance of signs (other than tenants’ signs); supplies, Tenant agrees to pay Landlord as additional rent in accordance with the terms of this Paragraph 6materials and equipment purchased or rented, Tenant's Share of Operating Expenses for the taxes total wage and insurance for the Project salary costs paid to, and all costs and expenses contract payments made on account of, all persons at or below the level of site or building manager to the extent engaged in the operation, maintenance, repairsecurity, cleaning and replacement repair of the Project Premises, including Social Security, old age and unemployment taxes and so-called “fringe benefits”; services furnished to tenants of the Building at Landlord’s expense and maintenance and repair of and services provided to or on behalf of the Building performed by Landlord’s employees or by other persons undo contract with Landlord; utilities consumed and expenses incurred in the operation, maintenance and repair of the Building including, without limitation: , oil, gas, electricity (i) any form other than electricity to tenants in their demised promises if Tenant is directly responsible for payment under this Lease on account of real property tax assessmentelectricity consumed by Tenant), license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereof; (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; (iii) water, sewer and other utility chargessnow removal; (iv) costs of insurance obtained incurred by Landlord to comply with the terms and conditions of the PTDM Agreement excqit to the extent excluded pursuant to Paragraph 19 of the LeaseSection 8.03; (v) waste disposal workers’ compensation insurance and janitorial servicesproperty and liability insurance; (vi) securitypersonal property taxes; (vii) labor; (viii) management costs including, without limitation: (A) wages and salaries (and payroll taxes and similar charges) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance of the structural portions of the buildings with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished lease payments paid by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of Landlord for rented or leased personal property used in maintenance;the operation or maintenance of the Common Areas or Building; fees for required licenses and permits; routine maintenance and repair of roof membrane, flashings, gutters, downspouts, roof drains, skylights and waterproofing; maintenance and repair of loading docks, parking areas and paving (including sweeping, striping, repairing, resurfacing, and repaving); general maintenance and repair, painting; lighting; cleaning; refuse removal; security and similar items; reserves for roof replacement, exterior painting and other appropriate reserves; and property management fees. Landlord may use third parties or affiliates to perform any of these services, and the cost thereof to the extent the same does not exceed the market costs of such services rendered by unaffiliated third parties shall be included in Operating Expenses. Landlord shall make a reasonable allocation of the cost of any Operating Expenses incurred jointly for the Property and any other property. In addition, if Landlord from time to time repairs or replaces any existing improvements or equipment to the Building (including without limitation energy conservation improvements or other improvements), then the cost of such items that are treated as capital expenses pursuant to generally accepted accounting principles shall be amortized over their reasonable life, together with an actual or imputed interest rate (at the level then being charged by institutional first mortgagees for new permanent first mortgage loans on buildings in the area which are similar to the Building) and included in Operating Expenses. [Illegible] the cost of repairs or other work incurred by reason of fire, windstorm or other casualty to the extent Landlord is reimbursed for such costs by insurance or would have been reimbursed if Landlord maintained insurance in the manner required by this Lease, except for reasonable deductibles paid under insurance policies maintained by Landlord; costs associated with the operation of the business of Landlord and/or the sale and/or financing of the Building, as distinguished from the cost of Building operations, maintenance and repair; costs of disputes between Landlord and its employees, tenants or contractors; any ground or underlying lease rental; bad debt expenses and interest, principal, points and fees on debts or amortization on any mortgage or other debt instrument encumbering the Building or the Property; costs of any new improvements or equipment added to the Building (including without limitation energy conservation improvements or other improvements) that under generally accepted accounting principles are properly classified as capital expenditures except to the extent such items (a) will, in Landlord’s reasonable estimate, result in a reduction in Operating Expenses (in which case Landlord shall only include each year in Operating Expenses the amount of Landlord’s reasonable estimate of such annual reduction in Operating Expenses, but may recover the aggregate of such anticipated annual savings over the course of 12 months in equal installments, rather than over the useful life of such capital item) or (b) are required by changes in law occurring after the Delivery Date; provided, however, if Landlord leases any items of new capital equipment, then the rentals and other costs paid pursuant to such leasing shall be included in Operating Expenses for the expense year in which they were incurred; costs incurred by Landlord to the extent that Landlord is reimbursed by insurance proceeds or is otherwise reimbursed by third parties; depreciation, interest payments, and amortization, except on equipment, materials, tools, supplies and vendor-type equipment purchased by Landlord to enable Landlord to supply services Landlord might otherwise contract for with a third party where such depreciation, amortization and interest payment would otherwise have been included in the charge for such third party’s services, all as determined in accordance with generally accepted accounting principles, consistently applied, and when depreciation or amortization is permitted or required, the item shall be amortized over its reasonably anticipated useful life; advertising and promotional expenditures, and costs of acquisition and maintenance of signs in or on the Building identifying the owner of the Building or tenants; marketing costs, including leasing commissions, attorneys’ fees (in connection with the negotiation and preparation of letters of intent, leases, subleases and/or assignments), space planning costs, and other costs and expenses incurred in connection with lease, sublease and/or assignment negotiations and transactions with present or prospective tenants or other occupants of the Building; costs, including permit, license and inspection costs, incurred with respect to the installation of tenants’ or other occupants’ improvements or incurred in renovating or otherwise improving, decorating, painting or redecorating vacant space for tenants or other occupants of the Building; expenses in connection with services or other benefits that are not offered to Tenant or for which Tenant is charged for directly; costs incurred by Landlord due to the violation by Landlord or any tenant of terms and conditions of any lease of space in the Building; management fees paid or charged by Landlord in connection with the management of the Building to the extent such management fee is in excess of the management fee customarily paid or charged by landlords of comparable buildings in the vicinity of the Building; salaries and other benefits paid to the employees of Landlord to the extent customarily included in or covered by a management fee, provided that in no event shall Operating Expenses include salaries and/or benefits attributable to personnel above the level of site or building manager, rent for any office space occupied by Building management personnel to the extent the size of such space exceeds 750 rentable square feet or the rental rate for such office space exceeds the fair market rental value of office space occupied by management personnel of comparable buildings in the vicinity of the Building; amounts paid to Landlord or to subsidiaries or affiliates of Landlord for goods and/or services in the Building to the extent the same exceeds the costs of such goods and/or services rendered by unaffiliated third parties on a competitive basis; Landlord’s general corporate overhead and general and administrative expenses; services provided, taxes attributable to, and costs incurred in connection with the operation of any retail, restaurant and garage operations for the Building, and any replacement garages or parking facilities; costs incurred in connection with upgrading the Building to comply with laws, rules, regulations and codes in effect prior to the Delivery Date; all assessments and premiums that are not specifically charged to Tenant because of what Tenant has done, which can be paid by Landlord in installments, shall be paid by Landlord and not included as Operating Expenses except in the year in which the assessment or premium installment is actually paid; costs arising from latent defects in the Base Building Work or Finish Work or repair thereof; costs associated with the operation of the business of the entity which constitutes Landlord as the same are distinguished from the costs of operation of the Building, including accounting and legal matters, costs of defending any lawsuits with any mortgage (except as the actions of Tenant may be in issue); costs of selling, syndicating, financing, mortgaging or hypothecating any of Landlord’s interest in the Building; costs incurred in connection with any disputes between Landlord and its employees, between Landlord and Building management, or between Landlord and other tenants or occupants; costs arising from the gross negligence or willful misconduct of Landlord or other tenants or occupants of the Building or their respective agents, employees, licensees, vendors, contracted or providers of materials or services; and costs for sculpture, paintings, or other objects of art exceeding those costs which are reasonably and customarily incurred by landlords of similar buildings in the same geographic area of the Building. Tenant shall pay Tenant’s Pro Rata Share of Operating Expenses in accordance with Section 4.02.

Operating Expenses. Throughout All costs incurred by Landlord, if any, for any of the Term following: (a) The operation, repair and maintenance, in neat, clean and good order and condition of (i) the Premises, including without limitation all parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways, landscaped areas, striping, bumpers, and irrigation systems, common area lighting facilities, and fences and gates; (ii) fire detection in the Premises, including sprinkler system maintenance and repair; and (iii) unless allocated directly to Tenant pursuant to Section 8.1(b), the heating, ventilation and air conditioning ("HVAC") systems serving the Premises. (b) To the extent any such services are provided, trash disposal, security services, gardening, painting, plumbing, electrical, carpentry, window washing, signage and equipment rental expenses, and any other service to be provided by Landlord that is elsewhere in the Lease stated to be an item of Operating Expenses. (c) Any deductible portion of an insured loss concerning any of the items or matters described in this LeaseSection. (d) Premiums for any insurance policies maintained by Landlord pursuant to Section 11 below. (e) Real Property Taxes to be paid by Landlord. (f) Independent contractors for services (excluding capital improvements),and compensation (including employment taxes and fringe benefits) of all persons who perform regular and recurring duties connected with day-to-day operation, commencing maintenance and repair of the Premises, provided such compensation is commercially reasonable. (g) Maintenance and repair of roofs, building walls, foundations, and all sewer and water facilities. The inclusion of the improvements, facilities and services set forth in the foregoing definition shall not be deemed Landlord's representation that such improvements or facilities exist, nor shall it impose on Landlord any obligation either to have those improvements or facilities or to provide those services, unless the improvements or facilities already exist in the Premises or Landlord already provides the services as of the Commencement Date, Tenant agrees or unless Landlord has agreed to pay Landlord as additional rent do so elsewhere in accordance with the terms of this Paragraph 6, Tenant's Share of Operating Expenses for the taxes and insurance for the Project and all costs and expenses of the operation, maintenance, repair, and replacement of the Project including, without limitation: (i) any form of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereof; (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; (iii) water, sewer and other utility charges; (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 of the Lease; (v) waste disposal and janitorial services; (vi) security; (vii) labor; (viii) management costs including, without limitation: (A) wages and salaries (and payroll taxes and similar charges) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance of the structural portions of the buildings with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used in maintenance;.

Operating Expenses. Throughout (a) Tenant shall pay to Landlord during the Term term of this Lease as additional rent [tenant’s percentage share of common operating expenses] (“Tenant’s Share”) of all Operating Expenses, as defined in this Lease, commencing on the Commencement Date, Tenant agrees to pay Landlord as additional rent incurred in accordance connection with the terms operation of this Paragraph 6, Tenant's Share the Building or incurred in connection with the operation of Operating Expenses for the taxes and insurance for the Project and fairly allocable to the Building. (b) As used in this Lease, “Operating Expenses” means (i) all costs and expenses incurred by Landlord for the following: (A) the maintenance, repair, operation, and replacement of the Building’s heating, ventilation or air conditioning systems; (B) the maintenance, repair, cleaning, resurfacing, or painting, as appropriate, of the Building’s roof and walls; (C) the premiums paid to maintain the casualty and liability insurance carried by Landlord covering the Project pursuant to this Lease; (D) the provision of utilities to the Common Areas, including but not limited to gas, electricity, garbage and trash removal, and water for irrigation; (E) the maintenance of all landscaping in the Common Areas, including the installation and maintenance of irrigation system the planting and maintenance of shrubs, trees, flowering plants, and ground cover; (F) the compliance with all Laws; (G) the operation, maintenance, repair, cleaning, painting, and replacement resurfacing of the parking lots included in the Common Areas; (H) the installation, repair, and maintenance of all light fixtures and signs located in the Common Areas and on or in the Building; (I) the provision of security to the Building and the Common Areas; (J) the maintenance of all parking areas, roadways, sidewalks, walkways, driveways, striping, fences, and gates contained in the Common Areas; (K) the establishment and maintenance of directories of tenants in the Building and the Project; and (L) the maintenance and repair of all fire prevention and detection systems, including smoke detectors and sprinkler systems. (ii) management fees, whether for services rendered by Landlord, an affiliate of Landlord, Landlord’s employees, or a third- party property manager hired by ▇▇▇▇▇▇▇▇, provided that the total amount of management fees includable in Operating Expenses for purposes of this Lease shall not exceed [describe limit on pass-through of management fees]; (iii) Property Taxes paid by Landlord under this Lease; (iv) the amount of any deductible paid by Landlord in connection with an insured loss resulting from damage to the Project; (v) the amount of any uninsured loss resulting from damage to the Project; and (vi) all additional costs and expenses incurred by Landlord in connection with the operation, maintenance, repair, replacement, and protection of the Project including, without limitation: (i) any form of real property tax assessment, license fee, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power that would be considered a current expense according to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereof; (ii) any and all assessments under any covenants, conditions and restrictions affecting the Project; (iii) water, sewer and other utility charges; (iv) costs of insurance obtained by Landlord pursuant to Paragraph 19 of the Lease; (v) waste disposal and janitorial services; (vi) security; (vii) labor; (viii) management costs including, without limitation: (A) wages and salaries (and payroll taxes and similar charges) of property management employees, and (B) management office rental, supplies, equipment and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair and maintenance of the structural portions of the buildings with the Project, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord; (xi) maintenance, costs and upkeep of all parking and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property used in maintenance;generally accepted accounting principles.

Operating Expenses. Throughout (a) Initially, the Term estimated “Operating Expense Factor” equals to $1.41 per square foot of this Leasethe Premises, commencing on for the calendar year in which the Commencement DateDate occurs, Tenant agrees to pay Landlord as additional rent cover Tenant’s Share (see Section 1) of the projected Operating Expenses. With respect to Operating Expenses, the parties agree to the following: (i) The term “Operating Expenses” used in accordance this Lease Agreement represents the total annualized cost of operating the Building/Center including, but is not limited to, Common Maintenance and Service Costs, Real Estate Taxes and Assessments, Insurance Premiums, accounting, property management fees and other reasonable costs associated with the terms management and operation of this Paragraph 6the Building/Center. Said term shall not include depreciation on any improvement, Tenant's Share any capital expenses or improvements except all net expenses properly allocable for any capital improvement incurred which actually reduce or limit increases in Operating Expenses, which expenses shall be repaid in equal monthly installments together with interest at applicable rates over the useful capital life of the capital improvement not to exceed ten (10) years. Notwithstanding anything to the contrary contained herein, the Operating Expenses exclude (1) leasing costs, consulting fees, brokerage commissions, legal fees, vacancy costs, rent or other concessions, and/or refurbishment or improvement expenses which are incurred in connection with other tenants’ spaces or the enforcement and negotiation of leases; (2) to the extent not caused by the unique type and nature of Tenant’s operations and use of the Premises, the cost of compliance with laws, rules and regulations or orders of any governmental or quasi-governmental authority having jurisdiction over the Premises; (3) financing costs, debt service or ground lease payments for the taxes Center; (4) acquisition costs or any depreciation of land and insurance for the Project and all costs and expenses buildings of the operation, maintenance, repair, and replacement Center or the common areas; (5) costs of repairing any portion of the Project Center due to defective construction; (6) costs, fees and compensation paid by or to Landlord for services in or to the Center, exceeding those charged by unaffiliated third parties on a competitive basis: (7) costs incurred because the Center or common areas violate any valid, applicable building code, regulation or law in effect and as interpreted by governmental authorities, including, without limitation: (i) any form , laws requiring sprinkler installation and requirements under the Americans With Disabilities Act of real property tax assessment1990, license feeas may be amended, license tax, business license fee, commercial rental tax, levy, charge, improvement bond or similar imposition of any kind or nature imposed by any authority having the direct power to tax, including any city, county, state or federal government, or any school, agricultural lighting, drainage or other improvement or special assessment district thereofand regulations promulgated thereunder; (ii8) reserves maintained in connection with the Center; (9) any and all assessments under any covenantscollection costs, conditions and restrictions affecting the Projectincluding legal fees and/or bad debt losses or reserves therefor; (iii10) water, sewer any otherwise permissible fees or costs to the extent in excess of prevailing and other utility chargescompetitive rates; (iv11) costs of insurance obtained incurred by Landlord pursuant to Paragraph 19 the extent that Landlord is reimbursed by insurance proceeds, governmental agencies or entities, or any tenant or other person (other than reimbursement as part of Operating Expenses); (12) costs, including compensation paid to clerks, attendants or other persons, in connection with any commercial concession operated by Landlord, provided that if such costs relate to the operation of the Leaseparking areas, Landlord may include Landlord’s reasonable out-of-pocket costs thereof in Operating Expenses to the extent in excess of parking gross revenues; (v13) waste disposal advertising and janitorial servicespromotional expenditures, and any acquisition or construction costs of signs in or on the Center identifying the owner of the Center; (vi14) securitycosts arising from the negligence of Landlord or its contractors, agents or employees, including the payment of any claims or damages; (vii15) laborLandlord’s general corporate or partnership overhead and general administrative expenses; (viii16) management costs includingarising from the presence of any hazardous materials in or about the Center, without limitation: (A) wages and salaries (and payroll taxes and similar charges) of property management employees, including the Premises; and (B17) management office rental, supplies, equipment any costs or expenses resulting from Landlord’s violation of any agreement to which it is a party or any applicable law. (ii) The term “Common Maintenance and related operating expenses and management fees; (ix) supplies, materials, equipment and tools including rental of personal property; (x) repair Service Costs” shall include without limitation routine cleaning and maintenance of the structural portions exterior of the buildings with Premises to include periodic window cleaning; the Projectcleaning, including maintenance and sweeping of the plumbingparking lot and sidewalks; the care and maintenance of the landscaping and landscaped areas to include the retention pond areas, heatingconduits, ventilating, air-conditioning pumps and electrical systems installed or furnished by Landlordirrigation systems; (xi) maintenance, costs and upkeep of all parking common area lighting and other Common Areas; (xii) depreciation on a straight line basis and rental of personal property utility charges for utilities used in maintenance;the common areas, if any; domestic and irrigation water, and sanitary sewer charges and assessments; rubbish collection, if any; painting; and any other costs customarily considered as common repair, maintenance and service costs.