Common use of Outside Area Clause in Contracts

Outside Area. Effective as of November 1, 1995, the Premises shall be expanded to include that certain area located outside of the Building and consisting of approximately three hundred seventy-five (375) square feet as outlined on Exhibit “B” attached hereto and made a party hereof (“Outside Area”). Tenant shall be entitled to use, operate and maintain the equipment in the Outside Area shown on Exhibit “B” (collectively, the “Outside Area Equipment”). Tenant’s use of the Outside Area Equipment is subject to Tenant’s receipt of ▇▇▇▇▇▇ ▇▇▇▇▇ SCIENCE PARK [DEPOTECH] all applicable governmental permits and approvals and Tenant shall, at Tenant’s sole cost and expense, comply with any governmental laws, rules and regulations applicable to the Outside Area and the Outside Area Equipment. Tenant shall not add any additional equipment to the Outside Area without Landlord’s prior written consent, which consent shall be granted or denied within thirty (30) days after Landlord’s receipt of a written request from Tenant. The Outside Area shall be considered to be a part of the Premises for all purposes under the Lease, including, without limitation, Tenant’s indemnification obligations under Section 7.2 of the Lease and the exemption of Landlord from liability under Section 7.3 of the Lease and Tenant shall, notwithstanding anything to the contrary contained in the Lease, be solely responsible for (i) maintenance and repair of the Outside Area and the Outside Area Equipment, and (ii) any utilities and services to the Outside Area. Tenant shall, promptly after full execution and delivery of this First Amendment, but in no event later than January 1, 1996, at Tenant’s sole cost and expense, add a chain-link fence from the top of the existing block wall around the Outside Area to the existing roof of the Outside Area in order to completely enclose the Outside Area. Landlord shall have the option to provide written notice to Tenant prior to the expiration or earlier termination of the Lease Term specifying those items of the Outside Area Equipment and/or the surrounding block wall and chain-link fence which must be removed by Tenant, in which case Tenant shall remove such items, at Tenant’s sole cost and expense, prior to the expiration or earlier termination of the Lease Term and shall repair any damage to the Outside Area resulting from such removal. If Landlord does not provide such written notice to Tenant prior to the expiration or earlier termination of the Lease Term, then upon the expiration or earlier termination of the Lease Term, the Outside Area Equipment shall become the property of Landlord; furthermore, if Landlord does provide such written notice to Tenant prior to the expiration or earlier termination of the Lease Term but such written notice does not specify all of the Outside Area Equipment and/or surrounding block wall and chain-link fence, then those items not specified by Landlord for removal shall become Landlord’s property upon the expiration or earlier termination of the Lease Term. Basic Monthly Rent applicable to the Outside Area shall be Two Hundred Forty-Three and 75/100 Dollars ($243.75) per month throughout the Lease Term, which Basic Monthly Rent shall be payable in accordance with Section 3.1 of the Lease. Basic Monthly Rent applicable to the Outside Area for the month of November, 1995 shall be paid by Tenant concurrently with Tenant’s execution and delivery of this First Amendment.

Outside Area. Effective Subject to the terms and conditions contained in this Section 5.4 and elsewhere in this Lease, and subject to Tenant obtaining and maintaining all necessary and applicable governmental approvals, commencing as of November 1the Lease Commencement Date, 1995Tenant shall have a license during the Lease Term for the exclusive use of certain space in the Common Area (the "Outside Area"), the location to be mutually and reasonably agreed upon by Landlord and Tenant, for the construction (as a Tenant Improvement or an Alteration) of a shed for the storage of Hazardous Materials used in Tenant's operations from the Premises for the Permitted Use and disclosed in the Environmental Questionnaire. The Outside Area shall not be included in the rentable square feet of the Premises for purposes of this Lease. The license to use the Outside Area granted to Tenant hereby is personal to the Original Tenant and any Permitted Transfer Assignee, and shall not be otherwise assigned, sublet or otherwise transferred in any way or manner. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Outside Area or the compliance of the Outside Area with any Applicable Laws. Tenant shall have the right, at Tenant's sole cost and expense, to alter, change or make improvements to the Outside Area (as an Alteration), subject to Landlord's reasonable approval; provided, however, that Tenant shall be expanded to include that certain area located outside responsible, at its sole cost and expense, for the maintenance and repair of the Building and consisting of approximately three hundred seventy-five (375) square feet as outlined on Exhibit “B” attached hereto and made a party hereof (“Outside Area”. Tenant acknowledges and agrees that although Tenant shall have the exclusive license to use the Outside Area during the Lease Term, Landlord shall have no obligation to enforce Tenant's exclusive use of the Outside Area, and neither Landlord nor the Landlord Parties shall in no event be liable for, and Landlord and the Landlord Parties are hereby released from any responsibility for, any personal injury or property damage sustained by Tenant in connection with or arising from any acts or omissions with regard to the admission or exclusion from the Outside Area of any person; provided, however, that Landlord hereby covenants and agrees that it shall not grant any third party the right to use the Outside Area during the Lease Term, as the same may be extended. Tenant shall keep the Outside Area clean of all trash and debris and shall also keep the surrounding areas clean of debris and trash arising from the use of the Outside Area. Tenant agrees, at its own expense, to pay for all utilities used by Tenant in the Outside Area (including, without limitation, all sales, use and other taxes (but excluding real property taxes) imposed thereon by any governmental authority). Tenant shall remove any personal property from the Outside Area upon the expiration or earlier termination of this Lease, or upon the termination of Tenant's license under this Section 5.4, and shall repair any damage to the Premises and Building caused by such removal. Except as otherwise set forth in this Lease or required by Applicable Laws, Tenant shall not be entitled permitted to usedisplay any graphics, operate and maintain signs or insignias or the equipment like in the Outside Area shown on Exhibit “B” (collectively, the “Outside Area Equipment”)Area. Tenant’s 's use of the Outside Area Equipment is shall be subject to such reasonable additional rules, regulations and restrictions as Landlord may make from time to time concerning the Outside Area. Except as expressly set forth in this Section 5.4, all of the terms, conditions, limitations and restrictions contained in this Lease pertaining to the Premises and Tenant's use thereof (excluding Tenant’s receipt of ▇▇▇▇▇▇ ▇▇▇▇▇ SCIENCE PARK [DEPOTECH] all applicable governmental permits and approvals and Tenant shall, at Tenant’s sole cost and expense, comply with any governmental laws, rules and regulations applicable obligation to pay Base Rent) shall apply equally to the Outside Area and the Outside Area Equipment. Tenant shall not add any additional equipment to the Outside Area without Landlord’s prior written consent, which consent shall be granted or denied within thirty (30) days after Landlord’s receipt of a written request from Tenant. The Outside Area shall be considered to be a part of the Premises for all purposes under the Lease's use thereof, including, without limitation, Tenant’s indemnification 's repair and maintenance obligations under set forth in Section 7.2 7.1, Tenant's responsibilities and obligations with respect to Hazardous Materials set forth in Section 5.3, Tenant's indemnity of Landlord set forth in Section 10.1, and Tenant's insurance obligations set forth in Article 10. The license to use the Outside Area granted to Tenant hereby shall be revocable by Landlord for cause upon written notice to Tenant, and Landlord thereafter shall have the right to prevent Tenant's access thereto. As used in this Section 5.4, "cause" shall include, without limitation, any of the Lease and the exemption of Landlord from liability under Section 7.3 of the Lease and Tenant shall, notwithstanding anything to the contrary contained in the Lease, be solely responsible for following: (i) maintenance and repair Landlord's good faith determination that the license granted hereby and/or the use of the Outside Area threatens the safety and/or security of persons or property or endangers or otherwise interferes with the use and occupancy of the Outside Area EquipmentBuilding or Project by Landlord, and its employees, agents or contractors or other tenants or occupants of the Building or the Project; (ii) the license granted hereby constitutes a violation of or otherwise conflicts with any utilities and services to the Outside Area. law, statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated (unless Tenant shall, promptly after full execution and delivery of this First Amendment, but in no event later than January 1, 1996, at Tenant’s sole cost and expense, add a chain-link fence from the top of the existing block wall around the Outside Area to the existing roof changes its use of the Outside Area in order to completely enclose comply with such law, statute, ordinance or other governmental rule, regulation or requirement), or results in increased rates of insurance for the Outside Area. Landlord shall have Building or Project (unless Tenant pays the option cost of such increased rates to provide written Landlord); (iii) this Lease is terminated for any reason; or (iv) Tenant fails, after any applicable notice and cure period expressly set forth in this Lease, to Tenant prior to the expiration or earlier termination comply with any of the terms, conditions, limitations or restrictions contained in this Section 5.4 or elsewhere in this Lease Term specifying those items of the Outside Area Equipment and/or the surrounding block wall and chain-link fence which must be removed by Tenant, in which case Tenant shall remove such items, at Tenant’s sole cost and expense, prior to the expiration or earlier termination of the Lease Term and shall repair any damage apply to the Outside Area resulting from such removal. If Landlord does not provide such written notice to Tenant prior to the expiration or earlier termination of the Lease Term, then upon the expiration or earlier termination of the Lease Term, the Outside Area Equipment shall become the property of Landlord; furthermore, if Landlord does provide such written notice to Tenant prior to the expiration or earlier termination of the Lease Term but such written notice does not specify all of the Outside Area Equipment and/or surrounding block wall and chain-link fence, then those items not specified by Landlord for removal shall become Landlord’s property upon the expiration or earlier termination of the Lease Term. Basic Monthly Rent applicable to the Outside Area shall be Two Hundred Forty-Three and 75/100 Dollars ($243.75) per month throughout the Lease Term, which Basic Monthly Rent shall be payable in accordance with Section 3.1 of the Lease. Basic Monthly Rent applicable to the Outside Area for the month of November, 1995 shall be paid by Tenant concurrently with Tenant’s execution and delivery of this First Amendment's use thereof.

Outside Area. Effective as of November 1, 1995, the Premises shall be expanded to include that certain area located outside of the Building and consisting of approximately three hundred seventy-five (375) square feet as outlined on Exhibit “B” attached hereto and made a party hereof (“Outside Area”). Tenant shall be entitled to use, operate and maintain the equipment in the Outside Area shown on Exhibit “B” (collectively, the “Outside Area Equipment”). Tenant’s use of the Outside Area Equipment is subject to Tenant’s receipt of ▇▇▇▇▇▇ ▇▇▇▇▇ SCIENCE PARK [DEPOTECH] all applicable governmental permits and approvals and Tenant shall, at Tenant’s sole cost and expense, comply with any governmental laws, rules and regulations applicable to the Outside Area and the Outside Area Equipment. Tenant shall not add any additional equipment to the Outside Area without Landlord’s prior written consent, which consent shall be granted or denied within thirty (30) days after Landlord’s receipt of a written request from Tenant. The Outside Area shall be considered to be a part of the Premises for all purposes under the Lease, including, without limitation, Tenant’s indemnification obligations under Section 7.2 of the Lease and the exemption of Landlord from liability under Section 7.3 of the Lease and Tenant shall, notwithstanding anything to the contrary contained in the Lease, be solely responsible for (i) maintenance and repair of the Outside Area and the Outside Area Equipment, and (ii) any utilities and services to the Outside Area. Tenant shall, promptly after full execution and delivery of this First Amendment, but in no event later than January 1, 1996, at Tenant’s sole cost and expense, add a chain-link fence from the top of the existing block wall around the Outside Area to the existing roof of the Outside Area in order to completely enclose the Outside Area. Landlord shall have the option to provide written notice to Tenant prior to the expiration or earlier termination of the Lease Term specifying those items of the Outside Area Equipment and/or the surrounding block wall and chain-link fence which must be removed by Tenant, in which case Tenant shall remove such items, at Tenant’s sole cost and expense, prior to the expiration or earlier termination of the Lease Term and shall repair any damage to the Outside Area resulting from such removal. If Landlord does not provide such written notice to Tenant prior to the expiration or earlier termination of the Lease Term, then upon the expiration or earlier termination of the Lease Term, the Outside Area Equipment shall become the property of Landlord; furthermore, if Landlord does provide such written notice to Tenant prior to the expiration or earlier termination of the Lease Term but such written notice does not specify all of the Outside Area Equipment and/or surrounding block wall and chain-link fence, then those items not specified by Landlord for removal shall become Landlord’s property upon the expiration or earlier termination of the Lease Term. Basic Monthly Rent applicable to the Outside Area shall be Two Hundred Forty-Three and 75/100 Dollars ($243.75) per month throughout the Lease Term, which Basic Monthly Rent shall be payable in accordance with Section 3.1 of the Lease. Basic Monthly Rent applicable to the Outside Area for the month of November, 1995 shall be paid by Tenant concurrently with Tenant’s execution and delivery of this First Amendment.

Outside Area. Effective Subject to the terms and conditions contained in this Section 15.17 and elsewhere in this Lease, and subject to Tenant obtaining and maintaining all necessary and applicable governmental approvals, commencing as of November 1the Commencement Date, 1995, Tenant shall have an exclusive license during the Premises shall be expanded to include that Lease Term for the exclusive use of certain area located outside of space in the Building and consisting of approximately three hundred seventy-five Common Area (375) square feet as outlined on Exhibit “B” attached hereto and made a party hereof (the “Outside Area”), as generally set forth on Exhibit A attached hereto, for the storage of tanks and other equipment used in Tenant’s operations from the Premises for the Permitted Use. Tenant The Outside Area shall not be entitled included in the floor area of the Premises for purposes of this Lease. The exclusive license to use, operate and maintain the equipment in use the Outside Area shown on Exhibit “B” (collectivelygranted to Tenant hereby is personal to the Tenant originally named in this Lease, the “Outside Area Equipment”)any transferee pursuant to a Permitted Transfer and any transferee pursuant to a Transfer approved by Landlord, and shall not be otherwise assigned, sublet or otherwise transferred in any way or manner. Tenant’s use Tenant acknowledges that it has been and is currently in possession of the Outside Area Equipment pursuant to the Existing Lease and is subject fully aware of the condition of the Outside Area and, therefore, Tenant shall continue to Tenant’s receipt accept the Outside Area in its “as-is” condition as of ▇▇▇▇▇▇ ▇▇▇▇▇ SCIENCE PARK [DEPOTECH] all the Commencement Date, and Landlord shall not be obligated to provide or pay for any work or services related to the improvement of the Outside Area. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Outside Area or the compliance of the Outside Area with any applicable governmental permits and approvals and Laws. Tenant shallshall have the right, at Tenant’s sole cost and expense, comply to alter, change or make improvements to the Outside Area, subject to Landlord’s approval, which approval shall not be unreasonably withheld, conditioned or delayed; provided, however, that Tenant shall be responsible, at its sole cost and expense, for the maintenance and repair of the Outside Area (except to the extent the same are necessitated by the active or gross negligence or willful misconduct of Landlord or a Landlord Party). Tenant acknowledges and agrees that although Tenant shall have the exclusive license to use the Outside Area during the Lease Term, Landlord shall have no obligation to enforce Tenant’s exclusive use of the Outside Area, and neither Landlord nor the Landlord Parties shall in no event be liable for, and Landlord and the Landlord Parties are hereby released from any responsibility for, any personal injury or property damage sustained by Tenant in connection with or arising from any acts or omissions with regard to the admission or exclusion from the Outside Area of any person; provided, however, that Landlord hereby covenants and agrees that it shall not grant any third party the right to use the Outside Area or to install any equipment or structure on the Outside Area during the Lease Term, as the same may be extended, and shall reasonably cooperate with Tenant at no cost to Landlord to enforce Tenant’s exclusive license to use the Outside Area. Tenant shall keep the Outside Area clean of all trash and debris and shall also keep the surrounding areas clean of debris and trash arising from the use of the Outside Area. Tenant agrees, at its own expense, to pay for all utilities used by Tenant in the Outside Area (including, without limitation, all sales, use and other taxes (but excluding real property taxes) imposed thereon by any governmental lawsauthority). Tenant shall remove any personal property from the Outside Area upon the expiration or earlier termination of this Lease, or upon the termination of Tenant’s license under this Section 15.17, and shall repair any damage to the Premises and Building caused by such removal, reasonable wear and tear and damage caused by any peril or condemnation excepted. Except as set forth in Section 4.4, above, Tenant shall not be permitted to display any graphics, signs or insignias or the like in the Outside Area. Tenant’s use of the Outside Area shall be subject to such reasonable additional rules and regulations applicable as Landlord may make from time to time concerning the Outside Area; provided, however, that to the extent there is a conflict between such rules and regulations and the provisions of this Section 15.17, the provisions of this Section 15.17 shall govern and control. Landlord hereby acknowledges and agrees that Tenant’s use of the Outside Area as of the Effective Date of this Lease is acceptable. Except as expressly set forth in this Section 15.17, all of the terms, conditions, limitations and restrictions contained in this Lease pertaining to the Premises and Tenant’s use thereof (excluding Tenant’s obligation to pay Base Monthly Rent and the determination of Tenant’s Share) shall apply equally to the Outside Area and the Outside Area Equipment. Tenant shall not add any additional equipment to the Outside Area without LandlordTenant’s prior written consent, which consent shall be granted or denied within thirty (30) days after Landlord’s receipt of a written request from Tenant. The Outside Area shall be considered to be a part of the Premises for all purposes under the Leaseuse thereof, including, without limitation, Tenant’s indemnification repair and maintenance obligations under set forth in Section 7.2 6.1, Tenant’s responsibilities and obligations with respect to Hazardous Materials set forth in Section 7.2, Tenant’s indemnity of Landlord set forth in Sections 7.2E and 10.3, and Tenant’s insurance obligations set forth in Article 9. The license to use the Outside Area granted to Tenant hereby shall be revocable by Landlord for cause upon written notice to Tenant, and Landlord thereafter shall have the right to prevent Tenant’s access thereto. As used in this Section 15.17, “cause” shall include, without limitation, any of the Lease and the exemption of Landlord from liability under Section 7.3 of the Lease and Tenant shall, notwithstanding anything to the contrary contained in the Lease, be solely responsible for following: (i) maintenance and repair the license granted hereby constitutes a violation of the Outside Area and the Outside Area Equipmentor otherwise conflicts with any law, and statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated (ii) any utilities and services to the Outside Area. unless Tenant shall, promptly after full execution and delivery of this First Amendment, but in no event later than January 1, 1996, at Tenant’s sole cost and expense, add a chain-link fence from the top of the existing block wall around the Outside Area to the existing roof changes its use of the Outside Area in order to completely enclose comply with such law, statute, ordinance or other governmental rule, regulation or requirement); (ii) this Lease is terminated for any reason; or (iii) Tenant fails, after notice and a reasonable opportunity to cure (but in no event more than forty-five (45) days), to comply with any of the terms, conditions, limitations or restrictions contained in this Section 15.17 or elsewhere in this Lease which apply to the Outside AreaArea or Tenant’s use thereof. In the event that Landlord shall have makes a good faith determination that the option to provide written notice to Tenant prior to license granted hereby and/or the expiration or earlier termination of the Lease Term specifying those items use of the Outside Area Equipment by Tenant threatens the safety and/or security of persons or property, or endangers or otherwise interferes with the surrounding block wall use and chain-link fence which must be removed by Tenant, in which case Tenant shall remove such items, at Tenant’s sole cost and expense, prior to the expiration or earlier termination occupancy of the Lease Term and shall repair any damage to the Outside Area resulting from such removal. If Landlord does not provide such written notice to Tenant prior to the expiration Building or earlier termination Project by Landlord, its employees, agents or contractors or other tenants or occupants of the Lease TermBuilding or Project, then upon the expiration or earlier termination receipt of the Lease Term, the Outside Area Equipment shall become the property of Landlord; furthermore, if Landlord does provide such written notice to from Landlord identifying with reasonable specificity the grounds therefor, Tenant prior to the expiration or earlier termination of the Lease Term but such written notice does not specify all shall immediately discontinue its use of the Outside Area Equipment and/or surrounding block wall and chain-link fenceuntil such time as Tenant has mitigated such threat, then those items not specified by Landlord for removal shall become danger or interference to Landlord’s property upon the expiration approval, such approval not to be unreasonably withheld, conditioned or earlier termination of the Lease Term. Basic Monthly Rent applicable to the Outside Area shall be Two Hundred Forty-Three and 75/100 Dollars ($243.75) per month throughout the Lease Term, which Basic Monthly Rent shall be payable in accordance with Section 3.1 of the Lease. Basic Monthly Rent applicable to the Outside Area for the month of November, 1995 shall be paid by Tenant concurrently with Tenant’s execution and delivery of this First Amendmentdelayed.

Outside Area. Effective Subject to the terms and conditions contained in this Section 5.4 and elsewhere in this Lease, and subject to Tenant obtaining and maintaining all necessary and applicable governmental approvals, commencing as of November 1the Lease Commencement Date, 1995Tenant shall have a license during the Lease Term for the exclusive use of certain space in the Common Area (the "Outside Area"), the location to be mutually and reasonably agreed upon by Landlord and Tenant, for the construction (as a Tenant Improvement or an Alteration) of a shed for the storage of Hazardous Materials used in Tenant's operations from the Premises for the Permitted Use and disclosed in the Environmental Questionnaire. The Outside Area shall not be included in the rentable square feet of the Premises for purposes of this Lease. The license to use the Outside Area granted to Tenant hereby is personal to the Original Tenant and any Permitted Transfer Assignee, and shall not be otherwise assigned, sublet or otherwise transferred in any way or manner. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Outside Area or the compliance of the Outside Area with any Applicable Laws. Tenant shall have the right, at Tenant's sole cost and expense, to alter, change or make improvements to the Outside Area (as an Alteration), subject to Landlord's reasonable approval; provided, however, that Tenant shall be expanded to include that certain area located outside responsible, at its sole cost and expense, for the maintenance and repair of the Building and consisting of approximately three hundred seventy-five (375) square feet as outlined on Exhibit “B” attached hereto and made a party hereof (“Outside Area”. Tenant acknowledges and agrees that although Tenant shall have the exclusive license to use the Outside Area during the Lease Term, Landlord shall have no obligation to enforce Tenant's exclusive use of the Outside Area, and neither Landlord nor the Landlord Parties shall in no event be liable for, and Landlord and the Landlord Parties are hereby released from any responsibility for, any personal injury or property damage sustained by Tenant in connection with or arising from any acts or omissions with regard to the admission or exclusion from the Outside Area of any person; provided, however, that Landlord hereby covenants and agrees that it shall not grant any third party the right to use the Outside Area during the Lease Term, as the same may be extended. Tenant shall keep the Outside Area clean of all trash and debris and shall also keep the surrounding areas clean of debris and trash arising from the use of the Outside Area. Tenant agrees, at its own expense, to pay for all utilities used by Tenant in the Outside Area (including, without limitation, all sales, use and other taxes (but excluding real property taxes) imposed thereon by any governmental authority). Tenant shall remove any personal property from the Outside Area upon the expiration or earlier termination of this Lease, or upon the termination of Tenant's license under this Section 5.4, and shall repair any damage to the Premises and Building caused by such removal. Except as otherwise set forth in this Lease or required by Applicable Laws, Tenant shall not be entitled permitted to usedisplay any graphics, operate and maintain signs or insignias or the equipment like in the Outside Area shown on Exhibit “B” (collectively, the “Outside Area Equipment”)Area. Tenant’s 's use of the Outside Area Equipment is shall be subject to Tenant’s receipt such reasonable additional rules, regulations and restrictions as Landlord may make from time to time concerning the Outside Area. Except as expressly set forth in this Section 5.4, all of ▇▇▇▇▇▇ ▇▇▇▇▇ SCIENCE PARK [DEPOTECH] all applicable governmental permits the terms, conditions, limitations and approvals and Tenant shall, at Tenant’s sole cost and expense, comply with any governmental laws, rules and regulations applicable restrictions contained in this apply equally to the Outside Area and the Outside Area Equipment. Tenant shall not add any additional equipment to the Outside Area without Landlord’s prior written consent, which consent shall be granted or denied within thirty (30) days after Landlord’s receipt of a written request from Tenant. The Outside Area shall be considered to be a part of the Premises for all purposes under the Lease's use thereof, including, without limitation, Tenant’s indemnification 's repair and maintenance obligations under set forth in Section 7.2 7.1, Tenant's responsibilities and obligations with respect to Hazardous Materials set forth in Section 5.3, Tenant's indemnity of Landlord set forth in Section 10.1, and Tenant's insurance obligations set forth in Article 10. The license to use the Outside Area granted to Tenant hereby shall be revocable by Landlord for cause upon written notice to Tenant, and Landlord thereafter shall have the right to prevent Tenant's access thereto. As used in this Section 5.4, "cause" shall include, without limitation, any of the Lease and the exemption of Landlord from liability under Section 7.3 of the Lease and Tenant shall, notwithstanding anything to the contrary contained in the Lease, be solely responsible for following: (i) maintenance and repair Landlord's good faith determination that the license granted hereby and/or the use of the Outside Area threatens the safety and/or security of persons or property or endangers or otherwise interferes with the use and occupancy of the Outside Area EquipmentBuilding or Project by Landlord, and its employees, agents or contractors or other tenants or occupants of the Building or the Project; (ii) the license granted hereby constitutes a violation of or otherwise conflicts with any utilities and services to the Outside Area. law, statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated (unless Tenant shall, promptly after full execution and delivery of this First Amendment, but in no event later than January 1, 1996, at Tenant’s sole cost and expense, add a chain-link fence from the top of the existing block wall around the Outside Area to the existing roof changes its use of the Outside Area in order to completely enclose the Outside Area. Landlord shall have the option to provide written notice to Tenant prior to the expiration comply with such law, statute, ordinance or earlier termination of the Lease Term specifying those items of the Outside Area Equipment and/or the surrounding block wall and chainother governmental rule, regulation or requirement), 822610.04/WLA [THE BOARDWALK] 183362-link fence which must be removed by Tenant00050/9-24-20/mem/mem -21- [Zentalis Pharmaceuticals, in which case Tenant shall remove such items, at Tenant’s sole cost and expense, prior to the expiration or earlier termination of the Lease Term and shall repair any damage to the Outside Area resulting from such removal. If Landlord does not provide such written notice to Tenant prior to the expiration or earlier termination of the Lease Term, then upon the expiration or earlier termination of the Lease Term, the Outside Area Equipment shall become the property of Landlord; furthermore, if Landlord does provide such written notice to Tenant prior to the expiration or earlier termination of the Lease Term but such written notice does not specify all of the Outside Area Equipment and/or surrounding block wall and chain-link fence, then those items not specified by Landlord for removal shall become Landlord’s property upon the expiration or earlier termination of the Lease Term. Basic Monthly Rent applicable to the Outside Area shall be Two Hundred Forty-Three and 75/100 Dollars ($243.75) per month throughout the Lease Term, which Basic Monthly Rent shall be payable in accordance with Section 3.1 of the Lease. Basic Monthly Rent applicable to the Outside Area for the month of November, 1995 shall be paid by Tenant concurrently with Tenant’s execution and delivery of this First Amendment.Inc.]

Outside Area. Effective Subject to the terms and conditions contained in this Section 5.4 and elsewhere in this Lease, and subject to Tenant obtaining and maintaining all necessary and applicable governmental approvals, commencing as of November 1the Lease Commencement Date, 1995, Tenant shall have a license during the Premises shall be expanded to include that Lease Term for the exclusive use of certain area located outside of space in the Building and consisting of approximately three hundred seventy-five Common Area (375) square feet as outlined on Exhibit “B” attached hereto and made a party hereof (the “Outside Area”), in the location as depicted on Exhibit H, attached hereto, for the construction (as a Tenant Improvement or an Alteration) of a shed for the storage of Hazardous Materials used in Tenant's operations from the Premises for the Permitted Use and disclosed in the Environmental Questionnaire. The Outside Area shall not be included in the rentable square feet of the Premises for purposes of this Lease. The license to use the Outside Area granted to Tenant hereby is personal to the Original Tenant and any Permitted Transfer Assignee, and shall not be otherwise assigned, sublet or otherwise transferred in any way or manner. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Outside Area or the compliance of the Outside Area with any Applicable Laws. Tenant shall have the right, at Tenant's sole cost and expense, to alter, change or make improvements to the Outside Area (as an Alteration), subject to Landlord's reasonable approval; provided, however, that Tenant shall be entitled responsible, at its sole cost and expense, for the maintenance and repair of the Outside Area. Tenant acknowledges and agrees that although Tenant shall have the exclusive license to useuse the Outside Area during the Lease Term, operate Landlord shall have no obligation to enforce Tenant's exclusive use of the Outside Area, and maintain neither Landlord nor the equipment Landlord Parties shall in no event be liable for, and Landlord and the Landlord Parties are hereby released from any responsibility for, any personal injury or property damage sustained by Tenant in connection with or arising from any acts or omissions with regard to the admission or exclusion from the Outside Area of any person; provided, however, that Landlord hereby covenants and agrees that it shall not grant any third party the right to use the Outside Area during the Lease Term, as the same may be extended. Tenant shall keep the Outside Area clean of all trash and debris and shall also keep the surrounding areas clean of debris and trash arising from the use of the Outside Area. Tenant agrees, at its own expense, to pay for all utilities used by Tenant in the Outside Area shown on Exhibit “B” (collectivelyincluding, without limitation, all sales, use and other taxes (but excluding real property taxes) imposed thereon by any governmental authority). Tenant shall remove any personal property from the “Outside Area Equipment”)upon the expiration or earlier termination of this Lease, or upon the termination of Tenant's license under this Section 5.4, and shall repair any damage to the Premises and Building caused by such removal. Except as otherwise set forth in this Lease or required by Applicable Laws, Tenant shall not be permitted to display any graphics, signs or insignias or the like in the Outside Area. Tenant’s 's use of the Outside Area Equipment is shall be subject to such reasonable additional rules, regulations and restrictions as Landlord may make from time to time concerning the Outside Area. Except as expressly set forth in this Section 5.4, all of the terms, conditions, limitations and restrictions contained in this Lease pertaining to the Premises and Tenant's use thereof (excluding Tenant’s receipt of ▇▇▇▇▇▇ ▇▇▇▇▇ SCIENCE PARK [DEPOTECH] all applicable governmental permits and approvals and Tenant shall, at Tenant’s sole cost and expense, comply with any governmental laws, rules and regulations applicable obligation to pay Base Rent) shall apply equally to the Outside Area and the Outside Area Equipment. Tenant shall not add any additional equipment to the Outside Area without Landlord’s prior written consent, which consent shall be granted or denied within thirty (30) days after Landlord’s receipt of a written request from Tenant. The Outside Area shall be considered to be a part of the Premises for all purposes under the Lease's use thereof, including, without limitation, Tenant’s indemnification 's repair and maintenance obligations under set forth in Section 7.2 7.1, Tenant's responsibilities and obligations with respect to Hazardous Materials set forth in Section 5.3, Tenant's indemnity of Landlord set forth in Section 10.1, and Tenant's insurance obligations set forth in Article 10. The license to use the Outside Area granted to Tenant hereby shall be revocable by Landlord for cause upon written notice to Tenant, and Landlord thereafter shall have the right to prevent Tenant's access thereto. As used in this Section 5.4, “cause” shall include, without limitation, any of the Lease and the exemption of Landlord from liability under Section 7.3 of the Lease and Tenant shall, notwithstanding anything to the contrary contained in the Lease, be solely responsible for following: (i) maintenance and repair Landlord's good faith determination that the license granted hereby and/or the use of the Outside Area threatens the safety and/or security of persons or property or endangers or otherwise interferes with the use and occupancy of the Outside Area EquipmentBuilding or Project by Landlord, and its employees, agents or contractors or other tenants or occupants of the Building or the Project; (ii) the license granted hereby constitutes a violation of or otherwise conflicts with any utilities and services to the Outside Area. law, statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated (unless Tenant shall, promptly after full execution and delivery of this First Amendment, but in no event later than January 1, 1996, at Tenant’s sole cost and expense, add a chain-link fence from the top of the existing block wall around the Outside Area to the existing roof changes its use of the Outside Area in order to completely enclose comply with such law, statute, ordinance or other governmental rule, regulation or requirement), or results in increased rates of insurance for the Outside Area. Landlord shall have Building or Project (unless Tenant pays the option cost of such increased rates to provide written Landlord); (iii) this Lease is terminated for any reason; or (iv) Tenant fails, after any applicable notice and cure period expressly set forth in this Lease, to Tenant prior to the expiration or earlier termination comply with any of the terms, conditions, limitations or restrictions contained in this Section 5.4 or elsewhere in this Lease Term specifying those items of the Outside Area Equipment and/or the surrounding block wall and chain-link fence which must be removed by Tenant, in which case Tenant shall remove such items, at Tenant’s sole cost and expense, prior to the expiration or earlier termination of the Lease Term and shall repair any damage apply to the Outside Area resulting from such removal. If Landlord does not provide such written notice to Tenant prior to the expiration or earlier termination of the Lease Term, then upon the expiration or earlier termination of the Lease Term, the Outside Area Equipment shall become the property of Landlord; furthermore, if Landlord does provide such written notice to Tenant prior to the expiration or earlier termination of the Lease Term but such written notice does not specify all of the Outside Area Equipment and/or surrounding block wall and chain-link fence, then those items not specified by Landlord for removal shall become Landlord’s property upon the expiration or earlier termination of the Lease Term. Basic Monthly Rent applicable to the Outside Area shall be Two Hundred Forty-Three and 75/100 Dollars ($243.75) per month throughout the Lease Term, which Basic Monthly Rent shall be payable in accordance with Section 3.1 of the Lease. Basic Monthly Rent applicable to the Outside Area for the month of November, 1995 shall be paid by Tenant concurrently with Tenant’s execution and delivery of this First Amendment's use thereof.

Outside Area. Effective Subject to the terms and conditions of this Lease and such rules and regulations as Lessor may from time to time prescribe, Lessee and Lessee's employees, invitees and customers shall, in common with other occupants of November 1, 1995, the parcel on which the Premises are located, and their respective employees, invitees and customers, and others entitled to the use thereof, have the non­exclusive right to use the access roads, parking areas and facilities provided and designated by Lessor for the general use and convenience of the occupants of the parcel on which the Premises are located, which areas and facilities are referred to herein as "Outside Area". This right shall terminate upon the termination of this Lease. Lessor reserves the right from time to time to make changes in the shape, size, location, amount and extent of the Outside Area. Lessor further reserves the right to promulgate such reasonable rules and regulations relating to the use of the Outside Area, and any part or parts thereof, as Lessor may deem appropriate for the best interest of the occupants of the parcel. The rules and regulations shall be expanded binding upon Lessee upon delivery of a copy of them to include that certain area located outside of the Building Lessee, and consisting of approximately three hundred seventy-five (375) square feet as outlined on Exhibit “B” attached hereto Lessee shall abide by them and made a party hereof (“Outside Area”)cooperate in their observance. Tenant Such rules and regulations may be amended by Lessor from time to time, with or without advance notice, and all amendments shall be entitled effective upon delivery of a copy to useLessee, operate and maintain provided such regulation does not interfere with Lessee's quiet enjoyment. Lessee shall have the equipment non-exclusive use of 42 parking spaces in the Outside Area shown on Exhibit “B” (collectivelyas designated from time to time by Lessor. Lessee shall not at any time park or permit the parking of Lessee's trucks or other vehicles, or the “Outside Area Equipment”). Tenant’s trucks or other vehicles of others, adjacent to the loading areas so as to interfere in any way with the use of such areas, nor shall Lessee at any time park or permit the parking of Lessee's vehicles or trucks, or the vehicles or trucks of Lessee's suppliers or others, in any portion of the Outside Area Equipment is subject to Tenant’s receipt of ▇▇▇▇▇▇ ▇▇▇▇▇ SCIENCE PARK [DEPOTECH] all applicable governmental permits and approvals and Tenant shall, at Tenant’s sole cost and expense, comply with any governmental laws, rules and regulations applicable to the Outside Area and the Outside Area Equipmentnot designated by Lessor for such use by Lessee. Tenant Lessee shall not add abandon any additional inoperative vehicles or equipment to the Outside Area without Landlord’s prior written consent, which consent shall be granted or denied within thirty (30) days after Landlord’s receipt on any portion of a written request from Tenant. The Outside Area shall be considered to be a part of the Premises for all purposes under the Lease, including, without limitation, Tenant’s indemnification obligations under Section 7.2 of the Lease and the exemption of Landlord from liability under Section 7.3 of the Lease and Tenant shall, notwithstanding anything to the contrary contained in the Lease, be solely responsible for (i) maintenance and repair of the Outside Area and the Outside Area Equipment, and (ii) any utilities and services to the Outside Area. Tenant shallLessor shall operate, promptly after full execution manage, maintain and delivery of this First Amendment, but in no event later than January 1, 1996, at Tenant’s sole cost and expense, add a chain-link fence from the top of the existing block wall around the Outside Area to the existing roof of repair the Outside Area in order to completely enclose the Outside Areagood order, condition and repair. Landlord shall have the option to provide written notice to Tenant prior to the expiration or earlier termination of the Lease Term specifying those items of the Outside Area Equipment and/or the surrounding block wall and chain-link fence which must be removed by Tenant, The manner in which case Tenant shall remove such items, at Tenant’s sole cost and expense, prior to the expiration or earlier termination of the Lease Term and shall repair any damage to the Outside Area resulting from such removal. If Landlord does not provide such written notice to Tenant prior to the expiration or earlier termination of the Lease Term, then upon the expiration or earlier termination of the Lease Term, the Outside Area Equipment shall become the property of Landlord; furthermore, if Landlord does provide such written notice to Tenant prior to the expiration or earlier termination of the Lease Term but such written notice does not specify all of the Outside Area Equipment and/or surrounding block wall and chain-link fence, then those items not specified by Landlord for removal shall become Landlord’s property upon the expiration or earlier termination of the Lease Term. Basic Monthly Rent applicable to the Outside Area shall be Two Hundred Forty-Three maintained and 75/100 Dollars ($243.75) per month throughout the Lease Term, which Basic Monthly Rent expenditures for such maintenance shall be payable in accordance with Section 3.1 at the discretion of the LeaseLessor. Basic Monthly Rent applicable to the The cost of such repair, maintenance, operation and management, including without limitation, maintenance and repair of landscaping, irrigation systems, paving, sidewalks, fences and lighting, shall be an Outside Area for the month Charge and Lessee shall pay to Lessor its share of November, 1995 shall be paid by Tenant concurrently with Tenant’s execution and delivery of this First Amendmentsuch costs as provided in Paragraph 14 below.