Common use of Temporary Premises Clause in Contracts

Temporary Premises. During the period commencing on the Temporary Premises Commencement Date (as defined below) and ending sixty (60) days thereafter (the “Temporary Premises Termination Date”), Landlord shall lease to Tenant, and Tenant shall lease from Landlord, temporary premises (the “Temporary Premises”) located on the first (1st) floor of the Building comprising approximately 4,845 rentable square feet and known as Suite 102. The Temporary Premises are depicted on Exhibit A attached hereto. The “Temporary Premises Commencement Date” shall mean the date that Landlord delivers the Temporary Premises to Tenant in the condition described below, which is anticipated to occur on the business day immediately after the execution of this Amendment. Notwithstanding anything to the contrary in this Section 1, Landlord’s failure to deliver the Temporary Premises to Tenant on the estimated Temporary Premises Commencement Date shall not be a default by Landlord or otherwise render Landlord liable for damages. Tenant’s lease of the Temporary Premises shall be on the same terms and conditions as applicable to the Premises, except that (i) during the period commencing on the Temporary Premises Commencement Date and ending on the Temporary Premises Termination Date, Tenant shall not be required to pay Base Rent with respect to its lease of the Temporary Premises, (ii) with respect to the Temporary Premises, Tenant shall not be required to pay Tenant’s Share of Building Direct Expenses, and (iii) no additional parking passes shall be allocated to Tenant in connection with its lease of the Temporary Premises. The Temporary Premises are accepted by Tenant in “as is” condition and configuration without any representations or warranties by Landlord and Landlord shall have no obligation to make or pay for any alterations, additions, improvements or renovations in the Temporary Premises to prepare the Temporary Premises for Tenant’s occupancy. On the Temporary Premises Termination Date or such earlier termination of Tenant’s lease of the Temporary Premises, Tenant shall surrender the Temporary Premises to Landlord in accordance with the terms of Article 15 of the Lease. Notwithstanding the foregoing, if Tenant occupies the Temporary Premises beyond the Temporary Premises Termination Date with Landlord’s consent, such occupancy shall be on a month-to-month basis until terminated by either party upon at least fourteen (14) days prior written notice and, during such period, Tenant shall pay (x) Base Rent for the Temporary Premises in an amount equal to $28,101.00 per month, and (y) Tenant’s Share of Building Direct Expenses for the Temporary Premises. Tenant’s Share for the Temporary Premises shall be 3.6152%.

Temporary Premises. During the period commencing on the Temporary Premises Commencement Date (as defined below) and ending sixty (60) days thereafter (the “Temporary Premises Termination Date”), Landlord shall lease to Tenant, Tenant and Tenant shall lease from Landlord, temporary premises Landlord approximately 12,000 square feet located on the eastern half of the second floor of the Building (the “Temporary Premises”) located commencing on the first date that is 1 day after the substantial completion by Landlord of Landlord’s Temporary Premises Work (1stas defined below)(“TP Delivery Date”), and continuing until the earlier of: (i) floor the date that is 30 days after Substantial Completion of the Building comprising approximately 4,845 rentable square feet and known as Suite 102Tenant Improvements within the Premises, or (ii) the date this Lease is terminated in accordance with the provisions of Section 2 or any other provision of this Lease. The Temporary Premises are depicted is more particularly shown on Exhibit A G attached hereto. The “Temporary Premises Commencement Date” Tenant acknowledges and agrees that all of the terms and conditions of this Lease shall mean apply to the date that Landlord delivers leasing of the Temporary Premises to Tenant in the condition described below, which is anticipated to occur on the business day immediately after the execution of this Amendment. Notwithstanding anything to the contrary in this Section 1, Landlord’s failure to deliver as if the Temporary Premises were the Premises, except that: (a) the term of the lease with respect to Tenant on the estimated Temporary Premises Commencement Date shall not be a default by Landlord or otherwise render Landlord liable for damages. Tenant’s lease of the Temporary Premises shall be on as set forth in the same terms and conditions as applicable to the Premises, except that first sentence of this Section 42; (ib) during the period commencing on the later of December 1, 2009, or the substantial completion of Landlord’s Temporary Premises Work by Landlord (the “TP Rent Commencement Date and ending on Date”), Tenant shall commence paying Base Rent for the Temporary Premises Termination in the amount of $22,800 per month; (c) Tenant may commence using the Temporary Premises for the Permitted Use on the TP Delivery Date, Tenant but shall not be required to pay Base Rent or Operating Expenses with respect to its lease the Temporary Premises prior to the TP Rent Commencement Date, (d) Tenant’s Share of Operating Expenses for the Building with respect to the Temporary Premises shall be 15.77%; (e) Tenant shall not be required to deliver any Security Deposit in addition to the Security Deposit required to be delivered by Tenant pursuant to this Lease; (f) Landlord shall not be required to make any improvements to the Building or the Temporary Premises other than Landlord’s Temporary Premises Work and Tenant shall accept the Building and the Temporary Premises in their then “as is” condition; (g) notwithstanding anything to the contrary contained in Section 22, Tenant shall not have the right to sublease any portion of the Temporary Premises or assign the leasing of the Temporary Premises, and (iih) the provisions of Section 39 and 40 shall not apply to the leasing of the Temporary Premises. Tenant acknowledges that Tenant shall be responsible for obtaining the certificate of occupancy and all licenses required for Tenant’s occupancy of the Temporary Premises including, without limitation, any Hazardous Materials-related licenses, and for delivering a Surrender Plan as provided for in this Lease with respect to the Temporary Premises. For the purposes of this Section 42, Tenant “Landlord’s Temporary Premises Work” shall not be required to pay Tenant’s Share of Building Direct Expenses, and (iii) no additional parking passes shall be allocated to Tenant in connection with its lease mean substantial completion of the Temporary Premises. The Temporary Premises are accepted by Tenant in “as is” condition and configuration without any representations or warranties by Landlord and Landlord shall have no obligation to make or pay for any alterations, additions, improvements or renovations in the Temporary Premises to prepare the Temporary Premises for Tenant’s occupancy. On the Temporary Premises Termination Date or such earlier termination of Tenant’s lease of the Temporary Premises, Tenant shall surrender the Temporary Premises to Landlord in accordance with the terms of Article 15 of the Lease. Notwithstanding the foregoing, if Tenant occupies the Temporary Premises beyond the Temporary Premises Termination Date with Landlord’s consent, such occupancy shall be described on a month-to-month basis until terminated by either party upon at least fourteen (14) days prior written notice and, during such period, Tenant shall pay (x) Base Rent for the Temporary Premises in an amount equal to $28,101.00 per month, and (y) Tenant’s Share of Building Direct Expenses for the Temporary Premises. Tenant’s Share for the Temporary Premises shall be 3.6152%Exhibit H attached hereto.

Temporary Premises. During Subject to the period commencing on terms hereof, prior to the Temporary Premises Lease Commencement Date (as defined below) and ending sixty (60) days thereafter (the “Temporary Premises Termination Date”), Landlord shall shall, in consideration for Tenant’s entering into this Lease, grant Tenant the right to temporarily lease to Tenant, and Tenant shall lease from Landlord, temporary premises that certain portion of the Premises containing approximately 26,514 rentable square feet of space (the “Temporary Premises”) ), commonly known as ▇▇▇▇▇ ▇▇▇, located on the first (1st) fifth floor of the Building comprising approximately 4,845 rentable square feet and known ▇▇▇▇▇ Street Building, as Suite 102set forth more particularly on Exhibit A-2 attached hereto, for the conduct of Tenant’s business for the Permitted Use in accordance with the terms of the Lease only. The term of Tenant’s lease of the Temporary Premises are depicted on Exhibit A attached hereto. The (the “Temporary Premises Commencement Date” Term”) shall mean commence upon the date that upon which Landlord delivers the Temporary Premises to Tenant in (the condition described below, which is anticipated to occur on the business day immediately after the execution of this Amendment. Notwithstanding anything to the contrary in this Section 1, Landlord’s failure to deliver the Temporary Premises to Tenant on the estimated “Temporary Premises Commencement Date Date”), and shall not be a default by Landlord or otherwise render Landlord liable for damagesterminate on May 31, 2016 (the “Temporary Premises Expiration Date”). Tenant’s lease possession of the Temporary Premises shall be on subject to the same terms and conditions of this Lease as applicable to though such Temporary Premises was the Premises, except provided that (iA) during the period commencing on the Temporary Premises Commencement Date and ending on the Temporary Premises Termination Date, Tenant shall not be required obligated to pay Base Rent with respect to its lease of the Temporary PremisesPremises (provided, that if Tenant holds over in the Temporary Premises beyond the Temporary Premises Expiration Date, then Base Rent shall be deemed to be an amount equal to $176,760.00 per month (i.e., $80.00 per rentable square foot annually), (iiB) with respect to the Temporary Premises, Tenant shall not be required to pay Tenant’s Share of Building Direct Expenses, and Operating Expenses with respect to the Temporary Premises (iii) no additional parking passes provided that Tenant shall be allocated obligated to Tenant in connection with its lease pay any other amounts of Additional Rent applicable to the Temporary Premises. The , including, without limitation, after-hours HVAC charges), (C) Tenant shall have no right to assign, sublease or otherwise transfer its interest with respect to the Temporary Premises are accepted by other than a Permitted Transferee Assignee, (D) Tenant shall accept the Temporary Premises in its existing “as is” condition and configuration without any representations or warranties by Landlord and Landlord shall have no obligation to make provide or pay for improvements of any alterationskind with respect to the Temporary Premises, additions(E) Tenant shall not make any alterations or improvements to the Temporary Premises or any portion thereof, improvements without Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or renovations delayed, and (F) the terms of the Tenant Work Letter shall be inapplicable to the Temporary Premises. Landlord shall deliver the Temporary Premises with the plumbing, electrical systems, fire sprinkler system, lighting, air conditioning and heating systems and all other Building systems serving the Temporary Premises in good operating condition and repair and any failure of such systems to be in such condition on delivery shall not be a default under this Lease, but shall be promptly remedied by Landlord at Landlord’s sole cost and expense. In addition, the Temporary Premises shall be delivered with the existing cabling in place, provided Landlord shall have no liability whatsoever for the condition of the existing cabling and Landlord makes no warranties as to the suitability of the existing cabling to serve Tenant’s requirements. On or before the Temporary Premises Expiration Date, Tenant shall quit and surrender possession of the Temporary Premises to prepare Landlord in as good order and condition as when Tenant took possession and as thereafter improved by Landlord, except to the extent of (x) reasonable wear and tear, (y) damage by fire or other casualty that is not Tenant’s obligation to repair hereunder, or (z) repairs which are specifically made the responsibility of Landlord hereunder. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Temporary Premises for all debris, rubbish, phone systems, Lines (as that term is defined in Section 29.32 below) installed by Tenant’s occupancy. On the Temporary Premises Termination Date , and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions and other articles of personal property owned by Tenant or such earlier termination of Tenant’s lease of installed or placed by Tenant at its expense in the Temporary Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its reasonable discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Temporary Premises and Building resulting from such removal. If Tenant fails to vacate and surrender the Temporary Premises to Landlord on or before the Temporary Premises Expiration Date, Tenant shall be deemed to be holding over in accordance with such Temporary Premises and shall be subject to the terms of Article 15 16 of this Lease; provided, however, nothing contained herein shall be construed as consent by Landlord to any holding over by Tenant in the Lease. Notwithstanding Temporary Premises, and Landlord expressly reserves the foregoing, if right to require Tenant occupies to surrender possession of the Temporary Premises beyond to Landlord as provided in this Lease upon the Temporary Premises Termination Date with Landlord’s consent, such occupancy shall be on a month-to-month basis until terminated by either party upon at least fourteen (14) days prior written notice and, during such period, Tenant shall pay (x) Base Rent for the Temporary Premises terms and conditions set forth in an amount equal to $28,101.00 per month, and (y) Tenant’s Share of Building Direct Expenses for the Temporary Premises. Tenant’s Share for the Temporary Premises shall be 3.6152%this Lease.

Temporary Premises. During the period commencing on the Temporary Premises Commencement Date (as defined below) and ending sixty (60) days thereafter (the “Temporary Premises Termination Date”), Landlord shall lease As an accommodation to Tenant, and Tenant shall lease from Landlordhave the exclusive right to use temporarily, and Landlord will provide to Tenant on a temporary premises basis, Suites 350 and 390, consisting of approximately 8,503 square feet of Rentable Area, and located on the 3rd floor within the building located at 5▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇, as more particularly shown on the attached Exhibit L (the “Temporary Premises”) located on for the first (1st) floor purpose of the Building comprising approximately 4,845 rentable square feet and known as Suite 102storing Tenant’s furniture. The Temporary Premises are depicted shall be made available to Tenant promptly after the Possession Date, on Exhibit A attached hereto. The an “Temporary Premises Commencement DateAS IS, WHERE IS” basis, and Landlord shall mean the date that Landlord delivers have no obligation to refurbish or make any improvements or alterations of any nature in the Temporary Premises to Tenant in the condition described below, which is anticipated to occur on the business day immediately after the execution of this Amendment. Notwithstanding anything to the contrary in this Section 1, Landlord’s failure to deliver the Temporary Premises to Tenant on the estimated Temporary Premises Commencement Date shall not be a default by Landlord or otherwise render Landlord liable for damagesprovide any improvement allowance with respect thereto. Tenant’s 's lease of the Temporary Premises shall be on and subject to all of the same terms and conditions as applicable to the Premisesof this Lease, except that (ia) during the period commencing on the Temporary Premises Commencement Date and ending on the Temporary Premises Termination Date, Tenant shall not be required to obligated pay Base Rent with respect to its lease of or Additional Rent or Electrical Costs for the Temporary Premises, provided Tenant shall be responsible for paying the costs of any after-hours HVAC or other additional services pursuant to this Lease; (iib) Tenant shall have no right to renew or extend the Lease Term with respect to the Temporary Premises, ; (c) Tenant shall not make any Alterations to the Temporary Premises without the consent of Landlord; (d) furnishings and equipment may be required installed in the Temporary Premises provided such items may be removed without injury or damage to pay Tenant’s Share the Temporary Premises; (e) Tenant shall be expressly prohibited from assigning or subleasing any or all of Building Direct Expensesthe Temporary Premises or any interest therein; (f) Tenant shall permit Landlord or its agents, at any time, with reasonable prior notice to Tenant or charge therefor to Landlord, to enter the Temporary Premises to exhibit the same to prospective tenants; and (iiig) no additional parking passes shall be allocated Tenant further agrees to Tenant cooperate with Landlord in connection with Landlord's exercise of Landlord's rights of entry under this Paragraph 20(ss). Tenant, at its lease sole cost and expense, will be responsible for obtaining telephone, cable and other services as needed for the operation of the Temporary Premises. The Temporary Premises are accepted by Tenant Tenant's rights in “as is” condition and configuration without any representations or warranties by Landlord and Landlord shall have no obligation this Paragraph 20(ss) to make or pay for any alterations, additions, improvements or renovations in use the Temporary Premises to prepare shall terminate on, and Tenant shall vacate the Temporary Premises for no later than five business days after the Commencement Date. Tenant’s occupancy. On the Temporary Premises Termination Date or such earlier termination of Tenant’s lease of the Temporary Premises, Tenant shall 's failure to surrender the Temporary Premises to Landlord in accordance with the terms of Article 15 this Lease on or before the fifth business day after the Commencement Date for the Premises shall be subject to the holdover provisions of the LeaseParagraph 20(f). Notwithstanding the foregoingforegoing provisions of this Paragraph 20(ss), if Tenant occupies the Temporary Premises beyond the Temporary Premises Termination Date with Landlord’s consent, such occupancy shall be on a month-to-month basis until terminated by either party upon at least fourteen thirty (1430) days prior written notice andto Tenant, during such period, Landlord may relocate the Temporary Premises to other space in the Centre at Tenant’s sole cost and expense. Tenant shall pay any amounts incurred by Landlord in connection therewith within thirty (x30) Base Rent for the Temporary Premises in days following Landlord’s delivery of an amount equal to $28,101.00 per month, and (y) Tenant’s Share of Building Direct Expenses for the Temporary Premises. Tenant’s Share for the Temporary Premises shall be 3.6152%invoice therefor.

Temporary Premises. During (a) Suite 1-150. Upon Landlord’s delivery of exclusive possession of Suite 1-150 to Tenant (“Suite 1-150 Commencement Date”) through the period commencing on the Temporary Premises Commencement Suite 1-150 Surrender Date (as defined below) and ending sixty (60) days thereafter (the “Temporary Premises Termination Date”), Landlord shall lease to Tenant, and Tenant shall lease from Landlord, temporary certain premises (the “Temporary Premises”) located on the first (1st) floor of the Building comprising deemed to contain approximately 4,845 8,283 rentable square feet and presently known as Suite 102. The Temporary Premises are depicted 1-150 on the 1st floor of the building known as Building I located at ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ (“Building I”) as shown on Exhibit A A-3 attached hereto. The hereto (“Temporary Premises Commencement Date” shall mean Suite 1-150”) on a temporary basis, subject to the date that Landlord delivers surrender of Suite 1-150 by the Temporary Premises to Tenant in the condition described belowcurrent occupant, which is anticipated to occur and on the business day immediately following terms and conditions: (i) Suite 1-150 and all furniture and equipment (“Premises Personal Property”) currently located at Suite 1-150 shall be taken and accepted in its present “as is” condition, and Landlord shall not be obligated to do any remodeling, renovation, or repair work with respect thereto; (ii) from and after the execution ▇▇▇▇▇ ▇-▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇-▇▇▇ shall be included as a portion of this Amendmentthe Premises demised under the Lease, and Tenant’s occupancy shall be subject to all of the terms, covenants, and provisions of the Lease except that Tenant shall pay Base Rent to Landlord based on the rental rate of $21.50 per rentable square foot of Suite 1-150, plus Tenant’s Pro Rata Share of Operating Expenses; (iii) Tenant shall reimburse Landlord for any direct and reasonable expenses incurred by Landlord as a result of Tenant’s use and occupancy of Suite 1-150, and not otherwise included in Tenant’s Pro Rata Share of Operating Expenses, including, without limitation, signage, keys, wiring, electricity, and janitorial services, within 30 days after receipt of Landlord’s ▇▇▇▇ therefor; (iv) Landlord shall have the right to enter Suite 1-150 at any time to show the same to prospective tenants upon reasonable advance notice to Tenant; and (v) Tenant shall be deemed the owner of the Premises Personal Property for all purposes from and after January 1, 2018. Notwithstanding anything to the contrary in this Section 1herein, Landlord’s failure to deliver the Temporary Premises to Tenant on the estimated Temporary Premises Commencement Date shall not be a default by Landlord or otherwise render Landlord liable for damages. Tenant’s lease of the Temporary Premises shall be on the same terms and conditions as applicable to the Premises, except that (i) during the period commencing on first 90 days from the Temporary Premises Suite 1-150 Commencement Date and ending on the Temporary Premises Termination Date, Tenant shall not pay any Base Rent, but will pay Tenant’s Pro Rata Share of Operating Expenses. On or before the date (“Suite 1-150 Surrender Date”) that is the day immediately prior to the Suite 2-100 Commencement Date, time being of the essence, Tenant shall, at Tenant’s sole cost, relocate any furniture, furnishings, trade fixtures, equipment (including telecommunication lines and equipment), and other personal property of Tenant and the Premises Personal Property from Suite 1-150 to the Premises (or otherwise remove such property from Suite 1-150) and surrender Suite 1-150 to Landlord in the condition specified in Section 21 of the Current Lease for a surrender on the Suite ▇-▇▇▇ ▇▇▇▇▇▇▇▇▇ Date. Upon such surrender of ▇▇▇▇▇ ▇-▇▇▇, ▇▇▇▇▇ ▇-▇▇▇ shall not be required included as a portion of the Premises demised pursuant to pay Base Rent this Lease but shall continue to be subject to Tenant’s Right of First Refusal as per Exhibit G, Section 2 of the Current Lease. If Tenant fails to timely surrender possession of Suite 1-150 to Landlord on the Suite ▇-▇▇▇ ▇▇▇▇▇▇▇▇▇ Date, then Tenant shall be deemed a tenant at sufferance with respect to its lease Suite 1-150 and the terms and provisions of Sections 10 and 21 of the Temporary PremisesCurrent Lease shall apply to such space, provided that Tenant shall have up to 30 days after the Suite ▇-▇▇▇ ▇▇▇▇▇▇▇▇▇ Date to complete removal of Tenant’s property from Suite 1-150 before any such property is deemed abandoned by Tenant. (iib) with respect Notwithstanding anything to the Temporary Premisescontrary herein, Tenant’s right to occupy Suite 1-150 under subsection (a) above is contingent upon the existing tenant of such space surrendering such space by January 15, 2018, and Landlord will use commercially reasonable efforts to cause same to occur but if such space is not surrendered by such date, Tenant shall not be required have the right to pay Tenant’s Share of Building Direct Expenseslease another similarly-sized available space in Four Points Centre Buildings I—IV or River Place Corporate Park Buildings I – VII, on the same terms above as Suite 1-150 in a mutually agreeable location until such time as Suite 1-150 becomes available (but no later than the Suite 2-100 Commencement Date) by providing written notice to Landlord requesting such space and (iii) no additional parking passes shall be allocated to Tenant in connection with its lease of the Temporary Premises. The Temporary Premises are accepted by Tenant in “as is” condition and configuration without any representations or warranties by Landlord and Landlord shall have no obligation to make or pay for any alterations, additions, improvements or renovations in the Temporary Premises to prepare the Temporary Premises for Tenant’s occupancy. On the Temporary Premises Termination Date or such earlier termination of Tenant’s lease of the Temporary Premises, Tenant shall surrender execute an amendment memorializing the Temporary Premises to Landlord in accordance with the terms of Article 15 of the Lease. Notwithstanding the foregoing, if Tenant occupies the Temporary Premises beyond the Temporary Premises Termination Date with Landlord’s consent, such occupancy shall be on a month-to-month basis until terminated by either party upon at least fourteen (14) days prior written notice and, during such period, Tenant shall pay (x) Base Rent for the Temporary Premises in an amount equal to $28,101.00 per month, and (y) Tenant’s Share of Building Direct Expenses for the Temporary Premises. Tenant’s Share for the Temporary Premises shall be 3.6152%same.

Temporary Premises. During Commencing upon the period commencing on the Temporary Premises Commencement Date (as defined below) and ending sixty (60) days thereafter (continuing until Tenant first conducts any business in the “Temporary Premises Termination Date”)Premises, Landlord shall lease to Tenant, Tenant and Tenant shall lease from LandlordLandlord an office or offices, temporary as determined by Landlord and reasonably approved by Tenant, sufficient to accommodate 3 people in either a portion of the Premises or in premises selected by Landlord in the building at the Project located at ▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ (in either such event, the “Temporary Premises”) located on the first (1st) floor ). Tenant acknowledges and agrees that all of the Building comprising approximately 4,845 rentable square feet terms and known as Suite 102. The Temporary Premises are depicted on Exhibit A attached hereto. The “Temporary Premises Commencement Date” conditions of this Lease shall mean apply to the date that Landlord delivers leasing of the Temporary Premises to Tenant in the condition described below, which is anticipated to occur on the business day immediately after the execution of this Amendment. Notwithstanding anything to the contrary in this Section 1, Landlord’s failure to deliver as if the Temporary Premises were the Premises, except that: (a) the term of the lease with respect to Tenant on the estimated Temporary Premises Commencement Date shall not be a default by Landlord or otherwise render Landlord liable for damages. Tenant’s lease of the Temporary Premises shall be on as set forth in the same terms and conditions as applicable to the Premises, except that first sentence of this Section 42; (ib) during the period commencing on the Temporary Premises Commencement Date and ending on the Temporary Premises Termination Date, Tenant shall not be required to pay monthly Base Rent with respect to its lease of for the Temporary Premises, (ii) with respect to the Temporary Premises, Premises but Tenant shall not be required to pay Tenant’s Share of Building Direct Expenses, and (iii) no additional parking passes shall be allocated to Tenant in connection with its lease Operating Expenses for the Temporary Premises based on the size of the Temporary Premises. The ; (c) the amount of the Security Deposit shall be the amount of the Security Deposit required for the Premises; (d) Landlord shall not be required to make any improvements to the Temporary Premises are accepted by and Tenant shall accept the Temporary Premises in its “as is” condition and configuration without condition; (e) notwithstanding anything to the contrary contained in Section 22, Tenant shall not have the right to sublease any representations or warranties by Landlord and Landlord shall have no obligation to make or pay for any alterations, additions, improvements or renovations in portion of the Temporary Premises or assign Tenant’s right to prepare use the Temporary Premises this Lease, and (f) notwithstanding anything to the contrary contained in this Lease, Tenant shall only be permitted to use the Temporary Premises for Tenant’s occupancy. On office purposes only and, except for Hazardous Materials contained in products customarily used by tenants in de minimis quantities for ordinary cleaning and office purposes, Tenant shall not permit or cause any party to bring any Hazardous Material upon the Temporary Premises Termination Date or such earlier termination use, store, handle, treat, generate, manufacture, transport, release or dispose of Tenant’s lease of any Hazardous Material in, on or from the Temporary Premises, . Tenant shall surrender the Temporary Premises to Landlord in accordance with substantially the terms same condition as received, broom clean, ordinary wear and tear excepted. Tenant shall be entitled to remove all of Article 15 of Tenant’s personal property from the Lease. Notwithstanding the foregoingTemporary Premises, if Tenant occupies including any signs, trade fixtures, equipment, furniture, etc., and shall be liable to Landlord for any damage to the Temporary Premises beyond caused by Tenant during the Temporary Premises Termination Date with Landlord’s consent, removal of such occupancy shall be on a month-to-month basis until terminated by either party upon at least fourteen (14) days prior written notice and, during such period, Tenant shall pay (x) Base Rent for the Temporary Premises in an amount equal to $28,101.00 per month, and (y) Tenant’s Share of Building Direct Expenses for the Temporary Premises. Tenant’s Share for the Temporary Premises shall be 3.6152%property.

Temporary Premises. During Commencing upon the mutual execution and delivery of this First Amendment by Landlord and Tenant (the “Temporary Premises Commencement Date”) and continuing through the date that Tenant vacates the Temporary Premises, which shall be no later than April 15, 2013 (the “Temporary Premises Expiration Date”), Landlord shall lease to Tenant and Tenant shall lease from Landlord the Temporary Premises upon the terms and conditions set forth in this First Amendment and the Lease, as amended. The period commencing on the Temporary Premises Commencement Date (and continuing through the Temporary Premises Expiration Date shall be referred to herein as defined below) and ending sixty (60) days thereafter (the “Temporary Premises Termination DateTerm”), Landlord shall lease to Tenant, and Tenant shall lease from Landlord, temporary premises (the “Temporary Premises”) located on the first (1st) floor of the Building comprising approximately 4,845 rentable square feet and known as Suite 102. The Temporary Premises are depicted on Exhibit A attached hereto. The “Temporary Premises Commencement Date” shall mean the date that Landlord delivers the Temporary Premises to Tenant in the condition described below, which is anticipated to occur on the business day immediately after the execution of this Amendment. Notwithstanding anything to the contrary in this Section 1, Landlord’s failure to deliver the Temporary Premises to Tenant on the estimated Temporary Premises Commencement Date shall not be a default by Landlord or otherwise render Landlord liable for damages. Tenant’s lease of the Temporary Premises shall be on upon all of the same terms and conditions set forth in the Lease, as applicable to amended, as though the Temporary Premises was the Premises, except provided that (i) during the period commencing on the Temporary Premises Commencement Date and ending on the Temporary Premises Termination Date, Tenant shall not be required to pay Base Rent with respect to its lease of the Temporary Premises, (ii) with respect to the Temporary Premises, Tenant shall not be required to pay Tenant’s Share of Building Direct Expenses, and (iii) no additional parking passes shall be allocated to Tenant in connection with its lease of the Temporary Premises. The Temporary Premises are accepted by Tenant in “as is” condition and configuration without any representations or warranties by Landlord and Landlord shall have no obligation to make or pay for any alterations, additions, improvements or renovations in the Temporary Premises to prepare the Temporary Premises for Tenant’s occupancy. On the Temporary Premises Termination Date or such earlier termination of Tenant’s lease of the Temporary Premises, Tenant shall surrender the Temporary Premises to Landlord in accordance with the terms of Article 15 of the Lease. Notwithstanding the foregoing, if Tenant occupies the Temporary Premises beyond the Temporary Premises Termination Date with Landlord’s consent, such occupancy shall be on a month-to-month basis until terminated by either party upon at least fourteen (14) days prior written notice and, during such period, Tenant shall pay (x) to Landlord monthly installments of Base Rent for the Temporary Premises in an amount equal to $28,101.00 12,500.00 per month (pro-rated for any partial month), (ii) Tenant shall not be obligated to pay any Operating Expenses or Tax Expenses with respect to the Temporary Premises; provided, however, that Tenant shall be required to pay for any water, electricity, heat or air conditioning used in the Temporary Premises in excess of that supplied by Landlord pursuant to Section 6.1 of the Lease, in accordance with the terms of Section 6.2 of the Lease, (iii) the terms of Section 2.2 of the Lease shall be inapplicable to the Temporary Premises, (iv) Tenant shall not have the right to assign, sublease or otherwise transfer its interest in the Temporary Premises, (v) Tenant shall accept the Temporary Premises in its existing “as is” condition, the terms of the Tenant Work Letter attached to the Lease shall be inapplicable to the Temporary Premises, and Landlord shall have no obligation to provide or pay for improvements of any kind with respect to the Temporary Premises, and (yvi) Tenant’s Share of Building Direct Expenses for the Temporary Premises. Tenant’s Share for Tenant shall not make any alterations or improvements to the Temporary Premises shall or any portion thereof, without Landlord’s prior written approval, which approval may be 3.6152%withheld in Landlord’s sole discretion. Tenant hereby acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Temporary Premises or the Building or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business.

Temporary Premises. During From and after the period commencing on full execution of this Lease by Landlord and Tenant and ending thirty (30) days after the Temporary Premises occurrence of the Commencement Date (as defined below) and ending sixty (60) days thereafter (the ““ Temporary Premises Termination DateExpiration Date ”), Landlord shall lease to Tenant, and Tenant shall lease from Landlord, temporary premises approximately twenty-four thousand nine hundred seven (the “Temporary Premises”24,907) rentable square feet located on the first fifth (1st5th) floor of the Building comprising approximately 4,845 rentable square feet and known as Suite 102. The (the “ Temporary Premises are depicted on Exhibit A attached hereto. The “Temporary Premises Commencement Date” shall mean ”) upon and subject to the date that Landlord delivers the Temporary Premises to Tenant in the condition described below, which is anticipated to occur on the business day immediately after the execution terms of this Amendment. Notwithstanding anything to the contrary in this Section 1, Landlord’s failure to deliver the Temporary Premises to Tenant on the estimated Temporary Premises Commencement Date shall not be a default by Landlord or otherwise render Landlord liable for damages. Tenant’s lease of the Temporary Premises shall be on the same terms and conditions as applicable to the PremisesLease, except that (i) during the period commencing on the Temporary Premises Commencement Date and ending on the Temporary Premises Termination Date, Tenant shall not be required to pay Base Minimum Monthly Rent or Operating Costs, Insurance Costs or Taxes with respect to its lease such Temporary Premises (provided, however, that Tenant shall pay to Landlord costs of janitorial services, separately-metered utilities and other services provided to Tenant). Tenant accepts the Temporary Premises, (ii) with respect to the Temporary Premises, Tenant shall not be required to pay Tenant’s Share of Building Direct Expenses, and (iii) no additional parking passes shall be allocated to Tenant Premises in connection with its lease of the Temporary Premises. The Temporary Premises are accepted by Tenant in “as is” condition and configuration without any representations or warranties by Landlord and agrees that Landlord shall have no obligation to make improve or pay for any alterations, additions, improvements otherwise alter the Temporary Premises. Any installation of cabling or renovations wiring in the Temporary Premises to prepare the Temporary Premises for by Tenant shall be performed by Tenant at Tenant’s occupancysole cost and expense and in accordance with the terms of Article 12 below. On the Temporary Premises Termination Expiration Date or such earlier termination of Tenant’s lease of the Temporary Premisesdate if this Lease is terminated, Tenant shall surrender the Temporary Premises to Landlord in accordance with the terms of Article 15 27 of the this Lease. Notwithstanding On or before the foregoing, if date that Tenant occupies surrenders the Temporary Premises beyond to Landlord, Tenant shall remove its cabling and wiring from the Temporary Premises Termination Date with Landlord’s consent, such occupancy and shall be on a month-to-month basis until terminated by either party upon at least fourteen (14) days prior written notice and, during such period, Tenant shall pay (x) Base Rent for restore the Temporary Premises in an amount equal to $28,101.00 per month, and (y) Tenant’s Share substantially the same condition existing as of Building Direct Expenses for the date Tenant takes occupancy of the Temporary Premises. Tenant’s Share for the Temporary Premises shall be 3.6152%, reasonable wear and tear, damage by casualty or condemnation excepted.

Temporary Premises. During the period commencing Landlord shall provide Tenant temporary access to approximately 4,406 rentable square feet on the Temporary Premises Commencement Date (10th floor of the Building as defined below) and ending sixty (60) days thereafter (the “Temporary Premises Termination Date”), Landlord shall lease to Tenant, and Tenant shall lease from Landlord, temporary premises shown on Exhibit D attached hereto (the “Temporary Premises”) located on the first (1st) floor of the Building comprising approximately 4,845 rentable square feet and known as Suite 102). The Temporary Premises are depicted on Exhibit A attached hereto. The “Temporary Premises Commencement Date” Landlord shall mean the date that Landlord delivers the Temporary Premises to Tenant in the condition described below, which is anticipated to occur on the business day immediately after the execution of this Amendment. Notwithstanding anything to the contrary in this Section 1, Landlord’s failure to deliver the Temporary Premises to Tenant on January 1, 2015 (the estimated “Temporary Premises Commencement Date Date”), and Tenant shall not take possession of the Temporary Premises on an “as is, where is, and with all faults” basis. Tenant shall pay no Base Rent or other rental (including any Expenses or Taxes) for the Temporary Premises during such occupancy. Notwithstanding the foregoing, Tenant shall pay for all electricity consumed within the Temporary Premises and, as a result thereof, shall be a default by separately billed for such usage. Tenant shall have the right to use and occupy the Temporary Premises until one (1) week after Landlord or otherwise render Landlord liable for damageshas (i) Substantially Completed the construction of the Tenant Improvements in the New Premises, and (ii) received all necessary certificates of occupancy allowing Tenant to occupy and conduct business therefrom. At such time as Tenant’s lease access to the Temporary Premises has ended, Tenant shall surrender same to Landlord in broom clean and substantially the same condition as same was delivered to Tenant, reasonable wear and tear and damage by fire or other casualty excepted. For the avoidance of doubt, otherwise as specified herein, until such time as Tenant has vacated the Temporary Premises, the Temporary Premises shall be on deemed to be included within the same terms definition of “Premises” and conditions as applicable to the “New Premises”, except that (i) during the period commencing on the Temporary Premises Commencement Date and ending on the Temporary Premises Termination Daterespectively, Tenant shall not be required to pay Base Rent with respect to its lease for purposes of the Temporary Premises, (ii) with respect to the Temporary Premises, Tenant shall not be required to pay Tenant’s Share of Building Direct Expenses, and (iii) no additional parking passes shall be allocated to Tenant in connection with its lease of the Temporary Premises. The Temporary Premises are accepted by Tenant in “Lease as is” condition and configuration without any representations or warranties by Landlord and Landlord shall have no obligation to make or pay for any alterations, additions, improvements or renovations in the Temporary Premises to prepare the Temporary Premises for Tenant’s occupancy. On the Temporary Premises Termination Date or such earlier termination of Tenant’s lease of the Temporary Premises, Tenant shall surrender the Temporary Premises to Landlord in accordance with the terms of Article 15 of the Lease. Notwithstanding the foregoing, if Tenant occupies the Temporary Premises beyond the Temporary Premises Termination Date with Landlord’s consent, such occupancy shall be on a month-to-month basis until terminated by either party upon at least fourteen (14) days prior written notice and, during such period, Tenant shall pay (x) Base Rent for the Temporary Premises in an amount equal to $28,101.00 per month, and (y) Tenant’s Share of Building Direct Expenses for the Temporary Premises. Tenant’s Share for the Temporary Premises shall be 3.6152%amended hereby.

Temporary Premises. During (a) Subject to the period commencing on terms and conditions of the Temporary Premises Commencement Date (as defined below) and ending sixty (60) days thereafter (the “Temporary Premises Termination Date”)Lease, Landlord shall lease to Tenantexcepting Monthly Base Rent, and Tenant shall lease from Landlord, temporary premises have right to use Suite 1450 (the “"Temporary Premises”") located on the first (1st) floor consisting of the Building comprising approximately 4,845 1,471 rentable square feet and known as Suite 102. The Temporary Premises are depicted on Exhibit A attached hereto. The “Temporary Premises Commencement Date” shall mean the effective October 6, 1997 through such date that Landlord delivers the Premises, as defined in the Lease, to Tenant in accordance with Exhibit C attached thereto. Tenant shall pay Landlord the amount of $4,167.83 as Monthly Base Rent for its use of the Temporary Premises. Landlord shall have no obligation to alter or remodel the Temporary Premises and shall deliver the Temporary Premises to Tenant in the condition described below, which is anticipated to occur on the business day immediately after the execution of this Amendmentits "as is" condition. Notwithstanding anything to the contrary in this Section 1, Landlord’s failure to deliver Tenant shall occupy the Temporary Premises to Tenant on the estimated Temporary Premises Commencement Date shall not be a default by Landlord or otherwise render Landlord liable for damages. Tenant’s lease of the Temporary Premises shall be on the same under all other terms and conditions as applicable to the Premises, except that (i) during the period commencing on the Temporary Premises Commencement Date and ending on the Temporary Premises Termination Date, Tenant shall not be required to pay Base Rent with respect to its lease of the Temporary Premises, (ii) with respect to the Temporary Premises, Tenant shall not be required to pay Tenant’s Share of Building Direct Expenses, and (iii) no additional parking passes shall be allocated to Tenant contained in connection with its lease of the Temporary Premises. The Temporary Premises are accepted by Tenant in “as is” condition and configuration without any representations or warranties by Landlord and Landlord shall have no obligation to make or pay for any alterations, additions, improvements or renovations in the Temporary Premises to prepare the Temporary Premises for Tenant’s occupancy. On the Temporary Premises Termination Date or such earlier termination of Tenant’s lease of the Temporary Premises, Tenant shall surrender the Temporary Premises to Landlord in accordance with the terms of Article 15 of the Lease. Notwithstanding the foregoingabove, if Landlord shall have the right to terminate this Lease in connection with Suite 1450 should Landlord not deliver the Premises to Tenant occupies as of December 1, 1997. If the Temporary Premises beyond is not delivered to Tenant by January 1, 1998, Tenant shall have the Temporary Premises Termination Date right to terminate this Lease by providing Landlord with Landlord’s consent, such occupancy shall be on a month-to-month basis until terminated by either party upon at least fourteen five (145) days prior written notice andnotice. In such event, during such periodLandlord shall incur no liability and shall return all monies paid by Tenant in connection with the Premises (e.g. Security Deposit, Tenant first month's rent). TENANT: LANDLORD: INTERNET ACCESS MARKET & SECOND, Inc. FINANCIAL CORPORATION, Inc. a Delaware corporation a California corporation BY: /s/ TIMO▇▇▇ ▇▇▇▇▇▇▇▇ BY: [SIG] ------------------------------- --------------------------------- ITS: C.O.O. ITS: AUTHORIZED SIGNATORY ------------------------------ -------------------------------- BY: /s/ PETE▇ ▇▇▇▇▇▇▇▇ --------------------------------- PETE▇ ▇▇▇▇▇▇▇▇ ITS: AUTHORIZED SIGNAT0RY --------------------------------- EXHIBIT A "PREMISES" [GRAPHIC] EXHIBIT B 595 ▇▇▇▇▇▇ ▇▇▇▇▇▇ RULES AND REGULATIONS 1. The sidewalks, halls, passages, exits, entrances, shopping malls, elevators, escalators and stairways of the Building shall pay (x) Base Rent not be obstructed by any of the tenants or used by them for any purpose other than for ingress to and egress from their respective premises. The halls, passages, exits, entrances, shopping malls, elevators, escalators and stairways are not for the Temporary Premises general public and Landlord shall in an amount equal all cases retain the right to $28,101.00 per monthcontrol and prevent access thereto of all persons whose presence in the judgment of Landlord would be prejudicial to the safety, character, reputation and (y) Tenant’s Share interests of the Building Direct Expenses for the Temporary Premises. Tenant’s Share for the Temporary Premises and its tenants, provided that nothing herein contained shall be 3.6152%construed to prevent such access to persons with whom any tenant normally deals in the ordinary course of its business, unless such persons are engaged in illegal activities. No tenant and no employee or invitee of any tenant shall go upon the roof of the Building. Landlord shall have the right at any time without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor to change the arrangement and/or location of entrances or passageways, doors or doorways, corridor, elevators, stairs, toilets or other common areas of the Building.

Temporary Premises. Commencing on March 1, 2020 (“Temporary Premises Commencement Date”), and continuing until February 28, 2021 (“Temporary Premises Term”), Landlord shall lease to Tenant and Tenant shall lease from Landlord that portion of the 10578 Building, containing approximately 11,749 rentable square feet, as shown on Exhibit A attached to this First Amendment (the “Temporary Premises”). Tenant acknowledges and agrees that all of the terms and conditions of the Lease shall apply to the leasing of the Temporary Premises as if the Temporary Premises were the Premises, except that: (a) the term of the lease with respect to the Temporary Premises shall be as set forth in the first sentence of this Section 1; (b) commencing on the Temporary Premises Commencement Date, Tenant shall be required to pay Base Rent to Landlord on the first day of each month of the Temporary Premises Term in the amount of $60.00 per rentable square foot of the Temporary Premises per year on a triple net basis (which amount shall not be subject to adjustment during the Temporary Premises Term), (c) commencing on the Temporary Premises Commencement Date, Tenant shall pay Tenant’s Share of Operating Expenses with respect to the 10578 Building with respect to the Temporary Premises (which shall be equal to 7.99%) and separately metered Utilities provided to the Temporary Premises, (d) commencing on the Temporary Premises Commencement Date, Tenant shall pay the Amenities Fee with respect to the Temporary Premises at the same rate that Tenant is then paying with respect to the Premises, as may be adjusted pursuant to Section 42(b) of the Lease, (e) Landlord shall not be required to make any improvements to the Temporary Premises and Tenant shall accept the Temporary Premises in its “as is” condition; (f) subject to the terms and conditions of Section 10 of the Lease, Tenant shall have the right during the Temporary Premises Term, in common with other tenants and occupants of the Project, to use 2.5 parking spaces per 1,000 rentable square feet of the Temporary Premises, which parking spaces shall be located in those areas designated for non-reserved parking, (g) Tenant shall have the exclusive use of 100% of the control area in the 10578 Building designated on Exhibit C attached to this First Amendment, which control area Landlord and Tenant acknowledge and agree is located within the Premises, (h) notwithstanding anything to the contrary contained in Section 12 of the Lease, Tenant shall have no right to construct any Alterations or improvements in the Temporary Premises, and (i) interior signs on doors and the directory tablet of the 10578 Building shall be inscribed, painted or affixed for Tenant by Landlord at the sole cost and expense of Tenant, and shall be of a size, color and type acceptable to Landlord, but Tenant shall have no rights to monument signage or building signage in connection with the Temporary Premises. Tenant acknowledges that Tenant shall be responsible for obtaining all licenses required for Tenant’s occupancy of the Temporary Premises including, without limitation, any Hazardous Materials-related licenses and for delivering a Surrender Plan as provided for in the Lease with respect to the Temporary Premises at the expiration or earlier termination of the Temporary Premises Term. During the period commencing Temporary Premises Term, Tenant shall have the right to use the furniture, fixtures and equipment belonging to Landlord described on Exhibit B attached to this First Amendment and located within the Temporary Premises on the Temporary Premises Commencement Date (as defined below) and ending sixty (60) days thereafter (the “Temporary Premises Termination DateLandlord’s Furniture”), Landlord shall lease to Tenant, and . Tenant shall lease have no right to remove any of Landlord’s Furniture from Landlord, temporary premises (the “Temporary Premises”) located on the first (1st) floor of the Building comprising approximately 4,845 rentable square feet and known as Suite 102. The Temporary Premises are depicted on Exhibit A attached hereto. The “Temporary Premises Commencement Date” shall mean the date that Landlord delivers the Temporary Premises without Landlord’s prior written consent and Landlord’s Furniture shall be returned to Landlord at the expiration or earlier termination of the Term in substantially the same condition as received by Tenant, except for ordinary wear and tear and casualty. Landlord represents to Tenant in the condition described below, which is anticipated to occur that Landlord owns Landlord’s Furniture reflected on the business day immediately after the execution Exhibit B as of date of this AmendmentFirst Amendment free and clear of any third party liens or claims. Notwithstanding anything to the contrary in this Section 1, Landlord’s failure to deliver Landlord and Tenant acknowledge and agree that (x) Tenant occupied the Temporary Premises to Tenant on the estimated Temporary Premises Commencement Date shall not be a default by Landlord or otherwise render Landlord liable for damages. Tenant’s lease of the Temporary Premises shall be on the same terms and conditions as applicable to the Premises, except that (i) during the period commencing on immediately preceding the Temporary Premises Commencement Date pursuant to a License Agreement between Landlord and ending on Tenant dated of even date herewith (the “License Agreement”), (y) Tenant made certain Approved Alterations (as defined in the License Agreement) to the Temporary Premises Termination Datewhile it occupied the Temporary Premises under the License Agreement, and (z) to the extent that the Approved Alterations were not completed by Tenant during the Term (as defined in the License Agreement) of the License Agreement, Tenant shall not be required have the right to pay Base Rent with respect continue to its lease construct and complete the Approved Alterations during the initial 30 days of the Temporary Premises, (ii) with respect to the Temporary Premises, Premises Term. Tenant shall not be required to pay Tenant’s Share of Building Direct Expenses, and (iii) no additional parking passes shall be allocated to Tenant in connection with its lease of have the Temporary Premises. The Temporary Premises are accepted by Tenant in “as is” condition and configuration without any representations or warranties by Landlord and Landlord shall have no obligation right to make or pay for any alterations, additions, improvements or renovations additional Alterations in the Temporary Premises pursuant to prepare the Temporary Premises for Tenant’s occupancy. On the Temporary Premises Termination Date or such earlier termination of Tenant’s lease of the Temporary Premises, Tenant shall surrender the Temporary Premises to Landlord and in accordance with the terms and conditions of Article 15 Section 12 of the Lease. Notwithstanding ; provided, however, that, prior to the foregoing, if Tenant occupies expiration of the Temporary Premises beyond Term, Tenant shall, at Tenant’s sole cost and expense, remove the Approved Alterations and any and all additional Alterations constructed in the Temporary Premises Termination Date with Landlord’s consent, such occupancy shall be on a month-to-month basis until terminated by either party upon at least fourteen (14) days prior written notice and, during such period, Tenant shall pay (x) Base Rent for the Temporary Premises in an amount equal to $28,101.00 per monthTerm (or the Extended Temporary Premises Term (as defined below), and (y) Tenant’s Share of Building Direct Expenses for the Temporary Premises. Tenant’s Share for restore the Temporary Premises shall be 3.6152%to its condition as of the Commencement Date (as defined in the License Agreement) of the License Agreement.

Temporary Premises. During the period commencing Commencing on the Temporary date that is 1 business day after the mutual execution and delivery of this Third Amendment by the parties, and continuing until the date Landlord Delivers the Second Expansion Premises Commencement Date (as defined below) and ending sixty (60) days thereafter (the “Temporary Premises Termination Date”)to Tenant, Landlord shall lease to Tenant, Tenant and Tenant shall lease from LandlordLandlord approximately 5,569 rentable square feet of office space on the ground floor of the west Building, temporary premises as shown on Exhibit D attached hereto (the “Temporary Premises”) located on the first (1st) floor ). Tenant acknowledges and agrees that all of the Building comprising approximately 4,845 rentable square feet terms and known as Suite 102. The Temporary Premises are depicted on Exhibit A attached hereto. The “Temporary Premises Commencement Date” conditions of this Third Amendment shall mean apply to the date that Landlord delivers leasing of the Temporary Premises to Tenant in the condition described below, which is anticipated to occur on the business day immediately after the execution of this Amendment. Notwithstanding anything to the contrary in this Section 1, Landlord’s failure to deliver as if the Temporary Premises were the Premises, except that: (a) the term of the Lease with respect to Tenant on the estimated Temporary Premises Commencement Date shall not be a default by Landlord or otherwise render Landlord liable for damages. Tenant’s lease of the Temporary Premises shall be on as set forth in the same terms and conditions as applicable to the Premises, except that first sentence of this Section 12; (ib) during the period commencing on the Temporary Premises Commencement Date and ending on the Temporary Premises Termination Date, Tenant shall not be required to pay Base Rent with respect to its lease of any base rent for the Temporary Premises, but shall be required to pay Operating Expenses; (iic) with respect to the Temporary Premises, Tenant’s Share of Operating Expenses shall be 4.08%, (d) Tenant shall be required to pay for all Utilities provided to the Temporary Premises; (e) Landlord shall deliver the Temporary Premises to Tenant free of furniture and in broom clean condition but shall not be required to pay Tenant’s Share of Building Direct Expenses, and (iii) no additional parking passes shall be allocated make any improvements to Tenant in connection with its lease of the Temporary Premises. The Premises and Tenant shall accept the Temporary Premises are accepted by Tenant in its “as is” condition and configuration without any representations or warranties by Landlord and Landlord shall have no obligation to make or pay for any alterations, additions, improvements or renovations in the Temporary Premises to prepare the Temporary Premises for Tenant’s occupancy. On the Temporary Premises Termination Date or such earlier termination of Tenant’s lease of the Temporary Premises, Tenant shall surrender the Temporary Premises to Landlord in accordance with the terms of Article 15 of the Lease. Notwithstanding the foregoing, if Tenant occupies the Temporary Premises beyond the Temporary Premises Termination Date with Landlord’s consent, such occupancy shall be on a month-to-month basis until terminated by either party upon at least fourteen condition; (14) days prior written notice and, during such period, Tenant shall pay (x) Base Rent for the Temporary Premises in an amount equal to $28,101.00 per month, and (yf) Tenant’s Share use of Building Direct Expenses for the Temporary Premises. Tenant’s Share for the Temporary Premises shall be 3.6152%limited to office purposes, (g) notwithstanding anything to the contrary contained in Section 22 of the Lease, Tenant shall not have the right to sublease any portion of the Temporary Premises or assign the Lease with respect to the Temporary Premises, and (h) Tenant shall have right, at Tenant’s sole cost and expense, to paint the Temporary Premises and perform other Alterations in the Temporary Premises approved by Landlord, all of which Alterations shall be subject to the terms of Section 12 of the Lease. Tenant acknowledges that Tenant shall be responsible for obtaining all licenses required for Tenant’s occupancy of the Temporary Premises including and for surrendering the Premises as required under the Lease at the end of the Temporary Premises Term. Notwithstanding anything to the contrary contained herein, if Landlord’s Delivery of the Second Expansion Premises is delayed by more than 30 days as a result of Tenant delays, commencing on the 31st day of such delay, Tenant shall commence paying Base Rent with respect to the Temporary Premises at the rate of $4.95 per rentable square foot of the Temporary Premises per month through the date that Landlord Delivers the Second Expansion Premises to Tenant.

Temporary Premises. During the period commencing on the Temporary Premises Commencement Date (Effective as defined below) and ending sixty (60) days thereafter of January 1, 2015 (the “Temporary Premises Termination Commencement Date”), Landlord shall lease to Tenant, and Tenant shall lease from Landlord, temporary premises the space located on the 24th floor of the Building shown outlined on the attached Exhibit A (the “Temporary Premises”) located on the first (1st) floor of the Building comprising approximately 4,845 rentable square feet and known as Suite 1022400 shall be added to the premises covered by the Lease. The Temporary Premises are depicted on Exhibit A attached hereto. The “Temporary Premises Commencement Date” shall mean Landlord and Tenant hereby stipulate for all purposes of the date Lease that Landlord delivers the Temporary Premises to Tenant in the condition described below, which is anticipated to occur on the business day immediately after the execution contains 14,331 rentable square feet of this Amendment. Notwithstanding anything to the contrary in this Section 1, Landlord’s failure to deliver the Temporary Premises to Tenant on the estimated Temporary Premises Commencement Date shall not be a default by Landlord or otherwise render Landlord liable for damagesspace. Tenant’s lease of the Temporary Premises shall be on all of the same terms terms, covenants and conditions as contained in the Lease applicable to the Premises, except that as follows: (i) during the period commencing term of the Temporary Premises lease shall commence on the Temporary Premises Commencement Date and ending expire on the date (the “Temporary Premises Termination Expiration Date”) that is the earlier of July 31, 2015 or ten (10) days after the date on which Tenant shall substantially complete the Initial Alterations (as defined in Paragraph 6 below), and Tenant shall not be required have any right to pay Base Rent with respect to renew or further extend the term of its lease of the Temporary Premises, ; (ii) with respect to the Temporary Premises, Tenant shall not be required to pay Tenant’s Share of Building Direct Expenses, and (iii) no additional parking passes Premises shall be allocated delivered to Tenant in connection with its lease of the Temporary Premises. The Temporary Premises are accepted by Tenant in “as is” condition and configuration without any representations or warranties by Landlord as-is condition, and Landlord shall have no obligation to make or pay for any alterations, additions, improvements or renovations thereto to prepare the same for Tenant's occupancy; (iii) unless Tenant shall holdover in the Temporary Premises to prepare beyond the Temporary Premises Expiration Date, in which case the provisions of the following paragraph shall apply, Tenant shall have no obligation to pay Monthly Rent for Tenant’s occupancy. On the Temporary Premises, (iv) Tenant shall not have any right to make any Alterations to the Temporary Premises Termination Date except with Landlord’s prior written consent in Landlord’s sole and absolute discretion, (v) on or such earlier termination prior to the Temporary Premises Expiration Date, Tenant shall vacate the Temporary Premises and surrender the same to Landlord in the condition required by Paragraph 20. a. of the Lease (and for purposes of this clause (v) all references in said Paragraph 20.a. to the “Premises” shall be deemed references to the Temporary Premises as defined herein), (vi) Tenant shall pay for electricity furnished to the Temporary Premises in the same manner as Tenant pays for electricity furnished to the Premises in accordance with Paragraph 5 below, and (vii) during the term of the Tenant’s lease of the Temporary Premises, Tenant shall surrender pay Additional Rent for the Temporary Premises pursuant to Landlord in accordance with the terms of Article 15 Paragraph 7 of the Lease, except that the Additional Rent payable by Tenant for the Temporary Premises shall be calculated on a net basis rather than by reference to a Base Year or Base Tax Year (i.e., Tenant shall pay Tenant’s Share (as defined below) of the Operating Expenses and Tax Expenses incurred by Landlord during the Lease term of the Temporary Premises, without regard to any increases therein over Base Year or Base Tax Year amounts thereof). For purposes of the foregoing, “Tenant’s Share” with respect to the Temporary Premises shall be 4.15%. Notwithstanding the foregoing, if Tenant occupies shall fail to surrender possession of the Temporary Premises to Landlord in the condition required hereunder on or prior to the Temporary Premises Expiration Date, the provisions of Paragraph 20 of the Lease regarding a holdover without Landlord’s consent shall be applicable, and Tenant shall pay Monthly Rent for the Temporary Premises during such holdover period in the amount of $107,482.50 per month, as pro-rated on a daily basis on the basis of a thirty (30) day month. The foregoing shall not imply any right of Tenant to remain in possession of the Temporary Premises beyond the Temporary Premises Termination Date with Landlord’s consentExpiration Date, such occupancy shall be on a month-to-month basis until terminated by either party upon at least fourteen and Landlord reserves all other rights and remedies pursuant to the Lease (14including pursuant to Paragraph 20.c. of the Lease) days prior written notice and, during such period, and applicable law if Tenant shall pay (x) Base Rent for fail to timely surrender the Temporary Premises as required hereunder. Upon either party’s request, Landlord and Tenant shall execute a letter in an amount equal to $28,101.00 per month, and (y) Tenant’s Share substantially the form of Building Direct Expenses for the Temporary Premises. Tenant’s Share for Exhibit B attached hereto confirming the Temporary Premises shall be 3.6152%Commencement Date and the Temporary Premises Expiration Date.

Temporary Premises. During the period commencing on the Temporary Premises Commencement Date Within thirty (as defined below) and ending sixty (6030) days thereafter (the “Temporary Premises Termination Date”)following Landlord's receipt of a written request by Tenant, Landlord shall lease to Tenant, and make approximately five thousand (5,000) square feet of Rentable Area in the Project available for use by Tenant shall lease from Landlord, as a temporary premises (the “"Temporary Premises”") located on while Tenant undertakes certain Alterations to the first Premises. Tenant shall make such request, if at all, within forty-five (1st45) floor of days following the Building comprising approximately 4,845 rentable square feet and known as Suite 102. The Temporary Premises are depicted on Exhibit A attached hereto. The “Temporary Premises Commencement Date” shall mean the date that Landlord delivers the Temporary Premises to Tenant in the condition described below, which is anticipated to occur on the business day immediately after the parties' full execution of this Amendment. Notwithstanding anything to If Tenant makes such a request within the contrary time provided in this Section 1Paragraph 7, Landlord’s failure then Landlord shall permit Tenant to deliver make use of the Temporary Premises for a period not to Tenant on exceed one hundred eight (180) days (measured from the estimated date Landlord makes the Temporary Premises Commencement Date shall not be a default by Landlord or otherwise render Landlord liable Space available for damagesTenant's use), free from the Payment of Base Rent and Escalation Rent (for the Temporary Space only), but subject to all of the other terms and conditions contained in the Lease. Tenant’s lease The actual location of the Temporary Premises shall be on determined by Landlord, in its sole and absolute discretion. Landlord shall not be in default under the same terms Lease if Landlord is unable to make Temporary Premises available for Tenant's use. If Landlord is not able to tender Temporary Premises to Tenant within thirty (30) days following Tenant's timely request therefor, then Tenant's sole remedy shall be the right to cancel this Amendment by written notice received by Landlord within ten (10) days following the expiration of such thirty (30) day period. Tenant shall be deemed to have elected not to cancel this Amendment if Tenant fails to deliver a written notice of cancellation to Landlord within the ten (10) day period referenced above. If Tenant elects to cancel this Amendment within the time and conditions as applicable to the Premisesmanner described above, except that then (i) during the period commencing on Lease shall remain in full force and effect, as if the Temporary Premises Commencement Date parties had never entered into this Amendment, and ending on the Temporary Premises Termination Date, Tenant shall not be required to pay Base Rent with respect to its lease of the Temporary Premises, (ii) with respect to the Temporary Premises, Tenant shall not be required promptly return to pay Tenant’s Share of Building Direct Expenses, and (iii) no additional parking passes shall be allocated to Tenant in connection with its lease Landlord any portion of the Temporary Premises. The Temporary Premises are accepted by Tenant in “as is” condition and configuration without any representations or warranties Improvement Allowance previously disbursed by Landlord and Landlord shall have no obligation to make or pay for any alterations, additions, improvements or renovations in the Temporary Premises to prepare the Temporary Premises for Tenant’s occupancy. On the Temporary Premises Termination Date or such earlier termination of Tenant’s lease of the Temporary Premises, Tenant shall surrender the Temporary Premises to Landlord in accordance with the terms of Article 15 of the Lease. Notwithstanding the foregoing, if Tenant occupies the Temporary Premises beyond the Temporary Premises Termination Date with Landlord’s consent, such occupancy shall be on a month-to-month basis until terminated (including disbursements by either party upon at least fourteen (14) days prior written notice and, during such period, Tenant shall pay (x) application against Base Rent for the Temporary Premises in an amount equal to $28,101.00 per month, and (y) Tenant’s Share of Building Direct Expenses for the Temporary Premises. Tenant’s Share for the Temporary Premises shall be 3.6152%and/or Escalation Rent).

Temporary Premises. During In the period commencing event that Landlord does not Substantially Complete Landlord’s Work on or before the Temporary Premises Commencement Date (as defined below) and ending sixty (60) days thereafter (the “Temporary Premises Termination Outside Completion Date”), Landlord shall lease provide Tenant with a license to Tenant, and Tenant shall lease from Landlord, temporary premises (use the “Temporary Premises”) located on the first (1st) floor . Such license shall be subject to all of the Building comprising approximately 4,845 rentable square feet terms, covenants and known as Suite 102. The Temporary Premises are depicted on Exhibit A attached hereto. The “Temporary Premises Commencement Date” shall mean the date that Landlord delivers the Temporary Premises to Tenant in the condition described below, which is anticipated to occur on the business day immediately after the execution conditions of this Amendment. Notwithstanding anything to the contrary in this Section 1, Landlord’s failure to deliver the Temporary Premises to Tenant on the estimated Temporary Premises Commencement Date shall not be a default by Landlord or otherwise render Landlord liable for damages. Tenant’s lease of the Temporary Premises shall be on the same terms and conditions as applicable to the PremisesLease, except that (i) during the period commencing on the Temporary Premises Commencement Date and ending on the Temporary Premises Termination Date, Tenant shall not be required to pay Base Rent with respect to its lease of the Temporary Premises, (ii) and Additional Rent with respect to the Temporary Premises; provided, however, that Tenant shall be liable for the cost of any utilities and services that are provided to Tenant with respect to the Temporary Premises. All other non-economic terms of this Lease shall apply, subject to the following additional terms and conditions: 40.1 The Temporary Premises shall be provided on an “as is,” “where-is,” and “with all faults” basis. By taking possession of the Temporary Premises, Tenant is deemed to have accepted the Temporary Premises and agreed that the Temporary Premises are in good order and satisfactory condition, with no representations or warranties of any kind or nature, expressed or implied, by Landlord as to the condition of the Temporary Premises, the Building, the Property, or the suitability thereof for Tenant’s use. 40.2 If, within ten (10) days after Landlord has notified Tenant that Landlord’s Work is Substantially Complete, Tenant fails to surrender the Temporary Premises (or any portion thereof) in accordance with the provisions of this Lease, including, without limitation Section 35 (Surrender of Premises), Tenant shall not pay Landlord (a) as liquidated damages for such holding over alone, an amount, calculated on a per diem basis for each day of such unlawful retention, equal to the greater of 200% of (i) the then-current Annual Base Rent (which shall be required to pay Tenant’s Share calculated at the rate of Building Direct Expenses$23.00 per RSF based on 2,426 RSF), or (ii) the fair market rental for the Temporary Premises, for the time Tenant thus remains in possession, plus, in each case, all Additional Rent and other sums payable hereunder, and (iiib) no additional parking passes all other damages, costs and expenses sustained by Landlord by reason of Tenant’s holding over. Without limiting any rights and remedies of Landlord resulting by reason of the wrongful holding over by Tenant, or creating any right in Tenant to continue in possession of the Temporary Premises, all Tenant’s obligations with respect to the use, occupancy and maintenance of the Temporary Premises shall continue during such period of unlawful retention. To the maximum extent enforceable by law, Tenant covenants and agrees to exonerate, indemnify, defend, protect and save Landlord, Landlord’s Agents and Landlord’s Insured Parties harmless from and against any and all claims, demands, expenses, losses, suits and damages (including reasonable attorneys’ fees) as may be allocated occasioned by reason of Tenant’s holding over, including, without limiting the generality of the foregoing, any claims made by any succeeding tenant founded upon such failure to surrender and any lost profits to Landlord resulting therefrom. The provisions of this Section 40.2 shall survive the expiration or earlier termination of this Lease. 40.3 Tenant agrees to keep the Temporary Premises in connection with its lease good order, condition and repair, excepting only reasonable wear and tear, casualty and condemnation, and shall indemnify Landlord against any and all damage to the Temporary Premises or the Building arising from Tenant’s use of the Temporary Premises. The Temporary Premises are accepted by Tenant in “as is” condition and configuration without any representations or warranties by Landlord and Landlord shall have no obligation agrees not to make or pay for any alterations, additions, improvements or renovations other changes in the Temporary Premises or to prepare the Temporary Premises for Tenant’s occupancy. On the Temporary Premises Termination Date or such earlier termination of Tenant’s lease of the Temporary Premises, other than the installation of typical office decorations and furnishings which are not affixed to the realty, without the prior written consent of Landlord. 40.4 Tenant shall surrender shall, at all times during the period that Tenant is in possession of the Temporary Premises to Landlord (or any portion thereof), procure and maintain at its sole cost and expense insurance in accordance with the terms Section 15 (Insurance) of Article 15 of the this Lease. Notwithstanding the foregoing. 40.5 Tenant may not assign, if Tenant occupies the Temporary Premises beyond the Temporary Premises Termination Date with Landlord’s consentmortgage, pledge, encumber or otherwise transfer its interest or rights under Section 40, and any such occupancy purported transfer or attempted transfer shall be on null and void and without effect, shall terminate Tenant’s rights under Section 40, and shall constitute an Event of Default under this Lease. 40.6 It is understood that Tenant’s rights under Section 40 in no way constitute a month-to-month basis until terminated tenancy, and that nothing herein shall be constituted to create in whole or in part, expressly or by either party upon implication, an estate or interest in land. 40.7 If Tenant fails to perform any obligation hereunder, Landlord shall have all rights and remedies available at least fourteen (14) days prior law or equity after giving Tenant written notice and, during of such period, Tenant shall pay (x) Base Rent for the Temporary Premises in an amount equal to $28,101.00 per month, and (y) Tenant’s Share of Building Direct Expenses for the Temporary Premises. Tenant’s Share for the Temporary Premises shall be 3.6152%default.

Temporary Premises. During the period commencing Commencing on the Temporary Expansion Premises Commencement Delivery Date and continuing until the earlier of (as defined belowi) and ending sixty (60) days thereafter (the “Temporary Premises Termination Date”), Landlord shall lease to Tenant, and Tenant shall lease from Landlord, temporary premises (the “Temporary Premises”) located on the first (1st) floor of the Building comprising approximately 4,845 rentable square feet and known as Suite 102. The Temporary Premises are depicted on Exhibit A attached hereto. The “Temporary Premises Commencement Date” shall mean the date that Landlord delivers the Temporary Premises to Tenant in the condition described below, which is anticipated to occur on the business day immediately after the execution of this Amendment. Notwithstanding anything to the contrary in this Section 1, Landlord’s failure to deliver the Temporary Premises to Tenant on the estimated Temporary Premises Commencement Date shall not be a default by Landlord or otherwise render Landlord liable for damages. Tenant’s lease of the Temporary Premises shall be on the same terms and conditions as applicable to the Premises, except that (i) during the period commencing on the Temporary Premises Commencement Date and ending on the Temporary Premises Termination Date, Tenant shall not be required to pay Base Rent with respect to its lease of the Temporary Premises, (ii) with respect to the Temporary Premises, Tenant shall not be required to pay Tenant’s Share of Building Direct Expenses, and (iii) no additional parking passes shall be allocated to Tenant in connection with its lease of the Temporary Premises. The Temporary Premises are accepted by Tenant in “as is” condition and configuration without any representations or warranties by Landlord and Landlord shall have no obligation to make or pay for any alterations, additions, improvements or renovations in the Temporary Premises to prepare the Temporary Premises for Tenant’s occupancy. On the Temporary Premises Termination Date or such earlier termination of Tenant’s lease of the Temporary Premises, Tenant shall surrender surrenders the Temporary Premises to Landlord in accordance with surrender requirements and in the terms of Article 15 of condition required with respect to the Lease. Notwithstanding Existing Premises pursuant to the foregoing, if Tenant occupies the Temporary Premises beyond the Temporary Premises Termination Date with Landlord’s consent, such occupancy Lease (which shall be on a month-to-month basis until terminated by either party upon at least fourteen (14) days no less than 30 days' prior written notice andto Landlord) or (ii) the date the Lease expires or is earlier terminated ("Temporary Premises Term"), during such period, Landlord shall lease to Tenant and Tenant shall pay (x) Base Rent for the Temporary Premises in an amount equal to $28,101.00 per month, and (y) Tenant’s Share of Building Direct Expenses for lease from Landlord the Temporary Premises. Tenant’s Share for Tenant acknowledges and agrees that all of the terms and conditions of the Lease shall apply to the leasing of the Temporary Premises as if the Temporary Premises were the Demised Premises, except that: (a) the term of this Lease with respect to the Temporary Premises shall be 3.6152as set forth in the first sentence of this Section 9, (b) Tenant shall pay Basic Annual Rent with respect to the Temporary Premises in the amount of $28.00 per rentable square foot of the Temporary Premises per year, subject to annual increases of 3% upon each anniversary of the Expansion Premises Delivery Date, during the Temporary Premises Term, (c) Tenant shall pay Tenant's Proportionate Share with respect to the Temporary Premises (which shall be equal to 1.63%), (d) Landlord shall not be required to make any improvements to the Temporary Premises and Tenant shall accept the Temporary Premises in its "as is" condition, (e) Tenant shall have no right, nor shall Tenant be required, to make any Alterations or improvements to the Temporary Premises, (f) no additional Security Deposit shall be required for the Temporary Premises and (g) Tenant shall have the right, subject to the terms of Section 1.3 of the original Lease, to use its pro rata share of parking spaces with respect to the Temporary Premises (which as of the Expansion Premises Commencement Date shall be 7 spaces).

Temporary Premises. During (a) Prior to the period commencing on the Temporary Premises Commencement Date (as defined below) and ending sixty (60) days thereafter (the “Temporary Premises Termination Date”), Landlord shall lease use commercially reasonable efforts to Tenant, and make available to Tenant shall lease from Landlord, up to 12,000 rentable square feet of temporary premises (the “Temporary Premises”) located on the first (1st) floor of the Building comprising approximately 4,845 rentable square feet and known as Suite 102). The Temporary Premises are depicted on Exhibit A attached heretoshall be located either in the Building and/or in other buildings located in Emeryville or Berkeley owned by entities affiliated with Landlord and may be located in one or more of such buildings. The “Notwithstanding the foregoing or any other provision of this Section 2.2, Landlord makes no representation or promise that any such Temporary Premises Commencement Datewill be available at any time for Tenant’s use. (b) Within thirty (30) days after the Date of Lease, Tenant shall notify Landlord as to the amount of any laboratory Temporary Premises which it believes it will require, and thereafter Landlord and Tenant shall cooperate reasonably with each other and in good faith to address, within ten (10) days after Landlord’s receipt of such notice from Tenant, Tenant’s needs for laboratory Temporary Premises (including, without limitation, identifying the location of the laboratory Temporary Premises, the delivery date for the laboratory Temporary Premises, and the Base Rent for the laboratory Temporary Premises (subject to Section 2.2(d) below)). Landlord shall have no obligation hereunder to provide, and Tenant shall have no obligation hereunder to lease, any Temporary Premises (either laboratory space or Office Space) unless any such Temporary Premises are available and the terms thereof are mutually acceptable to Landlord and Tenant. (c) As part of the Temporary Premises, a suite of office space with cubicle office furniture in place may be available for lease in EmeryStation North, ▇▇▇▇▇ Station or Heritage Square (the “Office Space”). If available, such Office Space may be leased by Tenant at the rate of $2.75 fully serviced per rentable square foot per month. Landlord will notify Tenant from time to time during the period from the Date of Lease until January 31, 2008, of any then-available Office Space containing a minimum of 2,000 rentable square feet, and Tenant shall have ten (10) business days after receipt of such notice to elect to lease such Office Space at the rental rate set forth in this Section 2.2(c) and on the other terms of this Section 2.2 applicable to Office Space. (d) The Monthly Base Rent for any laboratory Temporary Premises shall be equal to the lesser of (i) an amount equal to $3.47 per rentable square foot of such laboratory Temporary Premises, or (ii) the fair market rental value of such laboratory Temporary Premises, as reasonably determined by Landlord and Tenant prior to the occupancy of such laboratory Temporary Premises. In addition to Monthly Base Rent, Tenant shall pay Tenant’s Share of Operating Expenses and Taxes for the applicable building(s) in which the laboratory Temporary Premises are located, based on the ratio of the rentable square feet of the laboratory Temporary Premises in the applicable building to the total rentable square feet in the applicable building. (e) The Temporary Premises (as built out for laboratory use or office space, as applicable) shall be delivered to Tenant in its “as is” condition and Landlord shall mean have no obligation to perform any tenant improvements or other alterations in the date that Landlord delivers Temporary Premises. (f) The Temporary Premises shall be solely for use by Tenant, and Tenant’s occupancy of the Temporary Premises shall be subject to all of the terms and conditions of this Lease (to the extent applicable), and Tenant in shall provide evidence of the condition described below, which is anticipated insurance coverage required hereunder prior to occur on occupying any portion of the business day immediately Temporary Premises. (g) Within thirty (30) days after the execution Commencement Date, Tenant shall surrender and vacate the Temporary Premises in substantially the same condition in which the Temporary Premises were delivered to Tenant, subject to ordinary wear and tear, casualty, condemnation and Landlord’s repair obligations. If Tenant shall not so vacate, Tenant shall be a holdover tenant with respect to the Temporary Premises and shall be subject to Article 13 of this Amendment. Lease. (h) Notwithstanding anything to the contrary in this Section 12.2, if, despite Landlord’s failure commercially reasonable efforts to deliver the Temporary Premises such space, Landlord fails to Tenant on the estimated Temporary Premises Commencement Date shall not be a default by Landlord or otherwise render Landlord liable for damages. Tenant’s lease deliver exclusive possession of an increment of the Temporary Premises shall be on (including any laboratory space or Office Space) which Tenant has elected to lease pursuant to this Section 2.2 by the same terms delivery date therefor agreed to by Landlord and conditions as applicable to the Premises, except that (i) during the period commencing on the Temporary Premises Commencement Date and ending on the Temporary Premises Termination DateTenant, Tenant shall not be required have the right to pay Base Rent with respect rescind its election to its lease such increment of the Temporary Premises, (ii) with respect to the Temporary Premises, Tenant shall not be required to pay Tenant’s Share of Building Direct Expenses, and (iii) no additional parking passes shall be allocated to Tenant in connection with its lease of the Temporary Premises. The Temporary Premises are accepted by Tenant in “as is” condition and configuration without any representations or warranties by Landlord and Landlord shall have no further obligation to make or pay for any alterations, additions, improvements or renovations in the Temporary Premises to prepare the Temporary Premises for Tenant’s occupancy. On the Temporary Premises Termination Date or such earlier termination of Tenant’s lease of the Temporary Premises, Tenant shall surrender the Temporary Premises to Landlord in accordance with the terms of Article 15 of the Lease. Notwithstanding the foregoing, if Tenant occupies the Temporary Premises beyond the Temporary Premises Termination Date with Landlord’s consent, such occupancy shall be on a month-to-month basis until terminated by either party upon at least fourteen (14) days prior written notice and, during such period, Tenant shall pay (x) Base Rent for the Temporary Premises in an amount equal to $28,101.00 per month, and (y) Tenant’s Share of Building Direct Expenses for the Temporary Premises. Tenant’s Share for the Temporary Premises shall be 3.6152%respect thereto.

Temporary Premises. During the period commencing on the Temporary Premises Commencement Date (as defined below) and ending sixty (60) days thereafter (the “Temporary Premises Termination Date”), Landlord shall lease to Tenant, and 40.01. Tenant shall lease from Landlord, temporary premises be permitted to occupy temporarily the entire rentable area of the seventeenth (the “Temporary Premises”) located on the first (1st17th) floor of the Building comprising approximately 4,845 rentable square feet shown on the floor plan annexed hereto as Exhibit I (the "Temporary Premises") for the period commencing as of December 13, 1999 and known as Suite 102. The Temporary Premises are depicted terminating on Exhibit A attached hereto. The “Temporary Premises the Final Commencement Date” shall mean the date . Tenant acknowledges and agrees that Landlord delivers the Temporary Premises to Tenant in the condition described below, which is anticipated to occur on the business day immediately after the execution of this Amendment. Notwithstanding anything to the contrary in this Section 1, Landlord’s failure to deliver the Temporary Premises to Tenant on the estimated Temporary Premises Commencement Date shall not be a default by Landlord or otherwise render Landlord liable for damagescontains 16,368 rentable square feet. Tenant’s lease 's occupancy of the Temporary Premises shall be on upon all of the same following terms and conditions as applicable conditions: a. Tenant has examined and agrees to the Premises, except that (i) during the period commencing on accept the Temporary Premises Commencement Date in their condition existing as of the date same are made available for Tenant's occupancy, and ending on understands that no work is to be performed by Landlord in connection therewith; b. The annual charge (including electric) for use by Tenant of the Temporary Premises Termination Dateshall be TWO HUNDRED TWELVE THOUSAND SEVEN HUNDRED EIGHTY-FOUR AND 00/100 ($212,784.00) DOLLARS. Such charge shall be payable monthly in the same manner as is payable the Fixed Rent under this Lease; c. Except as otherwise herein provided, Tenant shall not be required to pay Base Rent with respect to its lease of the Temporary Premises, (ii) Tenant's obligations hereunder with respect to the Temporary PremisesPremises shall be governed by the terms and conditions of, and this permission shall be subject to the limitations contained in, this Lease; d. Upon the later to occur of the Final Commencement Date, or (ii) the earlier termination of this Lease, Tenant will surrender and vacate the Temporary Premises and remove therefrom and in the event of Tenant's failure to do so Landlord shall not be required entitled to all the rights and remedies against Tenant which are available to a landlord against a tenant holding over after the expiration of the term of the lease; and e. Tenant acknowledges that time is of the essence with respect to Tenant's surrender, vacating and removal from the Temporary Premises as set forth in Section 40.01 (d) hereof. Tenant covenants and agrees to pay Tenant’s Share of Building Direct Expenses$2,200.00 per day (or a fraction thereof) as and for liquidated damages for each day after the date set forth in Section 40.01(d) hereof, that Tenant fails to surrender, vacate and (iii) no additional parking passes shall be allocated to Tenant in connection with its lease of remove from the Temporary Premises. The Temporary Premises are accepted by Tenant Nothing contained in “as is” condition and configuration without this Section 40.01(e) shall in any representations way be deemed or warranties by Landlord and Landlord shall have no obligation construed to make or pay for any alterations, additions, improvements or renovations in the Temporary Premises 89 90 limit Landlord's rights pursuant to prepare the Temporary Premises for Tenant’s occupancy. On the Temporary Premises Termination Date or such earlier termination of Tenant’s lease of the Temporary Premises, Tenant shall surrender the Temporary Premises to Landlord in accordance with the terms of Article 15 of the Lease. Notwithstanding the foregoing, if Tenant occupies the Temporary Premises beyond the Temporary Premises Termination Date with Landlord’s consent, such occupancy shall be on a month-to-month basis until terminated by either party upon at least fourteen (14) days prior written notice and, during such period, Tenant shall pay (x) Base Rent for the Temporary Premises in an amount equal to $28,101.00 per month, and (y) Tenant’s Share of Building Direct Expenses for the Temporary Premises. Tenant’s Share for the Temporary Premises shall be 3.6152%Section 40.01(d).

Temporary Premises. During If: (1) the period commencing on the Temporary Premises Commencement Date Landlord Work (as defined belowin Exhibit B attached hereto) and ending sixty (60) days thereafter (is or will be materially disruptive to the “Temporary Premises Termination Date”), Landlord shall lease to conduct of Tenant’s business in the Premises, and (2) Tenant has delivered the final approved Plans (as defined in Exhibit B attached hereto) to Landlord on or before March 15, 2003, and has otherwise complied with Exhibit B attached hereto in all material respects, then Tenant shall lease from be permitted to occupy space selected by Landlord (in Landlord’s reasonable discretion) on the 2nd, temporary premises 4th or 6th floors of the Building (the “Temporary Premises”). At any time after Tenant has delivered the final approved Plans and subject to the conditions in the previous sentence, Tenant may notify Landlord of its need for the Temporary Premises. Within 5 Business Days of such notice, Landlord shall advise Tenant (the “Temporary Premises Advice”) located of the temporary space Landlord is prepared to permit Tenant to occupy as the Temporary Premises, and Landlord shall make reasonable efforts to provide such space on the first (1st) 6th floor of the Building comprising approximately 4,845 rentable square feet and known as Suite 102Building. The Temporary Premises are depicted on Exhibit A attached hereto. The “Temporary Premises Commencement Date” shall mean the date that Landlord delivers Tenant may occupy the Temporary Premises to Tenant in the condition described below, which is anticipated to occur on the business day immediately by providing Landlord with written notice within 5 days after the execution of this Amendment. Notwithstanding anything to the contrary in this Section 1, Landlord’s failure to deliver the Temporary Premises to Tenant on the estimated Temporary Premises Commencement Date shall not be a default by Landlord or otherwise render Landlord liable for damages. Tenant’s lease date of the Temporary Premises shall be on the same terms and conditions as applicable to the Premises, except that (i) during the period commencing on Advice. The term for the Temporary Premises Commencement Date and ending on shall commence upon the commencement date stated in the Temporary Premises Termination Date, Advice and end on the date Landlord substantially completes (as determined by Landlord in Landlord’s reasonable discretion) Landlord’s Work (the “Temporary Premises Term”). Tenant shall not be required to pay Base Rent with respect to its lease of accept the Temporary Premises, (ii) with respect to the Temporary Premises, Tenant shall not be required to pay Tenant’s Share of Building Direct Expenses, and (iii) no additional parking passes shall be allocated to Tenant Premises in connection with its lease of the Temporary Premises. The Temporary Premises are accepted by Tenant in “as is” condition and configuration without any representations or warranties by Landlord condition, and Landlord shall have no obligation to make provide any improvement allowance, leasehold improvements, or pay for any alterationsother work to the Temporary Premises. During the Temporary Premises Term, additionsTenant shall occupy the Temporary Premises under all terms and provisions of the Lease (including, improvements but not limited to, the indemnity and insurance provisions thereunder), except those provisions requiring payment of Base Rent or renovations in Additional Rent as to the Temporary Premises. During the Temporary Premises Term, Landlord shall have the right to relocate Tenant from the Temporary Premises to prepare another space substantially similar to the Temporary Premises for Tenant’s occupancy. On (the Temporary Premises Termination Date or such earlier termination of Tenant’s lease of the “Relocation Temporary Premises, Tenant shall surrender the Temporary Premises to Landlord in accordance with the terms of Article 15 of the Lease. Notwithstanding the foregoing, if Tenant occupies the Temporary Premises beyond the Temporary Premises Termination Date with ”) at Landlord’s consentsole cost and expense. After such relocation, such occupancy shall be on a month-to-month basis until terminated by either party upon at least fourteen (14) days prior written notice and, during such period, Tenant shall pay (x) Base Rent for the Temporary Premises in an amount equal to $28,101.00 per month, and (y) Tenant’s Share of Building Direct Expenses for the Temporary Premises. Tenant’s Share for the Relocation Temporary Premises shall be 3.6152%considered the “Temporary Premises” for the purposes of this Section I.B. During the Temporary Premises Term, Tenant shall continue to pay Base Rent and Additional Rent for the Premises pursuant to the terms of the Lease and this Amendment.

Temporary Premises. During Commencing on June 11, 2004, and continuing until the period commencing on Delivery of the Temporary Premises Commencement Date (as defined below) and ending sixty (60) days thereafter (or until the “Temporary Premises Termination Date”)Lease is terminated by Tenant in accordance with the provisions of Section 2, Landlord shall lease to Tenant, Tenant and Tenant shall lease from Landlord, temporary premises (Landlord approximately 10,017 square feet located in the “Temporary Premises”) located west wing on the first (1st) second floor of the Building comprising approximately 4,845 rentable square feet and building at the Project known as Suite 1022450 Bayshore Parkway (“Initial Premises”). The Temporary Initial Premises are depicted is more particularly shown on Exhibit A H attached hereto. The “Temporary Tenant acknowledges and agrees that all of the terms and conditions of this Lease shall apply to the leasing of the Initial Premises Commencement Date” as if the Initial Premises were the Premises, except that: (a) the term of the lease with respect to the Initial Premises shall mean the date that Landlord delivers the Temporary Premises to Tenant be as set forth in the condition described below, which is anticipated to occur on the business day immediately after the execution first sentence of this AmendmentSection 40; (b) monthly Base Rent for the Initial Premises shall be $17,500 per month; (c) Tenant’s Share of Operating Expenses shall be 23.5%; (d) the amount of the Security Deposit shall be the amount of the Security Deposit required for the Premises; (e) Landlord shall not be required to make any improvements to the Initial Premises and Tenant shall accept the Initial Premises in its as is” condition; (f) notwithstanding anything to the contrary contained in Section 22, Tenant shall not have the right to sublease any portion of the Initial Premises or assign this Lease; and (g) the provisions of Section 39 shall not apply to the leasing of the Initial Premises. Notwithstanding anything to the contrary contained in this Section 1, Landlord’s failure to deliver the Temporary Premises to Tenant on the estimated Temporary Premises Commencement Date shall not be a default by Landlord or otherwise render Landlord liable for damages. Tenant’s lease of the Temporary Premises shall be on the same terms and conditions as applicable to the Premises, except that (i) during the period commencing on the Temporary Premises Commencement Date and ending on the Temporary Premises Termination Date40, Tenant shall not be required to pay monthly Base Rent with respect to its lease for the first month of the Temporary Premises, (ii) term of the lease with respect to the Temporary Initial Premises. Tenant acknowledges that Tenant shall be responsible for obtaining the certificate of occupancy and all licenses required for Tenant’s occupancy of the Initial Premises including, without limitation, any Hazardous Materials-related licenses. Notwithstanding anything to the contrary contained in this paragraph, following Delivery of the Premises, Tenant shall not be required have the option, in addition to pay Tenant’s Share of Building Direct Expenses, and (iii) no additional parking passes shall be allocated leasing the Premises pursuant to Tenant in connection with its lease of the Temporary Premises. The Temporary Premises are accepted by Tenant in “as is” condition and configuration without any representations or warranties by Landlord and Landlord shall have no obligation to make or pay for any alterations, additions, improvements or renovations in the Temporary Premises to prepare the Temporary Premises for Tenant’s occupancy. On the Temporary Premises Termination Date or such earlier termination of Tenant’s lease of the Temporary Premises, Tenant shall surrender the Temporary Premises to Landlord in accordance with the terms of Article 15 of this Lease, to continue to lease the Lease. Notwithstanding the foregoingInitial Premises until December 31, if Tenant occupies the Temporary Premises beyond the Temporary Premises Termination Date with Landlord’s consent, such occupancy shall be on a month-to-month basis until terminated by either party upon at least fourteen (14) days prior written notice and, during such period, Tenant shall pay (x) Base Rent for the Temporary Premises in an amount equal to $28,101.00 per month, and (y) Tenant’s Share of Building Direct Expenses for the Temporary Premises. Tenant’s Share for the Temporary Premises shall be 3.6152%2004.

Temporary Premises. During Subject to the period commencing terms hereof, Landlord shall, in consideration for Tenant’s entering into this First Amendment, grant Tenant the right to temporarily lease approximately 11,135 rentable square feet of space, commonly known as Suite 200 (the “Temporary Premises”) located in that certain Landlord-owned building located at ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇▇▇ (the “Temporary Building”), as set forth more particularly on Exhibit B attached hereto, to Tenant for the conduct of Tenant’s business for the use permitted by the Lease in accordance with the terms of the Lease only. Tenant hereby acknowledges that (x) the Temporary Premises are currently occupied (but not currently in use) by another tenant of the Temporary Building pursuant to a lease term that is scheduled to expire on October 31, 2018, and (y) while Landlord agrees to use commercially reasonable efforts to secure, and believes that it shall be able to so secure the Temporary Premises for Tenant’s use during the “Temporary Premises Term” (as that term is defined below), if Landlord is nevertheless unable for any reason to deliver possession of the Temporary Premises to Tenant on any specific date, then Landlord shall not be subject to any liability for its failure to do so, and such failure shall not affect the validity of the Lease or the obligations of Tenant hereunder; provided, however, Landlord covenants (a) not to extend the current lease or enter into a new lease for such Temporary Premises adversely affecting Tenant’s possession of the Temporary Premises during the Temporary Premises Term, and shall use commercially reasonable efforts to deliver possession of the Temporary Premises to Tenant on or before March 1, 2018 in its presently-existing “as-is” condition (subject to Landlord’s performance of the “Temporary Premises Improvements” (defined below), and (b) that if Landlord is unable to deliver such Temporary Premises by the Temporary Premises Commencement Date (as defined below), Landlord shall provide Tenant with other reasonably comparable commercial office space reasonably suitable to Tenant of between 11,000 and 20,000 rentable square feet within a two mile radius of the Project. At Landlord’s sole cost and expense, Landlord agrees to (i) apply one (1) coat of Building standard paint to the painted walls, doors, door frames, trim and ending sixty baseboards of the Temporary Premises as reasonably and mutually agreed upon in the paint colors and specifications reasonably and mutually agreed upon, (60ii) days thereafter install new Building standard carpet in the carpeted areas of the Temporary Premises in the colors and specifications reasonably and mutually agreed upon, and (iii) demolish certain non-structural private offices in the Temporary Premises, as reasonably and mutually agreed upon (collectively, the “Temporary Premises Termination DateImprovements”). All such Temporary Premises Improvements shall be deemed the property of Landlord and shall be completed to Landlord’s “Building standard” condition, Landlord shall lease using Building standard methods, materials and procedures to Tenant, and Tenant shall lease from be designated by Landlord, temporary premises (the “Temporary Premises”) located on the first (1st) floor of the Building comprising approximately 4,845 rentable square feet and known as Suite 102. The Temporary Premises are depicted on Exhibit A attached hereto. The “Temporary Premises Commencement Date” shall mean the date that Landlord delivers the Temporary Premises to Tenant in the condition described below, which is anticipated to occur on the business day immediately after the execution term of this Amendment. Notwithstanding anything to the contrary in this Section 1, Landlord’s failure to deliver the Temporary Premises to Tenant on the estimated Temporary Premises Commencement Date shall not be a default by Landlord or otherwise render Landlord liable for damages. Tenant’s lease of the Temporary Premises (the “Temporary Premises Term”) shall commence on the date upon which Landlord delivers possession of the Temporary Premises to Tenant (the “Temporary Premises Commencement Date”), and shall terminate on or about November 1, 2018 (the “Temporary Premises Expiration Date”), based on the mutual agreement of Landlord and Tenant such that Tenant may use the Temporary Premises during the phased construction of relevant portions of its “Improvements” as defined in and to be constructed pursuant to the Work Letter. Notwithstanding the foregoing, if Tenant experiences delays in completing the Improvements due to events of force majeure (as that term is defined in Section 20.16 of the Lease, but excluding permitting delays), then the Temporary Premises Expiration Date shall be on extended one day for each day of such force majeure delays. Tenant’s possession of the same Temporary Premises shall be subject to the terms and conditions of the Lease as applicable to though such Temporary Premises was the Premises, except provided that (iA) Tenant shall have no obligation to pay Monthly Rental with respect to the Temporary Premises during the period commencing on Temporary Premises Term, (B) Tenant shall nevertheless be responsible for the payment of its pro-rata share of the costs related to operating the HVAC air handlers serving the Temporary Premises, (C) Tenant shall pay directly to the utility company pursuant to the utility company’s separate meters (or to Landlord, to the extent Tenant has not assumed responsibility for the payment to the utility company under such separate meters by the Temporary Premises Commencement Date and ending on Date), the cost of all electricity provided to and/or consumed in the Temporary Premises Termination Dateduring the Temporary Premises Term (including normal and excess consumption), (D) Tenant shall reimburse Landlord for the janitorial costs incurred in connection with its occupancy of the Temporary Premises during the Temporary Premises Term (which janitorial costs shall include, but shall not be required to pay Base Rent with respect to its lease limited to, night cleaning of the Temporary Premises, and day ▇▇▇▇▇▇ service for the Temporary Building), all of which shall be reasonably and equitable determined by Landlord, (iiE) Tenant shall have no right to assign, sublease or otherwise transfer its interest with respect to the Temporary Premises, (F) except for the Temporary Premises Improvements, Tenant shall not be required to pay Tenant’s Share of Building Direct Expenses, and (iii) no additional parking passes shall be allocated to Tenant in connection with its lease of accept the Temporary Premises. The Temporary Premises are accepted by Tenant in its existing “as is” condition and configuration without any representations or warranties by Landlord and Landlord shall have no obligation to make provide or pay for improvements of any alterationskind with respect to the Temporary Premises, additionssubject to Landlord’s ongoing repair and maintenance obligations as and to the extent set forth in the Lease, (G) Tenant shall not make any alterations or improvements to the Temporary Premises or renovations any portion thereof, without Landlords prior written approval, which approval may be withheld or conditioned in Landlord’s sole discretion, and (H) the terms of the Work Letter shall be inapplicable to the Temporary Premises. Tenant shall quit and surrender possession of the Temporary Premises to prepare Landlord in as good order and condition as when Tenant took possession (and as thereafter improved by Landlord), reasonable wear and tear and repairs which are specifically made the responsibility of Landlord hereunder excepted. Upon such expiration or termination, Tenant shall, without expense to Landlord, remove or cause to be removed from the Temporary Premises for Tenant’s occupancy. On the Temporary Premises Termination Date all debris, rubbish, phone systems, cabling, wires and lines, and such items of furniture, equipment, business and trade fixtures, free-standing cabinet work, movable partitions and other articles of personal property owned by Tenant or such earlier termination of Tenant’s lease of installed or placed by Tenant at its expense in the Temporary Premises, and such similar articles of any other persons claiming under Tenant, as Landlord may, in its sole discretion, require to be removed, and Tenant shall repair at its own expense all damage to the Temporary Premises and Temporary Building resulting from such removal. If Tenant fails to vacate and surrender the Temporary Premises to Landlord in accordance with the terms of Article 15 of the Lease. Notwithstanding the foregoing, if Tenant occupies on or before the Temporary Premises beyond Expiration Date (as the same may have been extended due to events of force majeure), Tenant shall be deemed to be holding over in such Temporary Premises and Monthly Rental shall commence to accrue with respect to the Temporary Premises Termination Date with Landlord’s consentat a monthly rate equal to Five and 00/100 Dollars ($5.00) per rentable square foot of the Temporary Premises; provided, such occupancy however, nothing contained herein shall be on a month-to-month basis until terminated construed as consent by either party upon at least fourteen (14) days prior written notice andLandlord to any holding over by Tenant in the Temporary Premises, during such period, and Landlord expressly reserves the right to require Tenant shall pay (x) Base Rent for to surrender possession of the Temporary Premises to Landlord as provided in an amount equal to $28,101.00 per month, the Lease upon the terms and (y) Tenant’s Share of Building Direct Expenses for the Temporary Premises. Tenant’s Share for the Temporary Premises shall be 3.6152%conditions set forth in this First Amendment.

Temporary Premises. During the period commencing on the Temporary Premises Commencement Date (as defined below) and ending sixty (60) days thereafter (the “Temporary Premises Termination Date”), Landlord shall lease As an accommodation to Tenant, Landlord hereby agrees to allow Tenant to use and occupy on a temporary basis (for the period beginning on February 1, 2008 through completion of Tenant’s Tenant shall lease from LandlordImprovements in the Remaining Premises, temporary but in no event later than May 31, 2008) the following space in the Building: (i) that certain premises commonly known as Suite 450, (ii) that certain premises commonly known as Suite 850, and (iii) subject to Section 1.4, above, a portion of the Suite 310 Premises comprised of approximately 3,907 rentable square feet (collectively, the “Temporary Premises”) located on the first (1st) floor of the Building comprising approximately 4,845 rentable square feet and known ), all as Suite 102. The Temporary Premises are depicted more particularly shown on Exhibit A “A” attached hereto. The “Temporary Premises Commencement Date” shall mean the date that Landlord delivers the Temporary Premises to Tenant in the condition described below, which is anticipated to occur on the business day immediately after the execution of this Amendment. Notwithstanding anything to the contrary in this Section 1, Landlord’s failure to deliver the Temporary Premises to Tenant on the estimated Temporary Premises Commencement Date shall not be a default by Landlord or otherwise render Landlord liable for damages. Tenant’s lease use and occupancy of the Temporary Premises shall be on the same terms and conditions as applicable to set forth in the PremisesLease, except provided, however, that (i) during the period commencing on the Temporary Premises Commencement Date and ending on the Temporary Premises Termination Date, Tenant shall not be required to pay Base Rent with respect to its lease of the Temporary Premises, (iia) with respect to the Temporary Premises, Tenant shall not be required to pay Tenant’s Share of Building Direct Expenses, and (iii) no additional parking passes shall be allocated to Tenant in connection with its lease of the Temporary Premises. The Temporary Premises are accepted by Tenant in “as is” condition and configuration without any representations or warranties by Landlord and Landlord shall have no obligation to make or pay for any alterations, additions, improvements or renovations in the Temporary Premises to prepare the Temporary Premises for Tenant’s occupancy. On the Temporary Premises Termination Date or such earlier termination of Tenant’s lease of the Temporary Premises, Tenant shall surrender the Temporary Premises to Landlord in accordance with the terms of Article 15 of the Lease. Notwithstanding the foregoing, if Tenant occupies the Temporary Premises beyond the Temporary Premises Termination Date with Landlord’s consent, such occupancy shall be on a month-to-month basis until terminated by either party upon at least fourteen (14) days prior written notice and, during such period, Tenant shall pay (x) Base any Rent for the Temporary Premises in an amount equal to $28,101.00 per monthfor the period February 1, 2008 through May 31, 2008 (the “Temporary Premises Rent Abatement Period”), and (yb) Tenant’s Share of Building Direct Expenses for the Temporary Premises. Tenant’s Share for vacate and surrender to Landlord the Temporary Premises in accordance with Section 30.8 of the Original Lease upon completion of the Tenant Improvements in the Remaining Premises, which shall occur no later than May 31, 2008. In the event that Tenant occupies any portion of the Temporary Premises following the expiration of the Temporary Premises Rent Abatement Period, (1) Tenant shall pay to Landlord Landlord’s then asking rental rate for such portion of the Temporary Premises then occupied by Tenant for any period following the Temporary Premises Rent Abatement Period (which amounts shall not be prorated and shall be 3.6152%billed on a calendar month basis for the period of any holdover), and (2) the provisions of Section 30.10 (Holding Over) shall apply.

Temporary Premises. During the period commencing Landlord hereby leases to Tenant and Tenant hereby hires from Landlord those certain premises on the Temporary Premises Commencement Date (as defined below) and ending sixty (60) days thereafter (the “Temporary Premises Termination Date”), Landlord shall lease to Tenant, and Tenant shall lease from Landlord, temporary premises (the “Temporary Premises”) located on the first (1st) 2nd floor of the Building (Suite 230) identified on Exhibit D attached hereto and made a part hereof, comprising approximately 4,845 2,330 rentable square feet (the "Temporary Premises"), upon the same terms and known conditions set forth in the Lease except as Suite 102specifically set forth herein. The lease term for the Temporary Premises shall commence as of the full execution and delivery hereof and continue until the 25th Floor the Commencement Date or the 20th Floor Commencement Date, whichever is earlier. Tenant shall pay rent equal to $85.00 per rentable square foot of the Temporary Premises per year, which shall be equal to an annual rent of $198,050.OO and a monthly rent of $16,504.17 per month. Such rent shall be payable commencing as of the commencement of the term for the Temporary Premises and thereafter on or before the first day of each month during the remaining term for such space. The rent shall be prorated for any partial months involved. Tenant further acknowledges and agrees that it is leasing the Temporary Premises in its present and "as is" condition and that Landlord is not responsible for making any repairs or improvements thereto or for providing Tenant with any allowance for the repair, improvement or refurbishment thereof. The Temporary Premises are depicted on Exhibit A attached hereto. The “Temporary Premises Commencement Date” shall mean be used for general office use only and for no other purpose, and Tenant's use thereof shall otherwise comply with the date that Landlord delivers the Temporary Premises to Tenant restrictions and requirements set forth in the condition described below, which is anticipated to occur on the business day immediately after the execution of this AmendmentLease. Notwithstanding anything to the contrary in this Section 1herein, Landlord’s failure to deliver the Temporary Premises to Tenant on the estimated Temporary Premises Commencement Date shall not be a default by Landlord or otherwise render Landlord liable for damages. Tenant’s lease 's leasing of the Temporary Premises as set forth herein shall be on terminate if the same terms and conditions as applicable to the Premises, except that (i) during the period commencing on the Temporary Premises Commencement Date and ending on the Temporary Premises Termination Date, Tenant shall not be required to pay Base Rent with respect to its lease of the Temporary Premises, (ii) with respect to the Temporary Premises, Tenant shall not be required to pay Tenant’s Share of Building Direct Expenses, and (iii) no additional parking passes shall be allocated to Tenant in connection with its lease of the Temporary Premises. The Temporary Premises are accepted by Tenant in “as is” condition and configuration without any representations or warranties by Landlord and Landlord shall have no obligation to make or pay Lease is terminated for any alterations, additions, improvements or renovations in the Temporary Premises to prepare the Temporary Premises for Tenant’s occupancy. On the Temporary Premises Termination Date or such earlier termination of Tenant’s lease of the Temporary Premises, Tenant shall surrender the Temporary Premises to Landlord in accordance with the terms of Article 15 of the Lease. Notwithstanding the foregoing, if Tenant occupies the Temporary Premises beyond the Temporary Premises Termination Date with Landlord’s consent, such occupancy shall be on a month-to-month basis until terminated by either party upon at least fourteen (14) days prior written notice and, during such period, Tenant shall pay (x) Base Rent for the Temporary Premises in an amount equal to $28,101.00 per month, and (y) Tenant’s Share of Building Direct Expenses for the Temporary Premises. Tenant’s Share for the Temporary Premises shall be 3.6152%reason.

Temporary Premises. During the period commencing Sublandlord hereby sublets to Subtenant and Subtenant hereby sublets from Sublandlord 29,000 rentable square feet of space on the Temporary Premises Commencement Date (first floor of the Building, as defined below) shown on Exhibit A-4 attached hereto and ending sixty (60) days thereafter (the “Temporary Premises Termination Date”), Landlord shall lease to Tenant, and Tenant shall lease from Landlord, temporary premises made a part hereof (the “Temporary Premises”) located on the first (1st) floor of the Building comprising approximately 4,845 rentable square feet and known as Suite 102. The Temporary Premises are depicted on Exhibit A attached hereto. The “Temporary Premises Commencement Date” shall mean the date that Landlord delivers the Temporary Premises to Tenant in the condition described below, which is anticipated to occur on the business day immediately after the execution of this Amendment. Notwithstanding anything to the contrary in this Section 1, Landlord’s failure to deliver the Temporary Premises to Tenant on the estimated Temporary Premises Commencement Date shall not be for a default by Landlord or otherwise render Landlord liable for damages. Tenant’s lease of the Temporary Premises shall be on the same terms and conditions as applicable to the Premises, except that (i) during the period term commencing on the Temporary Premises Commencement Effective Date and ending expiring on the Temporary Premises Termination Date, Tenant shall not be required to pay Base Rent with respect to its lease last day of the Temporary Premises, (ii) with respect to month during which the Temporary Premises, Tenant shall not be required to pay Tenant’s Share of Building Direct Expenses, and (iii) no additional parking passes shall be allocated to Tenant in connection with its lease first anniversary of the Temporary PremisesEffective Date occurs. The Temporary Premises are accepted by Tenant in “as is” condition and configuration without any representations or warranties by Landlord and Landlord shall have no obligation to make or pay for any alterations, additions, improvements or renovations in the Temporary Premises to prepare the Temporary Premises for Tenant’s occupancy. On the Temporary Premises Termination Date or such earlier termination of Tenant’s lease of the Temporary Premises, Tenant shall surrender the Temporary Premises to Landlord in accordance with the terms of Article 15 of the Lease. Notwithstanding the foregoing, if Tenant occupies the Temporary Premises beyond the Temporary Premises Termination Date with Landlord’s consent, such occupancy shall be on a month-to-month basis until terminated by either party upon at least fourteen (14) days prior written notice and, during such period, Tenant shall pay (x) Base Rent for the Temporary Premises in an amount equal to $28,101.00 per month, and (y) Tenant’s Share of Building Direct Expenses for the Temporary Premises. Tenant’s Share for the Temporary Premises shall be 3.6152%at the rate of One Hundred Forty Five Thousand Dollars ($145,000) per annum, payable, in advance, in equal monthly installments on the first day of each calendar month, except that rent for the period from the Effective Date through the last day of the month during which the Effective Date occurs shall be paid within three (3) days following the Effective Date. Subtenant shall accept the Temporary Premises in its “as is” condition as of the date hereof, subject to reasonable wear and tear between the date hereof and the Effective Date. To the extent Sublandlord receives such sums from Landlord under the Master Lease, Sublandlord shall pay to Subtenant, as a tenant improvement allowance, the sum of One Hundred Forty Five Thousand Dollars ($145,000) payable in twelve (12) equal monthly installments on the first day of each calendar month commencing on the first day of the calendar month following the calendar month during which the Effective Date occurs. If and to the extent that Sublandlord fails to pay to Subtenant any portion of the tenant improvement allowance payable pursuant to this Section 45, Subtenant shall have the right to offset such unpaid tenant improvement allowance against rent for the Temporary Premises. In the event that Landlord terminates the lease of the Temporary Space to Sublandlord, the subleasing of the Temporary Space to Subtenant shall automatically be terminated effective as of the day preceding the effective date of the termination of the lease of the Temporary Space. Except to the extent otherwise specifically provided in this Section 45, the subleasing of the Temporary Space is upon the same terms, covenants and conditions as are set forth in this Sublease.

Temporary Premises. During the period commencing on the Temporary Premises Commencement Date (as defined below) and ending sixty (60) days thereafter (the “Temporary Premises Termination Date”), Landlord shall lease to Tenant, and Tenant shall lease from Landlord, temporary premises (occupy the following “Temporary Premises”) located on ” under the first (1st) floor of the Building comprising approximately 4,845 rentable square feet terms and known as Suite 102conditions set forth in this Paragraph 14. The Temporary Premises are depicted on Exhibit A attached hereto. The For this purpose, “Temporary Premises Commencement DatePremises” shall mean the date that Landlord delivers following premises: Suite 625 in the Building, stipulated to contain 3,057 square feet of leasable area (“Suite 625”); S▇▇▇▇ ▇▇▇ in the Building, stipulated to consist of 1,655 square feet of leasable area (“Suite 865”); and Suite 2000 in the Building, stipulated to contain 9,664 leasable square feet (“Suite 2000”). Tenant has inspected the Temporary Premises to Tenant in the condition described below, which is anticipated to occur on the business day immediately after the execution of this Amendment. Notwithstanding anything to the contrary in this Section 1, Landlord’s failure to deliver and accepts the Temporary Premises in AS-IS condition. Tenant shall be permitted to Tenant on the estimated Temporary Premises Commencement Date shall not be a default by Landlord or otherwise render Landlord liable for damages. Tenant’s lease of occupy the Temporary Premises shall be on under all of the same terms and conditions of the Lease as applicable to amended herein. In the Premises, except event that (i) during Tenant does not timely exercise the period commencing on the Temporary Premises Commencement Date and ending on the Temporary Premises Termination Datetermination right set forth in Paragraph 14 hereof, Tenant shall not be required to pay Base Fixed Annual Rent or its Proportionate Share for the Temporary Premises unless Tenant fails to vacate the Temporary Premises on or before the “Temporary Premises Expiration Date”, namely nine (9) months following receipt of the Required Municipal Approvals or, if Tenant has delivered the Termination Notice to Landlord, then ten (10) business days following Tenant’s delivery to Landlord of the Termination Notice. In the event that Landlord enters into a lease with respect to its lease a third party tenant for S▇▇▇▇ ▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇, then Landlord may relocate Tenant’s temporary use for such portion (s) of the Temporary PremisesPremises to other comparable vacant premises in the Building. Landlord shall not, (ii) with respect however, be permitted to the Temporary Premises, Tenant shall not be required to pay relocate Tenant’s Share use of Building Direct Expenses, and (iii) no additional parking passes shall be allocated to Tenant in connection with its lease Suite 2000 as a portion of the Temporary Premises. The Temporary Premises are accepted by In the event that Tenant in “as is” condition and configuration without any representations or warranties by Landlord and Landlord shall have no obligation requires additional temporary premises prior to make or pay for any alterations, additions, improvements or renovations in the Temporary Premises to prepare the Temporary Premises for Tenant’s occupancy. On the Temporary Premises Termination Date or such earlier termination of Tenant’s lease occupancy of the Temporary PremisesSecond Amendment Expansion Space and has not tendered the Termination Notice, Tenant shall surrender the Temporary Premises Landlord will reasonably endeavor to Landlord in accordance with the terms of Article 15 of the Lease. Notwithstanding the foregoing, if Tenant occupies the Temporary Premises beyond the Temporary Premises Termination Date with Landlord’s consent, accommodate such occupancy shall be on a month-to-month basis until terminated by either party upon at least fourteen (14) days prior written notice and, during such period, Tenant shall pay (x) Base Rent for the Temporary Premises in an amount equal to $28,101.00 per month, and (y) Tenant’s Share of Building Direct Expenses for the Temporary Premises. Tenant’s Share for the Temporary Premises shall be 3.6152%requirement.

Temporary Premises. During Upon the period commencing on Date of Execution of Lease, Tenant may lease and occupy the Temporary Premises Commencement Date Space (as defined below) and ending sixty (60) days thereafter (the “Temporary Premises Termination Date”), Landlord shall lease to Tenant, and Tenant shall lease from Landlord, temporary premises (the “Temporary Premises”) located on for all uses permitted under the first Lease, including but not limited to the installation of wires and cables to accommodate workstations (1st) floor of the Building comprising approximately 4,845 rentable square feet and known as Suite 102. The Temporary Premises are depicted on Exhibit A attached hereto. The “Temporary Premises Commencement Date” shall mean the date that Landlord delivers the Temporary Premises to Tenant in the condition described below, which is anticipated to occur on the business day immediately after the execution of this Amendment. Notwithstanding anything to the contrary in this Section 1, Landlord’s failure to deliver the Temporary Premises to Tenant on the estimated Temporary Premises Commencement Date shall not be a default by Landlord or otherwise render Landlord liable for damagesSpace Wiring”). Tenant’s lease of the Temporary Premises shall be on subject to all of the same terms terms, conditions and conditions limitations regarding the Demised Premises as applicable to the Premisesset forth in this Lease, except that as follows: (ia) during The term for Tenant’s lease of the Temporary Premises shall be the period commencing on the Date of Execution of Lease and expiring on the Commencement Date (“Temporary Premises Commencement Date and ending on Term”). (b) The rent for the Temporary Premises Termination Date, shall be $0.00 per rentable square foot of the Temporary Premises during the Temporary Premises Term (“Temporary Premises Rent”). Tenant shall not be required obligated to pay Base any Additional Rent with respect to its lease of the Temporary Premises, (iias defined below) with respect to the Temporary Premises, Tenant shall not be required to pay Tenant’s Share of Building Direct Expenses, and (iii) no additional parking passes shall be allocated to Tenant in connection with its lease of the Temporary Premises. The Temporary Premises are accepted by Tenant in “as is” condition and configuration without any representations or warranties by Landlord and Landlord shall have no obligation to make or pay for any alterations, additions, improvements or renovations in the Temporary Premises to prepare the Temporary Premises for Tenant’s occupancy. On the Temporary Premises Termination Date or such earlier termination of Tenant’s lease of the Temporary Premises, . (c) Tenant agrees that (i) Tenant shall surrender accept the Temporary Premises in its current “as-is” condition, except Landlord shall deliver the Temporary Premises to Tenant in broom-clean condition, with carpet, ceiling installed and a single power pole providing electricity to 4 to 6 work stations, (ii) Except for the carpet and ceiling, Landlord shall not be required to construct any improvements in accordance with the terms of Article 15 of the Lease. Notwithstanding the foregoing, if Tenant occupies the Temporary Premises beyond and (iii) Landlord has not made any representation or warranty regarding the Temporary Premises Termination Date with Landlord’s consent, such occupancy shall be on a month-to-month basis until terminated by either party upon at least fourteen (14) days prior written notice and, during such period, Tenant shall pay (x) Base Rent or its suitability for the Temporary Premises in an amount equal to $28,101.00 per month, and (y) conduct of Tenant’s Share of Building Direct Expenses for the Temporary Premises. Tenant’s Share for the Temporary Premises shall be 3.6152%business.