Common use of Use Clause in Contracts

Use. Tenant may use the Premises for general office and any computer data center purpose or for any other lawful purpose provided, however, the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord.

Use. Tenant may use Except as set forth below, each of the Premises Properties shall be used solely for general office the operation of a Permitted Facility in accordance with the standards of operations then in effect on a system-wide basis, and for no other purpose. Lessee shall occupy the Properties promptly following the Effective Date and, except as set forth below and except during periods when any computer data center purpose of the Properties is untenantable by reason of fire or for any other lawful purpose casualty or condemnation (provided, however, during all such periods while any of the Tenant Properties is untenantable, Lessee shall strictly comply with the terms and conditions of Section 21 of this Lease), Lessee shall at all times during the Lease Term occupy each of the Properties and shall diligently conduct its business on each of the Properties as a Permitted Facility. In connection with any alterations to be performed by Lessee at any Property pursuant to this Lease, Lessee may cease diligent operation of business at such Property for a period not use to exceed 180 days and may do so only once with respect to such Property within any five-year period during the Premises in a manner which would Lease Term. As long as no Event of Default has occurred and is continuing, Lessee may also cease diligent operations of business at any Property for reasons other than as contemplated by the preceding sentence, provided that (i) result in a diminution of no Property may be closed pursuant to this sentence for more than 30 days from the date of closure, and (ii) no more than one Property may be closed at any one time pursuant to this sentence. If Lessee does discontinue operation as permitted by this Section, Lessee shall (i) give written notice to Lessor within 10 days after Lessee elects to cease operation, (ii) provide adequate protection and maintenance of any such Properties during any period of vacancy, (iii) comply with all Applicable Regulations and otherwise comply with the terms and conditions of this Lease other than the continuous use covenant set forth in this Section, and (iv) pay all costs necessary to restore such Properties to their condition on the day operation of the business ceased at such time as such Properties are reopened for Lessee's business operations or other substituted use approved by Lessor as contemplated below. Notwithstanding anything herein to the contrary, Lessee shall pay the Base Monthly Rental on the first day of each month during any period in which Lessee discontinues operation. Lessee shall not, by itself or through any assignment, sublease or other type of transfer, convert any of the Properties to a de minimis amount use other than a Permitted Facility during the Lease Term without Lessor's consent, which consent shall not be unreasonably withheld or delayed. Lessor may consider any or all of the following in determining whether to grant its consent, without being deemed to be unreasonable: (i) whether the rental paid to Lessor would be equal to or greater than the anticipated rental assuming continued existing use, (ii) whether the proposed rental to be paid to Lessor is reasonable considering the converted use of the Properties and the customary rental prevailing in the community for such use, (iii) whether the converted use will be consistent with the highest and best use of the Properties, and (iv) whether the converted use will increase Lessor's risks or decrease the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordProperties.

Use. Tenant 4.6.1 Subject always to the following provisions of this Clause 4.6 and the Rules not to use the Premises otherwise than for the Permitted Use and in accordance with the requirements and conditions of any planning permission authorising such use from time to time 4.6.2 Not to do on the Premises anything which may be illegal or immoral or a nuisance or annoyance or cause danger or injury or damage to the Landlord or any tenant or any neighbouring owner or occupier and to pay all costs charges and expenses incurred by the Landlord in abating a nuisance and in executing such works as may be required to ▇▇▇▇▇ a nuisance in obedience to any notice served upon the Landlord in respect of or incidental to the Premises or the use thereof 4.6.3 Not to use the Premises for general office any noxious noisy or offensive trade or business and not to hold any computer data center purpose sale by auction or for public show nor keep any other lawful purpose provided, however, the Tenant shall not use live animals or birds on the Premises in a manner and not to allow on the Premises anything which would (i) result in a diminution of more than a de minimis amount in is or may become dangerous offensive combustible inflammable radioactive or explosive 4.6.4 Not to trade or display goods outside the value of Premises nor to cause any obstruction outside the Building, (ii) cause a nuisance or (iii) involve Premises 4.6.5 Not to use on the production or the storage of Hazardous Materials Premises any machine (other than the storage of Hazardous Materials in connection machinery normally associated with the operation Permitted Use and maintenance which where appropriate shall be mounted so as to minimise noise and vibration) without the written consent of the Landlord such consent not to be unreasonably withheld or delayed and not to use on the Premises as any machinery or sound reproduction or amplifying equipment which shall be noisy or cause vibration or be a data center nuisance disturbance or annoyance to the Landlord or the owners and/or occupiers of any adjoining or neighbouring premises 4.6.6 Not to do anything which imposes any excessive load or strain on the Site (including the Building and the Premises) or any part thereof 4.6.7 Not to suffer or permit any person to reside or sleep on the Premises 4.6.8 Not to discharge anything into the Conduits serving the Premises or the Site which will be corrosive or harmful or which may cause any obstruction or deposit therein 4.6.9 Not to commit any waste upon or to the Premises the Apparatus the Building or the Site 4.6.10 Not to use the passenger lifts in the Building for the movement of materials or goods except by prior arrangement with the Landlord 4.6.11 Not to obstruct others lawfully using the Common Parts and to use the same in a reasonable manner and in compliance accordance with Environmental Law). In no event shall the Rules made by the Landlord from time to time in regard thereto 4.6.12 Not to permit any employee of the Tenant or Tenant’s Parties to enter any part of the Site other than the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord.Common Parts

Use. Tenant may Lessee shall use and occupy the Premises only for general office and any computer data center purpose the Agreed Use, or for any other lawful purpose providedlegal use which is reasonably comparable thereto, however, the Tenant and for no other purpose. Lessee shall not use or permit the use of the Premises in a manner which would (i) result in that is unlawful, creates damage, waste or a diminution nuisance, or that disturbs occupants of more or causes damage to neighboring premises or properties. Other than a de minimis amount guide, signal and seeing eye dogs, Lessee shall not keep or allow in the value Premises any pets, animals, birds, fish, or reptiles. Lessor shall not unreasonably withhold or delay its consent to any written request for a modification of the BuildingAgreed Use, (ii) cause a nuisance or (iii) involve so long as the production same will not impair the structural integrity of the improvements on the premises or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance mechanical or of any amendmentelectrical systems therein, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable and/or is not significantly more burdensome to the Premises. Notwithstanding anything If Lessor elects to withhold consent, Lessor shall within seven (7) days after such request give written notification of same, which notice shall include an explanation of Lessor’s objections to the contrary herein containedchange in the Agreed Use. Lessee shall use commercially reasonable efforts to ensure that patients, customers, employees, agents, and owners of Lessee and Lessee’s dispensary neither loiter, nor use, smoke, vape, dab, consume, in any form or fashion, any marijuana product in the Premises or on any sidewalks, parking areas or walkways serving the same. Since marijuana products may cause odors that migrate off site, Lessee shall have the duty to reasonably mitigate odors. Lessee agrees that no event smoking of any kind shall Tenantbe permitted by any of Lessee’s use employees, agents, customers or invitees in the Premises or on any sidewalks, parking areas or walkways serving the same. Notwithstanding the foregoing, Lessor acknowledges that the sidewalks, parking areas and walkways referenced in the preceding paragraphs are public areas outside of Lessee’s control and Lessor therefore agrees that Lessee’s responsibility with respect to those spaces shall be limited to making commercially reasonable efforts within the Premises to request that patients, customers, employees, agents, and owners of Lessee refrain from loitering or using/consuming cannabis in any way in these areas. As soon as reasonably possible after the Commencement Date, Lessee shall open for business at the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordAgreed Use.

Use. Tenant may Sublessee shall use the Subleased Premises for general office any legal use permitted under the Master Lease. Sublessee acknowledges that it is thoroughly familiar with the condition of the Subleased Premises, and Sublessee agrees that it is subleasing the Subleased Premises on an “AS IS”, “WHERE IS” basis, subject to all latent or patent defects, without any representation or warranty by Sublessor or Master Lessor or their respective employees or agents as to the condition of the Subleased Premises or their fitness for Sublessee’s use, except as otherwise set forth in this Sublease, and subject to all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Subleased Premises, and any computer data center purpose easements, covenants or for restrictions of record. Sublessee acknowledges that Sublessor and Master Lessor and their respective employees or agents have not made any other lawful purpose providedrepresentations or warranties that the Subleased Premises comply with applicable law, howeverordinance, rule, regulation or covenant or restriction of record (collectively, “Applicable Requirements”), including, but not limited to, the Tenant shall not use the Premises in a manner which would Americans With Disabilities Act, as amended (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law“ADA”). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenantslaws relating to earthquake or other life/safety matters or Hazardous Substances (as defined below), restrictions or agreements hereafter created by or consented to by Tenant applicable to except as set forth in this Sublease. The parties hereto agree that the Premises. Notwithstanding anything to plans attached hereto as Exhibit B accurately reflect all Alterations (as defined below) in the contrary herein contained, in no event shall Tenant’s use Subleased Premises existing as of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance date hereof (a “Planned Use Violation”) constitute a violation of this Section 4; provided, howevercollectively, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws“Existing Alterations”). Without limiting the generality Sublessor hereby assigns all of the foregoingits right, Tenant’s indemnity obligations title and interest under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that any warranties with respect to the Permitted Encumbrances Building and/or such Building’s systems and which are then in effect and which by their terms may be assigned without the consent of the counterparty thereto (collectively, “Building Warranties”). The assignment of the Building Warranties is conditioned on this Sublease being in full force and effect and that upon expiration or termination of this Sublease, the conditional assignment shall terminate automatically and Sublessee shall not have any covenantsfurther right, restrictions title or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to interest in the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordBuilding Warranties.

Use. Tenant may use the Premises for general office and any computer data center purpose or for any other lawful purpose provided, however, the 26.1 The Tenant shall not use the Premises Property for any purpose other than the Permitted Use. 26.2 The Tenant shall not install the Equipment until;- (a) It has carried out at its own expense site surveys and investigations and the Building has been deemed eligible for the installation of the Equipment (i.e. the Tenant has obtained a satisfactory EPC certificate and Roof Structural Survey (b) It has obtained the prior written consent of the landlord for both the structural calculations to show that the roof is capable of taking the weight of the Equipment and the route or the installation (c) It has provided the Landlord with confirmation that the Tenant shall adhere to all asbestos regulations 26.3 The Landlord and the Tenant shall mutually agree in advance suitable surveyors to conduct the site surveys and/or investigations referred to in clause 26.2 and the Tenant shall disclose to the landlord all surveys and investigations and reports compiled pursuant to clause 26.2 26.4 The Tenant shall not use the Property or operate the Equipment for any illegal purpose nor for any purpose or in a manner that would cause loss, damage, injury, nuisance or inconvenience to the Landlord, the other tenants or occupiers of the Building or any owner or occupier of neighbouring property or any other person. 26.5 The Tenant shall not overload any structural part of the Building nor any Service Media at or serving the Property whether alone or jointly with other parts of the Building. 26.6 The Tenant shall ensure that the Equipment, electricity cables and ancillary equipment meet the British Standard and IEE Wiring Installation Regulations in force at the time of installation and the Tenant shall provide to the Landlord a Minor Works Certificate compliant with British Standard and IEE Wiring Installation Regulations in force at the time of installation prior to energising the Equipment 26.7 The Landlord shall not on any areas of the Building which would lie within six metres of the Equipment (ia) result erect any building or structure exceeding six metres above ground level; or (b) cause or allow any tree or hedge to grow higher than ten metres above ground level. 26.8 The Landlord shall not be held to be in breach of clause 26.7 by reason of any equipment, building or structure that is erected pursuant to a diminution Third Party Right or which the Landlord is obliged by law to erect. 26.9 The Landlord shall not erect any building or structure or equipment on the roof of more than a de minimis amount in the value Building which may obstruct the free passage of light and air to the Property across the remainder of the Building, provided that the Landlord shall not be held to be in breach of this covenant by reason of: (iia) cause any equipment, building or structure that is in place on the roof of the Building at the date of this lease; (b) any equipment, building or structure erected pursuant to a nuisance Third Party Right; or (c) any equipment, building or (iii) involve structure which the production Landlord is obliged by law to erect. 26.10 The Landlord shall not use the Building for any purpose or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection any manner which will interfere to a material extent with the operation and maintenance of the Premises as a data center and Equipment provided that the Landlord shall not be held to be in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any breach of this covenant by reason of the provisions use of the Building by any Permitted Encumbrance other tenant or authorised occupier in accordance with a lease, licence or other document or contractual arrangement existing at the date of this lease or any statutory continuation of it 26.11 Unless expressly provided, nothing in this lease shall impose or be deemed to impose any restriction on the use of the Building or of the Landlord's Neighbouring Property or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordother neighbouring property.

Use. Tenant may use the Premises for general office the Healthcare Use and any computer data center purpose for no other use or for any other lawful purpose provided, however, the Tenant shall not purpose. Tenant’s use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center must be in accordance with all applicable Laws, including, without limitation, applicable zoning and in compliance with Environmental Law)land use Laws. In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under that this Section 4 sentence shall not apply with respect to any Permitted Encumbrance in effect on the extent Date of Rent Commencement so long as (i) the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable any loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject Landlord and Lender in their sole discretion, and (ii) violation of such Permitted Encumbrance could not result in Landlord or Lender suffering (A) any criminal liability, penalty or sanction, (B) any civil liability, penalty or sanction for which Tenant has not made provisions reasonably acceptable to Landlord and Lender, or (C) defeasance or loss of priority of its interest in the preceding sentencePremises; provided, further, however, that TENANT SHALL NONETHELESS BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCEENCUMBRANCE BY TENANT. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, shall observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord. Notwithstanding the foregoing, Tenant shall not use, occupy or permit the Premises to be used or occupied, nor do or permit anything to be done in or on the Premises in a manner which would constitute a public or private nuisance or waste.

Use. A. Tenant may use the Premises for general office as a restaurant, gift shop and any computer data center purpose ancillary uses associated therewith, or for any other lawful purpose providedretail use that does not adversely impair the value of the Premises and in all cases subject to and in compliance with all Laws and Permitted Encumbrances. Tenant shall use the Premises only as provided by and in accordance with all Permitted Encumbrances, however, the subject to Landlord’s reservation of rights herein. Tenant shall not use or occupy the Premises, or any part thereof, nor permit or allow the Premises or any part thereof to be used or occupied, for (i) any purpose or in any manner which is in violation of any Law or a violation of the provisions set forth in Section 27 or any other provision of this Lease or (ii) in any manner which violates any certificates of occupancy for the Premises or makes void or voidable any insurance then in force with respect thereto as is required pursuant to Section 15 hereof. Tenant’s occupancy of the Premises will be in material compliance with all Laws and insurance requirements, and as otherwise provided in this Lease. Tenant shall neither suffer nor permit the Premises or any portion thereof to be used, or otherwise act or fail to act, in such a manner as (I) likely to impair Landlord’s title thereto or to any portion thereof, (II) may make possible a claim of adverse use or possession or an implied dedication of the Premises or any material portion of the Premises, or (III) subject the Premises or this Lease to any Encumbrances, other than Permitted Encumbrances. Notwithstanding anything herein to the contrary, Tenant shall not (a) permit any unlawful practice to be carried on or committed in the Premises; (b) make any use of or allow the Premises to be used for any purpose that might invalidate or materially increase the rate of insurance thereof; (c) deface or injure the Premises; (d) overload the floors, walls or ceilings of the Premises; (e) intentionally omitted; (f) commit or suffer any material waste in or about the Premises; (g) use the Premises in a any manner which would (i) result in a diminution of more than a de minimis amount in that may diminish the value of the Building, (ii) cause a nuisance Premises in any material respect; or (iiih) involve use the production Premises for any of the following purposes without the Landlord’s prior consent (which may be granted or withheld in its sole and absolute discretion): (i) bar (provided that Tenant shall be permitted to sell alcoholic beverages, in compliance with all Laws and Permitted Encumbrances, at the storage of Hazardous Materials (other than the storage of Hazardous Materials Premises in connection with the operation of a restaurant thereon), nightclub, adult bookstore or video shop or other adult entertainment establishment; (ii) incineration or reduction of garbage or any garbage dumps on the Premises provided, however, a trash incinerator or compactor used exclusively for Tenant’s onsite operation for the Premises shall be permitted to the extent the same is customary and appropriate for restaurants similar to the applicable Site and provided that such trash incinerator or compactor is used in compliance with all applicable Laws and Permitted Encumbrances; (iii) mortuary; (iv) fire sale, bankruptcy sale or auction house operation; (v) gas station; (vi) laundry or dry cleaning plant or laundromat; (vii) automobile, truck, trailer or RV repairs on-site; (viii) “flea market”, secondhand, surplus or other “off-price” or deep discount store; (ix) massage parlor; (x) carnival; or (xi) gambling or off-track betting operation. B. At all times during the first five (5) years of the Term, (i) Tenant shall occupy the Premises and (ii) Tenant shall operate its business on the Premises in the ordinary course except (A) during periods when the Premises may be untenantable by reason of fire or other casualty or condemnation (provided, however, during all such periods while the Premises are untenantable, Tenant shall strictly comply with the terms and conditions of Section 18 and Section 19 of this Lease), and (B) to the extent prohibited by applicable Law; provided that notwithstanding the foregoing, if Tenant is prohibited by applicable Law from operating its business in the ordinary course, Tenant shall continue to provide delivery and take-out services unless prohibited by Law. Notwithstanding anything contained herein to the contrary, Tenant may temporarily cease operation of business at any of the Sites for a period not to exceed thirty (30) consecutive days; provided, however, Tenant may not cease operations at more than ten (10) of the Sites at any one time and Tenant may only cease operation once with respect to any individual Site within any three-year period during the Term. If Tenant does discontinue operation as permitted by this Section 4, Tenant shall: (i) in the event of a planned Tenant closure, give written notice to Landlord ten (10) business days prior to ceasing operation; if such closure is unplanned or otherwise resulting from an emergency situation, Tenant shall provide written notice to Landlord within two (2) business days following such closure; (ii) provide adequate protection and maintenance of any such Sites during any period of vacancy; (iii) comply with all applicable Laws and otherwise comply with the Premises as a data center terms and conditions of this Lease other than the continuous use covenant set forth in compliance with Environmental Law). In no event shall this Section 4; and (iv) pay all costs necessary to restore such Sites to their condition on the Premises be used for any purpose which shall violate any day operation of the provisions of any Permitted Encumbrance business ceased at such time as such Sites are reopened for Tenant’s business operations or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created other substituted use approved by or consented to by Tenant applicable to the PremisesLandlord as contemplated herein. Notwithstanding anything herein to the contrary contrary, Tenant shall pay the Rent as provided herein containedduring any period in which Tenant discontinues operation. C. Tenant will not enter into any agreements or consent to any transaction or instruments that will create an Encumbrance on the Premises without Landlord’s prior written consent in its sole discretion. Tenant shall be responsible for complying with the terms and conditions of, and paying the costs and expenses under, all Encumbrances on the Premises (other than Landlord’s obligations to pay debt service to any Landlord Mortgagee under any Landlord Mortgage). Tenant shall not, without Landlord’s prior written consent (in Landlord’s sole discretion), apply for or otherwise seek or obtain any zoning changes or variances with respect to the Property. If Landlord desires to seek or obtain any zoning changes or variances with respect to the Property, Tenant shall cooperate in all respects therewith at no event shall material cost to Tenant, at Landlord’s request, provided that such zoning change or variance will not prohibit, materially alter or materially impair Tenant’s use of the Premises Property for general office its then-current use. D. Tenant shall have the right to access and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of use the Premises twenty-four (and the simultaneously issued Lender’s policy of title insurance24) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentencehours per day, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordseven (7) days per week.

Use. A. Tenant may use the Premises for general office as a restaurant, gift shop and any computer data center purpose ancillary uses associated therewith, or for any other lawful purpose providedretail use that does not adversely impair the value of the Premises and in all cases subject to and in compliance with all Laws and Permitted Encumbrances. Tenant shall use the Premises only as provided by and in accordance with all Permitted Encumbrances, however, the subject to Landlord’s reservation of rights herein. Tenant shall not use or occupy the Premises, or any part thereof, nor permit or allow the Premises or any part thereof to be used or occupied, for (i) any purpose or in any manner which is in violation of any Law or a violation of the provisions set forth in Section 27 or any other provision of this Lease or (ii) in any manner which violates any certificates of occupancy for the Premises or makes void or voidable any insurance then in force with respect thereto as is required pursuant to Section 15 hereof. Tenant’s occupancy of the Premises will be in material compliance with all Laws and insurance requirements, and as otherwise provided in this Lease. Tenant shall neither suffer nor permit the Premises or any portion thereof to be used, or otherwise act or fail to act, in such a manner as (I) likely to impair Landlord’s title thereto or to any portion thereof, (II) may make possible a claim of adverse use or possession or an implied dedication of the Premises or any material portion of the Premises, or (III) subject the Premises or this Lease to any Encumbrances, other than Permitted Encumbrances. Notwithstanding anything herein to the contrary, Tenant shall not (a) permit any unlawful practice to be carried on or committed in the Premises; (b) make any use of or allow the Premises to be used for any purpose that might invalidate or materially increase the rate of insurance thereof; (c) deface or injure the Premises; (d) overload the floors, walls or ceilings of the Premises; (e) intentionally omitted; (f) commit or suffer any material waste in or about the Premises; (g) use the Premises in a any manner which would (i) result in a diminution of more than a de minimis amount in that may diminish the value of the Building, (ii) cause a nuisance Premises in any material respect; or (iiih) involve use the production Premises for any of the following purposes without the Landlord’s prior consent (which may be granted or withheld in its sole and absolute discretion): (i) bar (provided that Tenant shall be permitted to sell alcoholic beverages, in compliance with all Laws and Permitted Encumbrances, at the storage of Hazardous Materials (other than the storage of Hazardous Materials Premises in connection with the operation and maintenance of a restaurant thereon), nightclub, adult bookstore or video shop or other adult entertainment establishment; (ii) incineration or reduction of garbage or any garbage dumps on the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting a trash incinerator or otherwise modifying compactor used exclusively for Tenant’s obligations hereunder to comply with applicable laws. Without limiting onsite operation for the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 Premises shall not apply be permitted to the extent the title insurance policy obtained by Landlord in connection with its purchase of same is customary and appropriate for restaurants similar to the Premises and provided that such trash incinerator or compactor is used in compliance with all applicable Laws and Permitted Encumbrances; (and the simultaneously issued Lender’s policy of title insuranceiii) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance mortuary; (iv) fire sale, bankruptcy sale or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentenceauction house operation; (v) gas station; (vi) laundry or dry cleaning plant or laundromat; (vii) automobile, TENANT SHALL BE OBLIGATED TO INDEMNIFYtruck, DEFEND AND HOLD HARMLESS LANDLORDtrailer or RV repairs on-site; (viii) “flea market”, LENDER AND ALL OTHER INDEMNIFIED PARTIESsecondhand, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions surplus or agreements hereafter created by other “off-price” or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlorddeep discount store; (ix) massage parlor; (x) carnival; or (xi) gambling or off-track betting operation.

Use. A. Tenant may use the Premises for general office as a distribution center and any computer data center purpose or for any other lawful purpose providedall ancillary uses associated therewith, howeverin all cases subject to and in compliance with all Laws and Permitted Encumbrances. Tenant shall use the Premises only as provided by and in accordance with all Permitted Encumbrances, the subject to Landlord’s reservation of rights herein. Tenant shall not use or occupy the Premises, or any part thereof, nor permit or allow the Premises in a manner which would or any part thereof to be used or occupied, for (i) result any purpose or in any manner which is in violation of any Law or a diminution of more than a de minimis amount in the value violation of the Building, provisions set forth in Section 27 or any other provision of this Lease or (ii) cause a nuisance in any manner which violates any certificates of occupancy for the Premises or (iii) involve the production makes void or the storage of Hazardous Materials (other than the storage of Hazardous Materials voidable any insurance then in connection force with the operation and maintenance respect thereto as is required pursuant to Section 15 hereof. Tenant’s occupancy of the Premises as a data center and will be in compliance with Environmental Law)all Laws and insurance requirements, and as otherwise provided in this Lease. In no event Tenant shall neither suffer nor permit the Premises or any portion thereof to be used, or otherwise act or fail to act, in such a manner as (I) might impair Landlord’s title thereto or to any portion thereof, (II) may make possible a claim of adverse use or possession or an implied dedication of the Premises or any portion of the Premises, or (III) may subject the Premises or this Lease to any Encumbrances, other than Permitted Encumbrances. Notwithstanding anything herein to the contrary, Tenant shall not (a) permit any unlawful or immoral practice to be carried on or committed in the Premises; (b) make any use of or allow the Premises to be used for any purpose which shall violate that might invalidate or increase the rate of insurance thereof; (c) deface or injure the Premises; (d) overload the floors, walls or ceilings of the Premises; (e) sell or consume, or allow the sale or consumption of, alcoholic beverages in the Premises; (f) commit or suffer any material waste in or about the Premises; (g) use the Premises in any manner that may diminish the value of the Premises in any material respect; or (h) use the Premises for any of the provisions following purposes without the Landlord’s prior consent (in its sole and absolute discretion): (i) bar, nightclub, adult bookstore or video shop or other adult entertainment establishment; (ii) incineration or reduction of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, garbage or any covenantsgarbage dumps on the Premises; (iii) mortuary; (iv) fire sale, restrictions bankruptcy sale or auction house operation; (v) gas station; (vi) laundry or dry cleaning plant or laundromat; (vii) automobile, truck, trailer or RV repairs on-site; (viii) “flea market”, secondhand, surplus or other “off-price” or deep discount store (provided this language shall not be construed to limit Tenant’s use of a portion of the Premises for a Big Lots retail store); (ix) massage parlor; (x) carnival; or (xi) gambling or off-track betting operation. B. At all times during the first five (5) years of the Term, (i) Tenant shall occupy the Premises and (ii) except during periods when the Premises may be untenantable by reason of fire or other casualty or condemnation (provided, however, during all such periods while the Premises are untenantable, Tenant shall strictly comply with the terms and conditions of Section 18 and Section 19 of this Lease), Tenant shall operate its business on the Premises in the ordinary course. C. Tenant will not enter into any agreements hereafter created by or consented consent to by any transaction or instruments that will create an Encumbrance on the Premises without Landlord’s prior written consent in its sole discretion. Tenant applicable shall be responsible for complying with the terms and conditions of, and paying the costs and expenses under, all Encumbrances on the Premises (other than Landlord’s obligations to pay debt service to any Landlord Mortgagee under any Landlord Mortgage). Tenant shall not, without Landlord’s prior written consent (in Landlord’s sole discretion), apply for or otherwise seek or obtain any zoning changes or variances with respect to the PremisesProperty. Notwithstanding anything If Landlord desires to seek or obtain any zoning changes or variances with respect to the contrary herein containedProperty, Tenant shall cooperate in no event shall all respects therewith, at Landlord’s request, provided that such zoning change or variance will not prohibit, restrict or otherwise limit Tenant’s use of the Premises Property for general office its then-current use. D. Tenant shall have the right to access and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of use the Premises twenty-four (and the simultaneously issued Lender’s policy of title insurance24) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentencehours per day, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordseven (7) days per week.

Use. Tenant may use Except as set forth below or in Section 26.D, each of the Premises Properties shall be used solely for general office the operation of a Permitted Facility in accordance with the standards of operations then in effect on a system-wide basis, and for no other purpose. Lessee shall occupy the Properties promptly following the Effective Date and, except as set forth below and except during periods when any computer data center purpose of the Properties is untenantable by reason of fire or for any other lawful purpose casualty or condemnation (provided, however, during all such periods while any of the Tenant Properties is untenantable, Lessee shall strictly comply with the terms and conditions of Section 21 of this Lease), Lessee shall at all times during the Lease Term occupy each of the Properties and shall diligently conduct its business on each of the Properties as a Permitted Facility. In connection with any alterations to be performed by Lessee at any Property pursuant to this Lease, Lessee may cease diligent operation of business at such Property for a period not use to exceed 90 days and may do so only once with respect to such Property within any five-year period during the Premises in a manner which would Lease Term. As long as no Event of Default has occurred and is continuing, Lessee may also cease diligent operations of business at any Property for reasons other than as contemplated by the preceding sentence, provided that (i) result in a diminution of no Property may be closed pursuant to this sentence for more than 180 days from the date of closure, and (ii) no more than one Property may be closed at any one time pursuant to this sentence. If Lessee does discontinue operation as permitted by this Section, Lessee shall (i) give written notice to Lessor within 10 days after Lessee elects to cease operation, (ii) provide adequate protection and maintenance of any such Properties during any period of vacancy, (iii) comply with all Applicable Regulations and otherwise comply with the terms and conditions of this Lease other than the continuous use covenant set forth in this Section, and (iv) pay all costs necessary to restore such Properties to their condition on the day operation of the business ceased at such time as such Properties are reopened for Lessee's business operations or other substituted use approved by Lessor as contemplated below. Notwithstanding anything herein to the contrary, Lessee shall pay the Base Monthly Rental on the first day of each month during any period in which Lessee discontinues operation. Lessee shall not, by itself or through any assignment, sublease (except as permitted by Section 26.D) or other type of transfer, convert any of the Properties to a de minimis amount use other than a Permitted Facility during the Lease Term without Lessor's consent, which consent shall not be unreasonably withheld or delayed. Lessor may consider any or all of the following in determining whether to grant its consent, without being deemed to be unreasonable: (i) whether the converted use will be consistent with the highest and best use of the Properties, and (ii) whether the converted use will increase Lessor's risks or decrease the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordProperties.

Use. (a) The Premises shall be used only for the Permitted Use and shall be used for no other purpose without the prior written consent of Landlord, which consent shall not be unreasonably withheld. For purposes of example, and without otherwise limiting other activities that may be included in the Permitted Use, Tenant (subject to the other limitations of this Section 6) may use screen videos or film in the Premises promoting Tenant’s products and services, and provide workshops and events that directly promote and provide technical assistance in the use of Tenant’s products and services. Tenant acknowledges that the Permitted Use is not exclusive. Tenant further acknowledges and agrees that it is not relying on the fact, nor does Landlord represent, that any specific tenant or occupant or number of tenants, or types of tenants, or occupants shall during the Term occupy any space in the Building or the Project. In connection with any request to modify or change such Permitted Use, Tenant acknowledges and agrees that any such retail use must be of the type typically found in and consistent with the character of comparable first class office buildings in the San Francisco, South of Market, metropolitan area at that time (but specifically excluding any “off-price” or “discount” operation or a store that sells irregular, seconds or factory damaged goods), taking into account ground floor visibility and proximity to the main entrance of the building; provided further that such proposed new use may not: (i) conflict with or violate any exclusive use rights or prohibited uses then in effect for general office and any computer data center purpose the Building; (ii) conflict with, or for any other lawful purpose provided, howeverbe substantially similar to, the primary use of any then-existing tenant in the Building; (iii) violate any Requirements; or (iv) overburden any Building facilities, including but not limited to lighting, security, maintenance or common areas. (b) As further consideration to Landlord to enter into this Lease, Tenant covenants and agrees as follows: (i) Tenant shall not use any part or all of the Premises for the conduct of any adult entertainment business or a business primarily engaged in sexually explicit products or services. (ii) Tenant shall not conduct or permit to be conducted in the Premises any sale by auction, or any fire, distress or bankruptcy sale. (iii) Tenant shall not keep, display or sell, or suffer or permit the display or sale, of any merchandise outside the Premises, or otherwise obstruct any common areas or sidewalks in and about the Project. (iv) Tenant shall not operate a restaurant or food or beverage market, or offer take-out food or beverage service (including any sale of alcoholic beverages, sale of coffee drinks or other hot or cold drinks, such as soda, juices or water), or sale of other food products; provided that the foregoing shall not prevent Tenant from offering such items in connection with specific events held at the Premises for Tenant’s customers, clients or invitees for on premises consumption (v) Tenant shall not install any audio system on the exterior of the Premises or within the Premises if the same is primarily directed towards the outside of the Premises, or play music (live or recorded) in a manner which would that creates noise or disturbances that can be heard outside the Premises. (ivi) result As soon as practicable and in a diminution of more than a de minimis amount any event within three (3) business days after any exterior glass in the value Premises facing onto the street is broken or cracked, including a so-called “bull’s eye” break in the glass, Tenant shall, at its sole cost and expense, replace such glass with glass of the same kind and quality and, as may be necessary or desirable in connection with such replacement, repair or replace the frames for such glass. In the event that Tenant shall fail to so replace such glass and, if necessary, repair or replace such frames within said three (3)-day period, Landlord may at any time thereafter replace such glass and, if necessary, replace or repair such frames on Tenant’s behalf and Tenant shall promptly pay to Landlord, as additional rent, the reasonable cost incurred by Landlord in so doing. (vii) At all times the business transacted in the Premises shall be conducted, and the appearance of the Premises (including lighting, displays, store front windows, and cleanliness) will be dignified and befitting the quality of the Project. The visual appearance of the interior of the Premises from the surrounding exterior area shall be clean, visually attractive and open, and in keeping with the quality historic image of the Project. (viii) All deliveries to and from the Premises shall be made through the Premises of the loading dock area of the Building, and not through any other portion of the Building. (c) Tenant acknowledges that Landlord and/or its authorized representatives have not made any warranties and/or representations as to the permitted use that can be made of the Premises under existing laws, ordinances, rules, regulations or codes (including zoning ordinances), and that responsibility for confirming any permitted use of the Premises is the sole responsibility of Tenant and is not a condition to the effectiveness of this Lease. (d) Tenant shall, at Tenant’s expense, faithfully observe and comply with, and shall cause all Tenant Parties to so observe and comply with, (i) all laws, statutes, codes, rules, regulations, ordinances, requirements, guidelines and orders, now in force or hereafter promulgated or adopted, by any Governmental Authority (collectively, “Laws”) that are applicable to the particular use and occupancy of the Premises by Tenant, the conduct of Tenant’s business therein, and the use by Tenant or any Tenant Party of the Premises or any other portion of the Project; (ii) cause all recorded covenants, conditions and restrictions affecting the Project, whether presently existing or subsequently recorded (collectively, “CC&Rs”) written notice and a nuisance or copy of which is provided to Tenant; and (iii) involve all current and future requirements of any applicable fIre rating bureau or other body exercising similar functions (collectively, “Requirements”), in each case regardless of cost, the production permanency of any required improvements to comply therewith and/or the ability of the parties hereto to contemplate the enactment of said Laws. Landlord shall not modify any presently existing CC&Rs or enter into new CC&Rs in any manner that would result in a material adverse effect or would result in a material impairment or loss of any of Tenant’s rights under or in the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance use or occupancy of the Premises as a data center by Tenant in accordance with this Lease. Tenant acknowledges and agrees that its obligation to comply with Laws includes compliance with all present or future programs intended to manage parking, transportation or traffIc in and around the Project, and in compliance connection therewith, Tenant shall take responsible action for the transportation planning and management of all Tenant’s employees at the Project by working directly with Environmental Law). In no event shall the Premises be used Landlord, Governmental Authorities, and any applicable transportation-related committees and entities. (e) Subject to permitted closures following a casualty or exercise by landlord of Landlord’s right to temporary close Common Areas necessary for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable access to the Premises, or for Permitted Closures (as hereinafter defIned), Tenant shall remain open for business continuously and uninterruptedly for the purpose or purposes specifIed herein during minimum hours of operation comparable to other retail tenants at the Building (which is currently 9:00 a.m. through 6:00 p.m., Monday through Friday, excluding Holidays) (the “Minimum Hours of Operation”). As used herein, “Holidays” shall mean the dates of observation of New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and other locally or nationally recognized holidays on which federally insured national banks doing business in the State of California are required or permitted under applicable laws to close for business (“Holidays”) and “Permitted Closures” shall mean the cessation of business (i) for fixturing, remodeling, repairing or refurbishing the Premises (not to exceed thirty (30) days at any one time), or (ii) during any period of Force Majeure. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall Tenant may elect to not apply to the extent the title insurance policy obtained by Landlord operate in connection with its purchase of the Premises during the following periods: (i) the week between Christmas and New Years, and (ii) during the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordThanksgiving week.

Use. Tenant may Subtenant will use and occupy the Premises during the Sublease Term for general office, laboratory use for research and development and storage purposes and in accordance with Section Article 4 of the Master Lease, and for no other purpose (provided that no laboratory classified as a BSL-3 or BSL-4 shall be permitted) and in all cases in accordance with Law, including any hazardous waste or medical waste rules and regulations promulgated by Sublandlord or any applicable governmental authority (collectively, the “Permitted Use”), Sublandlord acknowledges that it is not the intent of this Section 6 to prohibit Subtenant from using the Premises for general office and any computer data center purpose the Permitted Use. Subtenant may operate its business according to prudent industry practices so long as the use or for any other lawful purpose provided, however, presence of Hazardous Materials is in accordance with applicable Hazardous Materials Law (as defined in Section 16). Subtenant agrees to deliver to Sublandlord prior to the Tenant shall not use the Premises in Sublease Commencement Date a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage list identifying each type of Hazardous Materials (other than as defined in Section 16) to be brought upon, kept, used, stored, handled, treated, generated on, or released or disposed of from, the storage of Hazardous Materials Premises and setting forth any and all governmental approvals or permits required in connection with the operation presence, use, storage, handling, treatment, generation, release or disposal of such Hazardous Materials on or from the Premises ("Hazardous Materials List"). Upon request of Sublandlord, Subtenant shall deliver to Sublandlord an updated Hazardous Materials List within thirty (30) days following Sublandlord’s request, provided that Sublandlord shall not make such request more than once per calendar year during the Sublease Term (unless required by applicable legal requirements or in connection with a specific transaction involving the Premises). On request, Subtenant shall deliver to Sublandlord true and maintenance correct copies of the permits, approvals, reports and material correspondence, and storage and management plans relating to the use, storage, handling, treatment, generation, release or disposal of Hazardous Materials by Subtenant at the Premises, including plans relating to the installation of any storage tanks containing Hazardous Materials to be installed in or under the Premises as a data center and (provided, said installation of tanks shall only be permitted after Sublandlord has given its written consent to do so, which consent shall be given in compliance accordance with Environmental LawSection 6). In no event At any time following Subtenant's receipt of a request from Sublandlord, Subtenant shall promptly complete a "hazardous substances questionnaire" (excluding confidential information, unless Sublandlord and Subtenant enter into a commercially reasonable non-disclosure agreement with respect to such confidential information) using the form then-provided by Sublandlord to the extent the same is reasonably satisfactory to Subtenant. Any handling, treatment, transportation, storage, disposal or use of Hazardous Materials by Subtenant in or about the Premises be used for any purpose which shall violate any of or the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall TenantProperty and Subtenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with all applicable lawsHazardous Materials Law. Without limiting the generality Subtenant shall give written notice to Sublandlord as soon as reasonably practicable of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply (A) any communication received by Subtenant from any governmental authority concerning Hazardous Materials which relates to the extent Premises or the title insurance policy obtained by Landlord in connection with its purchase Property, and (B) any disposal, release or threat of release of Hazardous Materials on, under, from or about the Premises (and Building or the simultaneously issued Lender’s policy Property of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance which Subtenant is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordaware.

Use. Tenant may use Except as set forth below, each of the Premises Properties shall be used solely for general office the operation of a Permitted Facility in accordance with the standards of operations then in effect on a system-wide basis, and for no other purpose. Lessee and the Permitted Sublessees shall occupy the Properties promptly following the Effective Date and, except as set forth below and except during periods when any computer data center purpose of the Properties is untenantable by reason of fire or for any other lawful purpose casualty or condemnation (provided, however, the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate during all such periods while any of the provisions Properties is untenantable, Lessee shall strictly comply with the terms and conditions of any Section 21 of this Lease), Lessee and the Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to Sublessees shall at all times during the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use Lease Term occupy each of the Premises for general office Properties and any computer data center purpose in violation shall diligently conduct their business on each of the Properties as a Permitted Encumbrance (Facility. Lessee may cease or permit a “Planned Use Violation”) constitute Permitted Sublessee to cease diligent operation of business at any of the Properties for a violation of this Section 4period not to exceed 180 days; provided, however, the foregoing shall in no way be construed as limiting Lessee may not cease or otherwise modifying Tenant’s obligations hereunder permit a Permitted Sublessee to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply cease diligent operation at more than two Properties at any one time and Lessee may cease or permit a Permitted Sublessee to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost cease operation only once with respect to each Property within any five-year period during the Lease Term. If Lessee or a Permitted Sublessee does discontinue operation as permitted by this Section, Lessee shall (i) give written notice to Lessor within 10 days after Lessee or a Permitted Sublessee elects to cease operation, (ii) provide adequate protection and maintenance of any such Permitted Encumbrance on Properties during any period of vacancy, (iii) comply with all Applicable Regulations and otherwise comply with the terms and conditions reasonably satisfactory of this Lease other than the continuous use covenant set forth in this Section, and (iv) pay all costs necessary to Landlordrestore such Properties to their condition on the day operation of the business ceased at such time as such Properties are reopened for business operations or other substituted use approved by Lessor as contemplated below. Subject Notwithstanding anything herein to the preceding sentencecontrary, TENANT SHALL BE OBLIGATED TO INDEMNIFYLessee shall pay the Base Monthly Rental on the first day of each month during any period in which Lessee discontinues operation. Lessee shall not, DEFEND AND HOLD HARMLESS LANDLORDby itself or through any assignment, LENDER AND ALL OTHER INDEMNIFIED PARTIESsublease or other type of transfer, FROM ANY AND ALL LOSSESconvert any of the Properties to a use other than a Permitted Facility during the Lease Term without Lessor's consent, LIABILITIESwhich consent shall not be unreasonably withheld or delayed. Lessor may consider any or all of the following in determining whether to grant its consent, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein without being deemed to be observed unreasonable: (i) whether the rental paid to Lessor would be equal to or greater than the anticipated rental assuming continued existing use, (ii) whether the proposed rental to be paid to Lessor is reasonable considering the converted use of the Properties and performed by Landlordthe customary rental prevailing in the community for such use, (iii) whether the converted use will be consistent with the highest and best use of the Properties, and (iv) whether the converted use will increase Lessor's risks or decrease the value of the Properties.

Use. (a) Tenant may shall initially maintain, use and operate the Premises as a retail store for (i) the sale of consumer, office and automotive electronics products (which include, but shall not be limited to, televisions, stereos, speakers and video recorders and players), computer hardware and software, entertainment software and entertainment media (which include, but shall not be limited to, records, game cartridges, video tapes, cassettes and compact discs), cellular telephones, household appliances (which include, but shall not be limited to, refrigerators, freezers, stoves, microwave ovens, vacuum cleaners and dishwashers) and related goods and the sale and installation of motor vehicle audio, stereo and telephone systems (all of such items being herein collectively referred to as the "Products"), and (ii) renting, servicing, repairing and warehousing of the Products (collectively herein, the "Initial Use"). (b) Thereafter, Tenant shall have the right to use the Premises for general office and any computer data center purpose lawful retail use; provided, however, that the Premises shall not be used (i) for any illegal purpose, (ii) for any use prohibited under paragraph 19(a)(viii) below, (iii) in violation of any exclusive use restriction granted a tenant or other occupant of the Shopping Center pursuant to a Prior Lease or any restrictive covenant in a Prior Lease shown on EXHIBIT "F", or (iv) in violation of any other applicable provision of the "Permitted Title Encumbrances" contained in EXHIBIT 7-1. (c) Nothing contained in this Lease shall be construed to require Tenant to operate the Premises continuously for the use first stated or for any other lawful purpose provideduse. However, howevershould Tenant fail to open and engage in the Initial Use for at least one (1) business day within one (1) full year following the Commencement Date, subject to force majeure (financial inability excepted), Landlord shall have the right upon thirty (30) days' prior written notice to Tenant to terminate the Lease and thereafter Tenant shall be relieved of all obligations hereunder. If this Lease is so terminated pursuant to this paragraph 18(c), the Tenant Improvements shall become the property of Landlord, and Landlord shall not use be required to deliver the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises Tenant Improvement Allowance as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created required by or consented to by Tenant applicable to the PremisesExhibit "C". Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenantcontrary, Tenant shallmay eliminate Landlord's termination right if within the thirty (30) day period following Tenant's receipt of Landlord's termination notice, subject to Tenant opens for business in the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordPremises.

Use. (a) Tenant may shall initially maintain, use and operate the Premises as a retail store for (i) the sale of consumer, office and automotive electronics products (which include, but shall not be limited to, televisions, stereos, speakers and video recorders and players), computer hardware and software, entertainment software and entertainment media (which include, but shall not be limited to, records, game cartridges, video tapes, cassettes and compact discs), cellular telephones, household appliances (which include, but shall not be limited to, refrigerators, freezers, stoves, microwave ovens, vacuum cleaners and dishwashers) and related goods and the sale and installation of motor vehicle audio, stereo and telephone systems (all of such items being herein collectively referred to as the "Products"), and (ii) renting, servicing, repairing and warehousing of the Products (collectively herein, the "Initial Use"). (b) Thereafter, Tenant shall have the right to use the Premises for general office and any computer data center purpose lawful retail use; provided, however, that the Premises shall not be used (i) for any illegal purpose, (ii) for any use prohibited under paragraph 19(a)(viii) below, (iii) in violation of any exclusive use restriction granted a tenant or other occupant of the Shopping Center pursuant to a Prior Lease or any restrictive covenant in a Prior Lease shown on EXHIBIT "F", or (iv) in violation of any other applicable provision of the "Permitted Title Encumbrances" contained in EXHIBIT "F-1". (c) Nothing contained in this Lease shall be construed to require Tenant to operate the Premises continuously either for the use first stated or for any other lawful purpose provideduse. However, howevershould Tenant fail to open and engage in the Initial Use for at least one (1) business day within one (1) full year following the Commencement Date, subject to force majeure (financial inability excepted), Landlord shall have the right upon thirty (30) days' prior written notice to Tenant to terminate the Lease and thereafter Tenant shall be relieved of all obligations hereunder. If this Lease is so terminated pursuant to this paragraph 18(c), the Tenant Improvements shall become the property of Landlord, and Landlord shall not use be required to deliver the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises Tenant Improvement Allowance as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created required by or consented to by Tenant applicable to the PremisesExhibit "C". Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenantcontrary, Tenant shallmay eliminate Landlord's termination right if within the thirty (30) day period following Tenant's receipt of Landlord's termination notice, subject to Tenant opens for business in the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordPremises.

Use. Tenant may Sublessee shall use the Subleased Premises only for office, research and development and such ancillary uses which do not cause excessive wear of the Subleased Premises or increase the potential liability of Sublessor, and, except as otherwise expressly permitted in this Sublease, in accordance with the provisions of Section 5.01 of the Master Lease. Notwithstanding the foregoing sentence, at Sublessee’s option (written notice of which election shall be given to Sublessor at least sixty (60) days prior to commencement of such use), and subject to the terms of the Master Lessor’s Consent (which shall include Master Lessor’s consent to the following), the Subleased Premises also may be used and occupied for laboratory, biopharmaceutical research (including without limitation, vivarium and animal colony facilities for rodents only, small scale pilot fermentation and other pilot plant facilities) and other related legal uses (collectively, “Lab Uses”). Sublessee shall use the Subleased Premises for general office no uses other than those set forth in the foregoing two sentences without Sublessor’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed so long as such use is lawful and any computer data center purpose or for does not conflict with any other lawful purpose providedprovision of this Sublease, howeverand the prior written consent of Master Lessor. Upon demand, Sublessee shall pay to Sublessor all taxes or charges imposed by applicable governmental authorities against the Tenant Subleased Premises or Sublessor, so long as such tax or assessment is directly related to Sublessor’s interest in the Subleased Premises (including, without limitation, assessments imposed as a consequence of the occurrence, storage, use or disposal of Hazardous Materials [as defined in Section 17.22(a) of the Master Lease] by Sublessee or Sublessee’s Agents in or about the Subleased Premises). Sublessee shall not use do or permit anything to be done in or about the Subleased Premises in a manner which would (i) result in a diminution of more than a de minimis amount in injure the value of the BuildingSubleased Premises, or (ii) cause a nuisance vibrate, shake, overload, or (iii) involve impair the production efficient operation of the Subleased Premises or the storage sprinkler systems, heating ventilating or air conditioning equipment, or utilities systems located therein. Sublessee shall not store any materials, supplies, finished or unfinished products, or articles of Hazardous Materials (other than any nature outside of the storage of Hazardous Materials in connection Subleased Premises, except with the operation and maintenance prior written consent of the Premises as a data center and in compliance with Environmental Law)Master Lessor. In no event Sublessee shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply all reasonable rules and regulations promulgated from time to the extent the title insurance policy obtained time by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordMaster Lessor.

Use. The Premises shall be used only for general office use and for receiving, storing, shipping and selling products, materials and merchandise made or distributed by Tenant and for such other lawful purposes as may be incidental thereto (the "Permitted Use"); however, no store-front retail sales ------------- may be made from the Premises. By the 18th month after the Commencement Date, Tenant shall, at Tenant's expense, make alterations to the Premises such that it consists of at least 57,000 rentable square feet with not more than 2,500 rentable square feet being warehouse space for storage purposes only and not less than 54,500 rentable square feet of office space. Notwithstanding the increase in the number of rentable square feet in the Building caused by such alterations, Tenant's obligation to pay Base Rent shall be calculated as if the Building contained 52,000 rentable square feet. Tenant may not use any part of the Premises for general any use other than office and any computer data center purpose or use (except for any other lawful purpose providedthe warehouse space described in the second preceding sentence which may only be used for storage purposes) without Landlord's consent, however, the which shall not be unreasonably withheld. Tenant shall not use the Premises to receive, store or handle any product, material or merchandise that is explosive or highly inflammable or hazardous, except in a manner which would (i) result compliance with all applicable Laws and in a diminution of more than a de minimis amount in accordance with Section 25. Outside storage is prohibited. Tenant shall be solely responsible for complying with all Laws applicable to the value use, occupancy, and condition of the BuildingPremises. Tenant shall not permit any objectionable or unpleasant odors, (ii) cause smoke, dust, gas, light, noise or vibrations to emanate from the Premises; nor take any other action that would constitute a nuisance or (iii) involve the production would disturb, unreasonably interfere with, or the storage of Hazardous Materials (endanger Landlord or any other than the storage of Hazardous Materials in connection with the operation and maintenance of person; nor permit the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises to be used for any purpose which shall violate or in any of manner that would (1) void the provisions insurance thereon, (2) increase the insurance risk, or (3A cause the disallowance of any Permitted Encumbrance or sprinkler credits. Tenant shall pay to Landlord on demand any increase in the cost of any amendmentinsurance on the Premises incurred by Landlord, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created which is caused by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s 's use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, or because Tenant vacates the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordPremises.

Use. Tenant may use Subject to Applicable Laws, the Premises shall be used only for the purpose of general office office, manufacturing, receiving, storing, shipping and any computer data center purpose or selling (other than retail) products, materials and merchandise made and/or distributed by Tenant, and for any such other lawful purpose providedpurposes as may be incidental thereto. Provided that such use is permitted by Applicable Laws, howeverany manufacturing performed by Tenant at the Premises shall be limited to the manufacture and/or assembly of pharmaceutical, the diet supplement and/or other human health related products. Outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord's prior written consent. Tenant shall not use permit any objectionable or unpleasant odors, smoke, dust, gas, noise or vibrations to emanate from the Premises in Premises, nor take any other action that would constitute a manner which health or environmental hazard or nuisance or that would (i) result in a diminution disturb, interfere with, or endanger Landlord or the occupant of more than a de minimis amount any other land or buildings in the value vicinity of the Building, (ii) cause a nuisance Project or (iii) involve the production or the storage of Hazardous Materials (any other than the storage of Hazardous Materials in connection with the operation and maintenance tenant of the Premises as a data center and in compliance with Environmental Law)Project. In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s 's use of the Premises for general office and must in any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; providedevent comply with all Applicable Laws including, howeverwithout limitation, the foregoing shall in no way be construed as limiting or otherwise modifying Declaration and Applicable Laws. TENANT SHALL MAKE ITS OWN DETERMINATIONS AS TO THE SUITABILITY OF THE PREMISES FOR ITS INTENDED USE. BY ENTERING INTO THIS LEASE, TENANT REPRESENTS AND WARRANTS THAT IT HAS INVESTIGATED AND SATISFIED ITSELF AS TO WHETHER OR NOT APPLICABLE LAWS PERMIT ITS INTENDED USE OF THE PREMISES AND THAT TENANT IS RELYING SOLELY UPON SUCH INVESTIGATIONS, AND NOT UPON AND REPRESENTATIONS OF LANDLORD, IN ENTERING INTO THIS LEASE. If Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase 's particular use of the Premises (requires that additional improvements or modifications be made to the Premises or the Project by Landlord so that the Premises and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost Project complies in all respects with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by TenantApplicable Laws, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to shall be observed and performed by Landlordsolely responsible for such costs.

Use. Tenant may The receiving party agrees to use Confidential Information received from the Premises for general office and any computer data center purpose or for any other lawful purpose provided, however, the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials disclosing party solely in connection with the operation performance of such party's obligations and maintenance rights under this Agreement. The receiving party agrees to use reasonable measures, no less stringent than those measures used by the receiving party to protect its own confidential and proprietary information, to protect the Confidential Information of the Premises as a data center and disclosing party from disclosure to or use by any third party. Unless authorized to do so in compliance with Environmental Law). In no event shall writing by the Premises be used disclosing party, neither the receiving party, nor any third party acting on the receiving party’s behalf, will for any purpose which shall violate reason use or disclose to any person any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4disclosing party's Confidential Information; provided, however, that a receiving party has the foregoing right, without the prior written consent of the disclosing party, to disclose Confidential Information of the disclosing party to any person who needs to know the Confidential Information to assist the receiving party to fulfill its obligations or rights under this Agreement, who is informed by the receiving party of the confidential nature of the Confidential Information, and who agrees in writing to nondisclosure and non-use provisions comparable to those in this Agreement and provided further that the receiving party shall be responsible for breach of such Agreement by such persons. The term "person" as used in no way this clause shall be interpreted to include, without limitation, any individual, partnership, corporation or other entity. Nothing in this Agreement shall be construed as limiting granting any rights to the receiving party, by license or otherwise modifying Tenant’s obligations hereunder otherwise, to comply with applicable laws. Without limiting the generality any of the foregoingdisclosing party's Confidential Information, Tenant’s indemnity obligations under except as expressly stated in this Section 4 shall not apply Agreement. In the event that the receiving party is required to disclose Confidential Information to a court or governmental agency or pursuant to any other applicable law, regulation or court order, it may do so if legally permissible provided that the receiving party shall, as soon as practicable, notify the disclosing party to allow it an adequate opportunity to object to the extent disclosure or to take other actions to preserve the title insurance policy obtained by Landlord in connection with its purchase confidentiality of the Premises (and disclosing party’s Confidential Information. Prior to any disclosure pursuant to this clause, the simultaneously issued Lenderreceiving party shall cooperate with the disclosing party in such party’s policy reasonable efforts to limit the disclosure by means of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance protective order or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlorda request for confidential treatment.

Use. Tenant may use (1) During the Term of this Lease the Premises for general office and any computer data center purpose or for any other lawful purpose provided, however, the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose other than as the Tenant’s offices, with the primary purpose of carrying out its business activities, namely the business of creating and supplying software and hardware products for user authentication and management of digital identities in information network, through biometrics, smart cards, tokens, passwords and other identifying factors, including (without restriction) enterprise authentication, web authentication, enabling technologies to integrate authentication into other application and authentication devices (the “Business”). (2) The Tenant shall not do or permit to be done anything at the Premises, which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable may: (a) constitute a nuisance; (b) cause damage to the Premises. Notwithstanding anything ; (c) cause injury or annoyance to occupants of neighbouring premises; (d) make void or voidable any insurance upon the Premises; or (e) constitute a breach of any by-law, statute, order or regulation of any municipal, provincial or other competent authority relating to the contrary herein containedPremises; provided that the Landlord acknowledges that the carrying on of the Business by the Tenant, in the manner as it is currently conducted, or as currently contemplated to be conducted by the Tenant, does not constitute a breach of this Section 4(2). (3) The Tenant covenants that at any time, no event more than 45 of its employees, contractors and agents shall use and occupy the Premises. (4) The Landlord hereby grants to the Tenant’s , its agents, employees, invitees and other persons transacting business with it, in common with all others entitled thereto, a license to have the use of the Premises parking lot adjacent to the Premises, including the entrances and exits thereto. Specifically, the Tenant shall be entitled to use the thirty (30) parking spaces on such parking lot designated for general office use by the Tenant; provided however that such use shall be subject to all other provisions contained in this Lease and any computer data center purpose to the Landlord’s rules and regulations referred to in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation Section 14 of this Section 4; provided, however, Lease. (5) In the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting event the generality operation of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply parking lot for the Premises causes the Landlord to incur any cost in addition to costs which the extent the title insurance policy obtained by Landlord currently incurs in connection with its purchase the ownership of the lands which comprise the parking lot and Premises including, without limitation, (and a) any increase in the simultaneously issued LenderLandlord’s policy of title insuranceinsurance premiums for public liability; or (b) contains affirmative insurance against any increase in realty taxes, the applicable loss arising due to a violation Tenant shall reimburse the Landlord for the amount of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance additional costs as Additional Rent forthwith upon written demand. (6) The Tenant may elect, on terms and conditions reasonably satisfactory to Landlord. Subject ten (10) days written notice to the preceding sentenceLandlord, TENANT SHALL BE OBLIGATED TO INDEMNIFYto use the first floor lunch room in the Building. Upon receipt of such notice, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect the Landlord shall grant to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, its agents, employees, invitees and other persons, transacting business with it, in common with all others entitled thereto, a license to use such lunch room. If the Tenant shallrequests the use of such lunch room, subject the Tenant shall pay the Landlord the Additional Rent for the use for the lunch room as set out in Section 2(4) of this Lease. If at any time thereafter the Tenant ceases to use such lunch room, it shall provide written notice to the foregoingLandlord, observeand thereafter, perform commencing on the 1st day of the next month, the Tenant shall cease to use the lunch room and comply with and carry out shall no longer be required to pay to the provisions thereof required therein Landlord the Additional Rent contemplated in Section 2(4). (7) The Tenant shall not post any signs, displays, or advertising materials at or upon the Premises, without obtaining the prior written consent of the Landlord, such consent not to be observed unreasonably withheld or delayed. The Tenant shall remove any signs, displays, advertising or other material which, in the opinion of the Landlord, acting reasonably, is not appropriate or is the subject of complaint. The Tenant shall bear the cost of installing, maintaining, changing and performed by Landlordremoving all signs.

Use. 7.1 The Tenant may shall occupy and use the Premises for general office the Permitted Use and for no other purposes whatsoever, except with the prior written consent of the Landlords in respect of any computer data center purpose or for proposed change to any other lawful purpose providedincidental use subsisting at the Date of Entry , howeverin and only in accordance with such conditions as the Landlords may impose , which consent shall not be unreasonably withheld. For the Tenant avoidance of doubt the Tenants shall not use the Premises for residential purposes nor shall the Tenants shall the tenants keep livestock, pets or guard dogs in or about the Premises except in so far as same are necessary and incidental to the Permitted Use of which the Landlords acting reasonably shall be the sole judge . 7.2 The Tenants shall not use the Premises for any noxious, noisy, offensive, dangerous or immoral trade or business including without prejudice to the foregoing generality the sale or disposal or advertisement of solvents, combat knives and handguns from the Premises or for any purpose which, in the reasonable opinion of the Landlord may be undesirable or cause a manner nuisance, annoyance, disturbance or inconvenience to the Landlords or any of their tenants or to any occupier of premises in the neighbourhood nor shall the Tenants display or suspend goods or articles for sale out-with the Premises . 7.3 The Tenants shall not overload any floor surfaces in the Premises and shall keep the Premises free from any undue deposit or refuse or other materials (not being refuse ) or things which would (i) result may in the reasonable opinion of the Landlords be deemed to be offensive or a diminution nuisance or injurious to the amenity of the Premises . 7.4 The Tenants shall not overload the electrical or ICT system in the Premises, terminate any ICT Services or Network Connection provided by the Landlords and shall not install within the Premises any ICT equipment or software except with the written consent of the Landlord and in accordance with such conditions as the Landlords may impose which consent shall not be unreasonably withheld. 7.5 The Tenants shall take reasonable precautions against fire and shall not bring onto the Premises any hazardous, explosive, dangerous or combustible goods or materials save for any such goods or materials used by the Tenants in the normal course of business provided they are stored and used in accordance with the relevant Health & Safety regulations, the Landlords’ Policies, Procedures and Standards and the requirements of the Landlords’ Insurers. 7.6 In the event of an Automatic Fire Suppression System being installed in the Premises the Tenants shall ensure that the weekly test/ test card is completed and that during winter months heating is maintained in accordance with the manufacturer’s specification in accordance with the Landlords’ Policies, Procedures and Standards and the requirements of the Landlords’ Insurers. It is a specific requirement notwithstanding the foregoing generality that the ambient temperature throughout the period 1st October to 31st March annually should be maintained at a sufficient level to provide frost protection. 7.7 The Tenants shall not cease to use the Premises for any period throughout the Duration of more than a de minimis amount in 30 days except with the value prior written consent of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center Landlords which consent will not be unreasonably withheld and in compliance accordance with Environmental Law). In no event shall such conditions as the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable Landlords and /or their insurers may impose including without prejudice to the Premises. Notwithstanding anything foregoing generality an obligation to take such steps and continue to take such steps as may be required by the contrary herein contained, Landlords and/or the Landlords’ insurers in no event shall Tenant’s use respect of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase security of the Premises (in addition to those required whilst the Premises are in use) and/or any other matter during such period as the Tenants cease to use the Premises. 7.8 The Tenants shall only engage security contractors holding all appropriate licences from the Security Industry Authority as required in terms of the Private Security Industry Act 2001 and registered with the simultaneously issued LenderSecurity Industry Authority’s policy voluntary Approved Contractor Vetting Scheme for the relevant category of title insuranceservice to be provided 7.9 The Tenants shall not pass or allow to pass into the pipes, drains, sewers or others serving the Premises any polluting agent or noxious or deleterious effluent or other substance which might cause any obstruction or injury to said pipes and others or otherwise cause contamination ( the normal operation of a swimming pool facility been taken to fall out -with the preceding provisions of this Clause 7.9 ) contains affirmative insurance against but to employ such plant for treating such effluent before it enters the applicable loss arising due drains as may be required by any local or public authority or by the Landlords and to a violation of make good and remedy any such Permitted Encumbrance injury or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject contamination which occurs to the preceding sentencesatisfaction of the Landlords, TENANT SHALL BE OBLIGATED TO INDEMNIFYand not to permit any smoke, DEFEND AND HOLD HARMLESS LANDLORDeffluvia, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions vapour or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein grit to be observed and performed by Landlordemitted from the Premises.

Use. A. Tenant may use the Premises for (i) general and/or executive office purposes and ancillary uses associated therewith, (ii) the operation as a “Financial Services Institution” and ancillary uses associated therewith (iii) any computer data center purpose uses currently permitted on the Premises pursuant to any Existing Leases (provided that Tenant shall continue to operate its retail banking business and/or executive or for administrative offices in a substantial portion of the Premises occupied by Tenant as of the Effective Date and in compliance with Section 4.B below), and, (iv) subject to Landlord’s prior written consent (not to be unreasonably withheld), any other lawful purpose provideduse permitted by Law, howeverin all cases subject to all Laws and Permitted Encumbrances. For the purposes of this Lease, a “Financial Services Institution” shall mean any entity that performs one or more of the following activities: (i) operation of a commercial bank, savings bank, savings and loan association, credit union, mutual or thrift association or any other institution that accepts deposits of money, (ii) operating of any sort of automated teller machine or cash dispensing machine, (iii) operation of a stock brokerage firm, (iv) mortgage broker, (v) finance company, mortgage company or any other institution that lends money, (vi) investment banking, (vii) insurance brokerage, and (viii) provision of any other financial services or sale of any products that Tenant is permitted to offer by law. Tenant shall use the Premises and all parking and common areas only as provided by and in accordance with all Encumbrances, subject to Landlord’s reservation of rights herein. Tenant shall not use or occupy the Premises, or any part thereof, nor permit or allow the Premises in a manner which would or any part thereof to be used or occupied, for (i) result any purpose or in any manner which is in violation of any Law or a diminution of more than a de minimis amount in the value violation of the Building, provisions set forth in Section 33 or (ii) cause a nuisance in any manner which violates any certificates of occupancy for the Premises or (iii) involve the production makes void or the storage of Hazardous Materials (other than the storage of Hazardous Materials voidable any insurance then in connection force with the operation and maintenance respect thereto as is required pursuant to Section 18 hereof. Tenant’s occupancy of the Premises as a data center and will be in compliance with Environmental Law)all Laws and insurance requirements, and as otherwise provided in this Lease. In no event Tenant shall neither suffer nor permit the Premises or any portion thereof to be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacementused, or restatement otherwise act or fail to act, in such a manner as (I) might reasonably tend to impair Landlord’s title thereto or to any portion thereof, other than a Permitted Encumbrance, (II) may make reasonably possible a claim of any such Permitted Encumbrance permitted herebyadverse use or possession, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use an implied dedication of the Premises for general office and or any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality material portion of the foregoingPremises, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of or (III) may subject the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due or this Lease to a violation of such any Encumbrances, other than Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordEncumbrances.

Use. Tenant may (a) Lessee shall have the right to use the Premises for general office any and any computer data center purpose or for any other lawful purpose providedall purposes related to, however, the Tenant shall not use the Premises in a manner which would (i) result in a diminution furtherance of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials and in connection with the Project. ▇▇▇▇▇▇ acknowledges that the Existing Interest Holders have entered into this Agreement in reliance upon ▇▇▇▇▇▇’s covenant to own, develop, construct, operate and maintain the Premises and the Project for low and moderate income rental housing, as described in Section 15 of the Town Ground Lease, for the purpose of providing affordable housing restricted exclusively to seniors age sixty-two (62) years and older with prospective tenants under the age of 62 being prohibited from occupancy (“Affordability and Occupancy Restrictions”). The use of the premises for such purposes is a material obligation of the tenancy and the Affordability and Occupancy Restrictions shall be set forth in all applicable Regulatory Agreements. (b) The Lessee expressly agrees that any change in the Affordability and Occupancy Restrictions without the express written consent of the County shall be a default hereunder. The County shall have all rights available at law and in equity, including, without limitation, the right to specifically enforce the Affordability and Occupancy Restrictions and/or seek injunctive relief; provided however, if a violation of the Affordability and Occupancy Restrictions results solely from the occupancy of any dwelling unit by a family which includes a person less than sixty-two (62) years or age or by a person less than sixty-two (62) years of age, then the remedies set forth above shall not be available to the Existing Interest Holders, it being agreed that the Lessee shall immediately prosecute eviction proceedings against the occupants of that dwelling unit, the Existing Interest Holders sole remedy being to demand prompt and vigorous legal action regarding the eviction. Failure by Lessee to promptly and vigorously pursue eviction shall be a material default hereunder and the County shall have all rights available to it at law and in equity. A determination by a Court of competent jurisdiction that eviction on the grounds of age alone is not an acceptable Lessee action (notwithstanding the status of the Project as being limited to tenants age sixty-two (62) and older) shall be promptly appealed by the Lessee, if so requested by the County, at the Lessee’s cost. A final determination by a court of competent jurisdiction which is either non-appealable or reasonably determined by the Existing Interest Holders not to warrant further appeal, shall not be an actionable default hereunder (regardless of that Court’s holding), provided the Lessee promptly complies with the Court’s determination. (c) Notwithstanding the foregoing, this paragraph shall not be construed as limiting Lessee’s rights to provide additional services or facilities to residents of the Project provided that such services are consistent with the development, construction, operation and maintenance of the Premises Project. Lessee shall utilize the existing administration and residential buildings subject to remodeling and renovation as a data center described below, and except as otherwise set forth in compliance with Environmental Law). In no event shall the Premises be used plans and specifications for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendmentProject, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply demolish the existing administrative or residential buildings pursuant to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordthis Agreement.

Use. Tenant may use Subject to the Premises for general office terms, provisions, covenants, agreements and any computer data center purpose or for any other lawful purpose provided, howeverconditions herein, the Tenant shall not use the Leased Premises in a manner which would are to be used by Lessee solely for (i) result in a diminution of more than a de minimis amount operations as currently conducted in the value Leased Premises as part of the Building, Acquired Business (together with such changes thereto as may be comparable in general nature and character); (ii) cause a nuisance similar manufacturing operations as currently conducted elsewhere by the Acquired Business. or any comparable business of Raytheon or its subsidiaries as of the Commencement Date (together with such changes thereto as may be comparable in general nature and character), including electronics assembly and light manufacturing, warehousing, research and development, and related activities, provided any such activities do not violate applicable zoning requirements; or (iii) involve any office use or warehouse use, provided such uses comply with applicable zoning requirements. Notwithstanding the production foregoing, Lessee shall not use, store, process or package in the Leased Premises (a) any chemical in quantities sufficient to trigger either the Occupational Safety and Health Act's ("OSHA") Process Safety Management ("PSM") rules, 29 C.F.R. Section 1910.119, or the storage United States Environmental Protection Agency's ("EPA") Clean Air Act Accidental Release Prevention rules, 40 C.F.R. Pt. 68 Subpart. G, or (b) without the prior approval of Hazardous Materials Lessor, which approval shall not be unreasonably withheld. any hazardous or toxic chemical or radioactive material not currently used, stored or processed at the Leased Premises. Other proposed uses shall be allowed with Lessor's prior consent, which shall not be unreasonably withheld. Lessee agrees to use the Leased premises only for the intended uses specified herein, and without unreasonable interference with TI's operations or those of any other lessee or other occupant of the TI Expressway Site. Lessee further agrees that Lessee and its employees, agents, contractors, and visitors (while at the TI Expressway Site) will adhere to, and the use of the Leased Premises and other areas of the TI Expressway Site to which access is granted hereunder will be consistent with, the following specific rules: (1) No firearms or explosives (other than potentially reactive or flammable materials used in manufacturing processes allowed by and otherwise used, stored and handled in conformance with this Lease Agreement) will be permitted on the storage of Hazardous Materials in connection with TI Expressway Site; (2) No intoxicants or illegal drugs will be permitted on the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendmentTI Expressway Site; (3) Lessee shall, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation upon becoming aware of such Permitted Encumbrance person, remove from the TI Expressway Site any employee, agent, contractor or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance other visitor of Lessee under the influence of intoxicants or illegal drugs while on terms and conditions reasonably satisfactory to Landlordthe TI Expressway Site; (4) Smocking will be prohibited inside all buildings located on the TI Expressway site. Subject to other safety-related restrictions that may be imposed by TI from time to time, smoking will be allowed outdoors on the preceding sentenceTI Expressway Site except within approximately 100 feet of an outside door; (5) No conduct which is unreasonable or indecent will be permitted on the TI Expressway Site, TENANT SHALL BE OBLIGATED TO INDEMNIFYand (6) Except for any use within the Leased Premises, DEFEND AND HOLD HARMLESS LANDLORDno cameras or video recorders (other than security cameras or cameras for construction, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCEhealth and safety documentation) will be used on the TI Expressway Site except in accordance with any applicable TI security requirements. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject In addition to the foregoing, observeTI may from time to time adopt other rules or regulations generally applying to occupants, perform including tenants, of the TI Expressway Site for the management, safety, care and cleanliness of, and preservation of good order and protection of property in, the Leased Premises and the TI Expressway Site. Any such rules and regulations or changes and amendments thereto sent by Lessor to Lessee and conforming to the foregoing standards shall be carried out and observed by Lessee. Subject to any more specific articulation of compliance responsibilities with respect to environmental matters as set forth herein, Lessee further agrees to comply with all applicable City, County, State and carry out Federal laws and regulations, including, without limitation, building codes, electrical codes and fire codes which now are or hereafter become applicable to the provisions thereof Leased Premises and, to the extent made necessary in connection with Lessee's use of the Leased Premises, to any other portion of the TI Expressway Site. Nothing contained in this Lease, however, shall be construed to prevent Lessee from adopting or otherwise implementing standards or policies with respect to Lessee's occupancy, use or operations on the Leased Premises that are more stringent than required therein to be observed by applicable laws and performed by Landlordregulations.

Use. Tenant may shall use and occupy the Premises only for general office the use set forth in Article 1.G. of the Basic Lease Provisions and any computer data center purpose shall not use or occupy the Premises or permit the same to be used or occupied for any other lawful purpose providedwithout the prior written consent of Landlord, however, the Tenant which consent shall not be unreasonably withheld, conditioned, or delayed, and Tenant agrees that it will use the Premises in such a manner so as not to unreasonably interfere with or infringe upon the rights of other tenants or occupants in the Project. Tenant shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances, governmental regulations or requirements (including, without limitation all Laws as defined in Section 28(e) below and any laws which would may require Tenant to temporarily cease operations or prohibit or reduce Tenant’s use of the Premises) now in force or which may hereafter be in force relating to or affecting (i) result in a diminution of more than a de minimis amount in the value condition, use or occupancy of the BuildingPremises or the Project, and (ii) cause improvements, trade fixtures and equipment installed or constructed in the Premises by or for the benefit of Tenant. Tenant hereby agrees and acknowledges that the manufacture, cultivation, sale, use, trade or possession of any drugs or other substance in violation of the laws of the United States of America in the Premises shall be a nuisance material breach of this Lease (without any applicable notice and cure period) notwithstanding that any laws of the Commonwealth of Massachusetts permit the manufacture, cultivation, sale, use, trade or possession of such drugs or other substances for recreational or medicinal purposes, including without limitation, cannabis, cannabinoids or any derivations thereof. Tenant shall not permit more than six (iii6) involve the production or the storage of Hazardous Materials people per one thousand (other than the storage of Hazardous Materials in connection with the operation and maintenance 1,000) rentable square feet of the Premises as a data center to occupy the Premises at any time. Tenant shall comply with, and in Tenant’s rights and obligations under this Lease and Tenant’s use of the Premises shall be subject and subordinate to, all recorded easements, covenants, conditions, restrictions and other Underlying Documents now or hereafter affecting the Project. Landlord represents and warrants that subject to Tenant’s compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any terms and conditions of this Lease and the provisions conditions of any Permitted Encumbrance permits or of any amendment, extension, replacement, approvals maintained or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented required to be maintained by Tenant applicable hereunder neither the Underlying Documents, nor any other documents recorded against the Landlord Project and to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall which Landlord is a party will prohibit Tenant’s use of the Premises for general office the Permitted Use under this Lease and that Landlord will not seek to amend the same in any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying manner that would materially and adversely affect Tenant’s obligations hereunder rights, remedies, costs, or expenses under this Lease (it being agreed that if such Underlying Documents are so amended, then Tenant shall not be bound by the terms of such amendment to the extent of any such material and adverse effect). Tenant shall not do or permit to be done anything which would invalidate or increase the cost of any insurance policy covering the Project and/or the property located therein and Tenant shall comply with all rules, orders, regulations and requirements of any organization which sets out standards, requirements or recommendations commonly referred to by major fire insurance underwriters, and Tenant shall within ten (10) business days following receipt of written demand reimburse Landlord for any additional premium charges for any such insurance policy assessed or increased by reason of Tenant’s use of the Premises or failure to comply with the provisions of this Article 7. Tenant shall comply with Landlord’s reasonable sustainability practices applicable laws. Without limiting to the generality Project provided that Tenant received notice of the foregoing, Tenantsame. (i) Landlord represents that Landlord has taken or shall as part of Landlord’s indemnity obligations under this set forth in Section 4 shall not apply 9(a) take the necessary steps to comply with (and to the extent of Landlord’s obligations expressly set forth in this Lease, will continue to comply with during the title insurance policy obtained Term of this Lease) all current requirements of laws, rules, codes, regulations and ordinances applicable to the common areas of Project, including without limitation, the ADA in effect as of the date of this Lease as it pertains to the Project (other than in connection with the Improvements constructed by Tenant pursuant to the Tenant Work Letter – which shall be the sole responsibility of Tenant). Operating Costs shall not include any cost incurred by Landlord in connection with its purchase upgrading, repairing, or replacing the common areas of the Project to comply with the current requirements of laws, rules, regulations and ordinances, including without limitation, the ADA that are in effect as of the date of the earlier of the Pod 4 Portion Commencement Date or Pod 5 Portion Commencement Date of this Lease, as the case may be, including penalties or damages incurred due to such noncompliance. Notwithstanding anything herein to the contrary, Tenant shall not be required to make any structural changes to the Premises or any other part of the Project except to the extent such changes are required as a direct result of Tenant’s specific use, the Improvements or any subsequent Alterations of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost obligations under this Article 7 shall specifically exclude any compliance with respect to such Permitted Encumbrance on terms applicable laws, codes, rules, regulations, statutes, or orders which are triggered by alterations and conditions reasonably satisfactory to Landlord. Subject improvements to the preceding sentencePremises, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that Building or Project made by Landlord other than in connection with respect to the Permitted Encumbrances Improvements and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordBase Building Improvements.

Use. 3.01. Tenant may shall use and occupy the Demised Premises for general office warehousing, manufacturing and offices in connection with Tenant's business and consistent with its current use and for no other purpose. 3.02. If any computer data center purpose governmental license or permit shall be required for any other the proper and lawful purpose providedconduct of Tenant's business, however, Tenant shall at all times comply with the terms and conditions of each such license or permit. 3.03. Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Premises in a manner which would (i) result in a diminution of more than a de minimis amount Demised Premises, or do or permit anything to be done in the value Demised Premises, in violation of the Certificate of Occupancy for the Demised Premises or for the Building. 3.04. Notwithstanding anything contained to the contrary in this lease, Tenant covenants and agrees that Tenant shall not (ii1) cause a nuisance use or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance permit any portion of the Demised Premises as a data center and in compliance with Environmental Law). In no event shall the Premises to be used for any purpose which shall violate any the sale, preparation or servicing of food or beverages, or for the provisions sale of merchandise or the rendering of services to the public, including, without limitation, employees of Tenant or (2) install, maintain or operate, or permit the installation, maintenance or operation in the Demised Premises of any Permitted Encumbrance vending machine or device designed to dispense or sell food, beverages, tobacco, tobacco products or merchandise of any kind, whether or not included in the above categories, or of any amendmentrestaurant, extensioncafeteria, replacementkitchen, stand or other establishment of any type for the preparation, dispensing or sale of food, beverages, tobacco, tobacco products or merchandise of any kind, whether or not included in the above categories, or restatement of any such Permitted Encumbrance permitted herebyequipment or device for the furnishing to the public of service of any kind, including, without limitation thereto, telephone pay-stations. 3.05. Tenant shall not commit any nuisance on the Demised Premises, or any covenants, restrictions do or agreements hereafter created by permit to be done anything which might result in the creation or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation commission of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; providednuisance on the Demised Premises, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 and Tenant shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance cause or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein permit to be observed and performed by Landlordcaused or produced upon the Demised Premises, to permeate the same or to emanate therefrom, any unusual, noxious or objectionable smoke, gases, vapor, odors, noises or vibrations.

Use. A. Subject to the provisions of Subsection 4.B, Tenant may use the Premises for general office the operation of a bank branch offering financial services and any computer data center purpose other services now or for hereafter permitted by Law to be offered by a bank or a bank holding company and any other lawful purpose provided, however, the Tenant shall not use the for which such Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value is being used as of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation Commencement Date subject to all Laws and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4Encumbrances; provided, however, that subject to all Laws, Permitted Encumbrances, including all such restrictions and/or exclusions contained therein, and all other provisions of this Lease, including, without limitation, the insurance requirements of Section 18 and the repair and maintenance responsibilities of Section 12, Tenant shall (on not less than thirty (30) days’ written notice to Landlord of its intention to do so) have the right at any time and from time to time, to change the use of the Premises, or any portion thereof, from its then current use or any substantially similar use to any other retail or office use (collectively, “Alternative Use”). It is agreed that the foregoing use and restriction on use is a material inducement to Landlord entering into this Lease and that Landlord would not enter into this Lease without this inducement. Tenant shall use the Premises and all parking and common areas only as provided by and in no way accordance with all Encumbrances, subject to Landlord’s reservation of rights herein. Tenant shall not use or occupy the Premises, or any part thereof, nor permit or allow the Premises or any part thereof to be construed used or occupied, for (i) any purpose or in any manner which is in violation of any Law or a violation of the provisions set forth in Section 33 or (ii) in any manner which violates any certificates of occupancy for the Premises or makes void or voidable any insurance then in force with respect thereto as limiting or otherwise modifying is required pursuant to Section 18 hereof. Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase occupancy of the Premises will be in compliance with all Laws and Insurance Requirements, and as otherwise provided in this Lease. Tenant shall neither suffer nor permit the Premises or any portion thereof to be used, or otherwise act or fail to act, in such a manner as (and I) might reasonably tend to impair Landlord’s title thereto or to any portion thereof, other than a Permitted Encumbrance, (II) may make reasonably possible a claim of adverse use or possession, or an implied dedication of the simultaneously issued Lender’s policy Premises or any material portion of title insurancethe Premises, or (III) contains affirmative insurance against may subject the applicable loss arising due Premises or this Lease to a violation any Encumbrances, other than Permitted Encumbrances. B. If Tenant determines in its sole discretion to permanently cease business operations at the Premises for at least six (6) months, except in the case of renovation or casualty (in which event, Tenant may cease operations during such renovation or casualty) (“Go Dark”), Tenant shall give written notice of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided intention to Landlord not less than ninety (90) days prior to elect to Go Dark (“Go Dark Notice”); it being understood and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms agreed that Tenant shall remain liable for each and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that every obligation under this Lease with respect to the Permitted Encumbrances Premises from and after the date that Tenant elects to Go Dark until the Go Dark Termination Date, if any. At any covenantstime following Landlord’s receipt of the Go Dark Notice, restrictions or agreements hereafter created Landlord, in its sole and absolute discretion, may elect to terminate this Lease by or consented written notice to by TenantTenant given not less than ninety (90) days prior to the termination date set forth in such notice (“Go Dark Termination Date”). If Landlord so elects to terminate this Lease: (1) For the avoidance of doubt, on the Go Dark Termination Date, Tenant shallshall pay to Landlord all Rent which is due or which will be due and payable as of such Go Dark Termination Date (which, for the avoidance of doubt, shall not include any Rent payable with respect to the Premises after the Go Dark Termination Date), including all Special Assessments, Taxes, Utility Charges, or additional sums which Tenant is liable for or for which Tenant has agreed to indemnify Landlord (“Additional Charges”) which are either known or ascertainable at such time, or reasonably determined by Landlord based on the most current available records for Additional Charges, subject to final adjustment. When the foregoingactual amount of such Additional Charges has been finally determined, observeLandlord and Tenant shall promptly adjust such amount and refund or pay any difference to the other party, perform as the case may be. (2) Notwithstanding the foregoing provisions of this Subsection 4.B., Tenant shall not have the right to exercise its Go Dark right with respect to the Premises if the same would constitute a breach or default under any Encumbrances; provided, however, that for the purpose of this Subsection 4.B.(2). only, the Landlord Mortgage and comply all related documents shall not constitute an Encumbrance which would prevent the exercise of such Go Dark right. (3) After receipt of the Go Dark Notice, and subject to satisfaction of all conditions in this Subsection 4.B., then upon the Go Dark Termination Date, this Lease shall terminate as aforesaid, and Tenant shall be released from all further obligations and liabilities with respect to the Premises and carry out this Lease, which first arise or accrue after the provisions thereof required therein Go Dark Termination Date, subject to all obligations of Tenant which survive expiration or termination of the Lease. For avoidance of doubt, Tenant’s election to Go Dark shall not be deemed to be observed a default or an Event of Default by Tenant under this Lease. Until such time as Landlord delivers a notice setting a Go Dark Termination Date, Tenant shall have the right, in its sole discretion, to deliver a notice to Landlord rescinding its Go Dark Notice. C. Tenant will not enter into any agreements or consent to any transaction or instruments that will create an Encumbrance on the Premises (except for any sublease or mortgage on Tenant’s leasehold interest in the Premises, pursuant to any approvals required and performed by Landlordthe terms and conditions herein, or any other Permitted Encumbrance).

Use. Tenant may Subtenant shall use the Expansion Premises solely for general office and any computer data center purpose or for any other lawful purpose provided, however, the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value uses expressly permitted under Section 3.2 of the BuildingOriginal Sublease and, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained expressly approved by Master Landlord in connection with its purchase writing, for mechanical assembly of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to medical devices within a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlordportable controlled environment room. Subject to the terms of the immediately preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFYthe provisions of Section 3.4 of the Original Sublease shall be applicable to Subtenant’s sublease of the Expansion Premises. Subtenant hereby agrees and warrants that it has been given the opportunity to inspect the condition of the Expansion Premises and the suitability of same for Subtenant’s purposes, DEFEND AND HOLD HARMLESS LANDLORDand Subtenant does hereby waive and disclaim any objection to, LENDER AND ALL OTHER INDEMNIFIED PARTIEScause of action based upon, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCEor claim that its obligations hereunder should be reduced or limited because of the suitability of the same for Subtenant’s purposes. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to Notwithstanding the foregoing, observeSublandlord shall deliver the Expansion Premises to Subtenant vacant of all occupants and personal property, perform and comply clean and free of debris. Further, Sublandlord represents and warrants to Subtenant that, to Sublandlord’s actual knowledge as of the Effective Date, the Building’s systems, including HVAC, electrical, plumbing, fire alarm and roof (collectively, the “Building Systems”), are in good operating condition and repair. The phrase “to Sublandlord’s actual knowledge” shall mean the current actual knowledge of ▇▇▇▇ ▇▇▇▇, Director of Lease Administration and Projects, as of the Effective Date of this Sublease, without any investigation or duty of inquiry, and without any knowledge of any other person being imputed to ▇▇▇▇ ▇▇▇▇. Neither Sublandlord nor ▇▇▇▇ ▇▇▇▇ shall be charged with and carry out constructive, inquiry, imputed or deemed knowledge. In the provisions thereof required therein to event of any breach of any representation or warranty of Sublandlord set forth herein, Subtenant agrees that ▇▇▇▇ ▇▇▇▇ shall not be observed and performed personally liable for any damages, losses, liabilities, claims, costs or expenses suffered or incurred by LandlordSubtenant in connection with such breach of such representation or warranty.

Use. Tenant may use Subject to the Premises for general office terms and conditions of this Agreement including, but not limited to the applicable licensing restrictions set forth in Section 2(b) below and any computer data center purpose or for any other lawful purpose provided, however, the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount restrictions set forth in the value of MSP Agreement, and subject further to MSP’s full compliance herewith and according to the Buildingscope, (ii) cause a nuisance or (iii) involve time period and other terms indicated on the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials applicable Purchase Order Form delivered in connection with this Agreement, Continuum hereby grants MSP and MSP hereby accepts from Continuum, a limited, non-exclusive and non-transferable right and license during the operation Term to install Continuum Recover on computer hardware that is owned or operated by or on behalf of an End-Clients, to access and maintenance use the Licensed Material, and to sublicense the foregoing rights to End-Clients, each in accordance with the applicable restrictions and conditions contained in this Agreement and to copy the Licensed Material as permitted by this Agreement. MSP right to exercise the foregoing rights in and to the Licensed Material shall be for the sole purpose of MSP’s provision of data back-up and protection services to its End-Client customers. MSP will ensure that all its End-Client customers have agreed to abide by the terms of this Agreement, including the confidentiality provisions contained herein and MSP is liable for any breach of this Agreement by such End-Clients. Upon expiration of the Premises Term or termination of this Agreement or the applicable Purchase Order Form pursuant to which MSP subscribes to Continuum Recover, any and all rights and licenses granted under this Agreement by Continuum shall automatically terminate. 2.1.1 Commencing on the date on which MSP receives the log-in information to the License Key (as defined herein) for Continuum Recover and continuing for forty-four (44) days thereafter (the “Recover Evaluation Period”), a data center limited version of Continuum Recover shall be provided to MSP at no charge solely for MSP to use for evaluation purposes. MSP acknowledges and in compliance with Environmental Law). In no event shall understands that the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacementRecover Evaluation Period is not determined by, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, howevercalculated based on, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder date on which any Software Agents are installed on to comply with applicable lawsany Supported Device. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 The Recover Evaluation Period shall not apply to be extended without the extent the title insurance policy obtained by Landlord in connection with its purchase express written consent of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordContinuum.

Use. Section 4.01 Tenant may shall use the Premises for general office Demised Properties for, and shall not suffer or permit any computer data center purpose or Person (including any subtenant) to use any of the Demised Properties other than for any Permitted Uses, and the Demised Properties shall be used for no other lawful purpose providedwithout the prior written consent of Landlord, howeverwhich approval may be granted or withheld in the reasonable discretion of Landlord. Section 4.02 Notwithstanding any other provision of this Article, the Tenant shall not use use, or suffer or permit any Person (including any subtenant) to use, the Premises Demised Properties or any portion thereof for any purpose in violation of any applicable Law, or in violation of any registered covenants or restrictions. From the Commencement Date and thereafter throughout the Lease Term, Tenant shall conduct its business in a commercially reasonable and reputable manner which would (i) result in a diminution of more than a de minimis amount in the value with respect to each of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center Demised Properties and in compliance with Environmental Law)the terms and provisions of this Lease. In no event Tenant covenants not Abandon any Demised Property, except in accordance with the terms hereof. Tenant shall the Premises be used for permitted to Abandon any purpose which shall violate any Demised Property (i) if such Demised Property is being Abandoned as a result of the provisions of any Permitted Encumbrance merger or of any amendment, extension, replacement, or restatement consolidation of any such Permitted Encumbrance permitted herebyDemised Property with another property owned, leased or utilized by Tenant or any Affiliate thereof, or (ii) for any covenantsreason other than the reason set forth in clause (i), restrictions or agreements hereafter created in either case, so long as the total number of such Abandoned Demised Properties, together with all other Replaced Properties, shall not exceed the Replacement Cap (as hereinafter defined); and provided that, in either case, (a) Tenant provides Landlord with thirty (30) days prior written notice of its intent to Abandon any Demised Property and (b) Tenant shall replace any such Abandoned Demised Property with a Replacement Property, in accordance with Article 31, no later than the earlier of (y) twelve (12) months after any such Demised Property is first Abandoned and (z) the date on which the existing use of such Demised Property (as of the date hereof) would no longer be permitted by or consented to by Tenant applicable Law (including pursuant to the Premisesterms of any special use permit) by virtue of the discontinuance of such use at such Demised Property. Notwithstanding anything to the contrary herein containedcontained herein, in Tenant shall be permitted to cease operations at no event shall Tenant’s use more than twenty five percent (25%) of the Premises total number of Demised Properties for general office no more than thirty six (36) consecutive months for each such Demised Property and such temporary cessation shall not be deemed and Abandonment of any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4such Demised Property; provided, however(x) Tenant notifies Landlord of such temporary cessation, (y) Tenant, during such period, continues to maintain any such Demised Property and all Building Equipment located thereon in good working order and condition, as if such Building Equipment and Demised Property were regularly utilized and (z) such cessation would not result in the foregoing existing use of such Demised Property (as of the date hereof) no longer being permitted by Law (including pursuant to the terms of any special use permit). The character of the occupancy of the Demised Properties is an additional consideration and a material inducement for the granting of this Lease by Landlord to Tenant. Section 4.03 Notwithstanding anything to the contrary contained herein, Tenant shall be permitted to move any of the Original Movable Building Equipment, or any other movable Building Equipment located on any of the Demised Properties from and after the date hereof, off of the applicable Demised Property where it currently or, in no way the future, resides to any other facility owned, leased or utilized by Tenant or an Affiliate thereof (each such move shall be construed referred to herein as limiting or otherwise modifying an “Equipment Relocation”); provided, (i) such Equipment Relocation is done in the ordinary course of Tenant’s obligations hereunder to comply with applicable laws. Without limiting business, and (ii) Tenant shall ensure that substantially the generality same number and general type of Original Movable Building Equipment is located at each Demised Property at the expiration (or sooner termination) of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to Lease Term and is operational in substantially the extent same manner and at substantially the title insurance policy obtained by Landlord in connection with its purchase same capacity as was present on each Demised Property as of the Premises date hereof, as evidenced by the list of Original Movable Building Equipment set forth on Schedule 2 (the result being that the Building Equipment located on the Demised Properties at the expiration (or sooner termination) of the Lease Term shall reflect substantially the same number and general type of Building Equipment as would otherwise be present thereon if the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against Original Movable Building Equipment had never been subject to an Equipment Relocation. Section 4.04 Promptly following the applicable loss arising due Commencement Date, Tenant covenants to take such reasonable actions and efforts to cure the violations noted in Schedule 4.04 attached hereto and made a violation part hereof, and to diligently and in good faith proceed with and continue the curing of such Permitted Encumbrance or if violations until fully cured. Upon such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions cure, Tenant shall provide evidence reasonably satisfactory to Landlord. Subject Landlord that such violations have been cured. Section 4.05 Promptly following the Commencement Date, Tenant covenants to proceed in good faith and diligently take such reasonable actions and efforts to: (i) enable the applicable Governmental Authority to close the building permits and the Electrical Safety Authority notices set out in Part A of Schedule 4.05 attached hereto; (ii) comply with the requirements of the City of Ottawa’s Emergency and Protective Service Department (Parking Enforcement Unit) (the “EPS Department”) relating to the preceding sentenceregistration of a fire lane in accordance with the agreement described in Part B of Schedule 4.05 attached hereto; and (iii) comply with the requirements of the Ministère du Développement Durable, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect de l’Environnement et de la Lutte contre les Changements Climatiques du Québec (the “MDDEL”) relating to the Permitted Encumbrances and any covenantsconstruction of a 10-metre shoreline protection strip around a watercourse in accordance with the non-conformity notice (avis de non-conformité) described in Part C of Schedule 4.05 attached hereto. Upon the closure of each permit or notice described in Part A of Schedule 4.05 attached hereto, restrictions the satisfaction of the EPS Department’s fire lane requirements in accordance with the agreement described in Part B of Schedule 4.05 attached hereto or agreements hereafter created by or consented to by Tenantthe satisfaction of the MDDEL’s 10-metre shoreline protection strip requirements in accordance with the non-conformity notice (avis de non-conformité) described in Part C of Schedule 4.05 attached hereto, Tenant shallshall provide evidence reasonably satisfactory to Landlord that such permit or notice has been closed or that compliance with the EPS Department’s fire lane requirements or MDDEL’s 10-metre shoreline protection strip requirements has been achieved, subject to as applicable. Section 4.06 Without limitation, no provision of this Article 4 shall limit any of the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordcovenants of Tenant contained in Article 22.

Use. Tenant may (a) Lessee shall have the right to use the Premises for general office any and any computer data center purpose or for any other lawful purpose providedall purposes related to, however, the Tenant shall not use the Premises in a manner which would (i) result in a diminution furtherance of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials and in connection with the Project. Lessee acknowledges that the Existing Interest Holders have entered into this Agreement in reliance upon Lessee’s covenant to own, develop, construct, operate and maintain the Premises and the Project for low and moderate income rental housing, as described in Section 15 of the Town Ground Lease, for the purpose of providing affordable housing restricted exclusively to seniors age sixty-two (62) years and older with prospective tenants under the age of 62 being prohibited from occupancy (“Affordability and Occupancy Restrictions”). The use of the premises for such purposes is a material obligation of the tenancy and the Affordability and Occupancy Restrictions shall be set forth in all applicable Regulatory Agreements. (b) The Lessee expressly agrees that any change in the Affordability and Occupancy Restrictions without the express written consent of the County shall be a default hereunder. The County shall have all rights available at law and in equity, including, without limitation, the right to specifically enforce the Affordability and Occupancy Restrictions and/or seek injunctive relief; provided however, if a violation of the Affordability and Occupancy Restrictions results solely from the occupancy of any dwelling unit by a family which includes a person less than sixty-two (62) years or age or by a person less than sixty-two (62) years of age, then the remedies set forth above shall not be available to the Existing Interest Holders, it being agreed that the Lessee shall immediately prosecute eviction proceedings against the occupants of that dwelling unit, the Existing Interest Holders sole remedy being to demand prompt and vigorous legal action regarding the eviction. Failure by Lessee to promptly and vigorously pursue eviction shall be a material default hereunder and the County shall have all rights available to it at law and in equity. A determination by a Court of competent jurisdiction that eviction on the grounds of age alone is not an acceptable Lessee action (notwithstanding the status of the Project as being limited to tenants age sixty-two (62) and older) shall be promptly appealed by the Lessee, if so requested by the County, at the Lessee’s cost. A final determination by a court of competent jurisdiction which is either non-appealable or reasonably determined by the Existing Interest Holders not to warrant further appeal, shall not be an actionable default hereunder (regardless of that Court’s holding), provided the Lessee promptly complies with the Court’s determination. (c) Notwithstanding the foregoing, this paragraph shall not be construed as limiting Lessee’s rights to provide additional services or facilities to residents of the Project provided that such services are consistent with the development, construction, operation and maintenance of the Premises Project. Lessee shall utilize the existing administration and residential buildings subject to remodeling and renovation as a data center described below, and except as otherwise set forth in compliance with Environmental Law). In no event shall the Premises be used plans and specifications for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendmentProject, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply demolish the existing administrative or residential buildings pursuant to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordthis Agreement.

Use. (a) Tenant may use the Premises for general office the Permitted Use and any computer data center purpose or for any other lawful purpose providedancillary uses associated therewith, howeverin all cases subject to and in compliance with all Laws and Permitted Encumbrances. Tenant shall use the Premises only as provided by and in accordance with all Permitted Encumbrances, the subject to Landlord’s reservation of rights herein. Tenant shall not use or occupy the Premises, or any part thereof, nor permit or allow the Premises or any part thereof to be used or occupied, for (x) any purpose or in a any manner which would (i) result is in violation of any Law or a diminution of more than a de minimis amount in the value violation of the Building, (ii) cause a nuisance provisions set forth in Section 28 or any other provision of this Lease or (iiiy) involve in any manner which violates any certificates of occupancy for the production Premises or the storage of Hazardous Materials (other than the storage of Hazardous Materials makes void or voidable any insurance then in connection force with the operation and maintenance respect thereto as is required pursuant to Section 16 hereof. Tenant’s occupancy of the Premises as a data center and will be in compliance with Environmental Law)all Laws and insurance requirements, and as otherwise provided in this Lease. In no event Tenant shall neither suffer nor permit the Premises or any portion thereof to be used, or otherwise act or fail to act, in such a manner as (I) might impair Landlord’s title thereto or to any portion thereof, (II) may make possible a claim of adverse use or possession or an implied dedication of the Premises or any portion of the Premises, or (III) may subject the Premises or this Lease to any Encumbrances, other than Permitted Encumbrances. Notwithstanding anything herein to the contrary, Tenant shall not (1) permit any unlawful practice to be carried on or committed in the Premises; (2) make any use of or allow the Premises to be used for any purpose which shall violate that might invalidate or increase the rate of insurance thereof; (3) deface or injure the Premises; (4) overload the floors, walls or ceilings of the Premises; (5) commit or suffer any material waste in or about the Premises; (6) use the Premises in any manner that may diminish the value of the Premises in any material respect; or (7) use the Premises for any of the following purposes without the Landlord’s prior consent (in its sole and absolute discretion): (i) bar, nightclub, adult bookstore or video shop or other adult entertainment establishment; (ii) incineration or reduction of garbage or any garbage dumps on the Premises; (iii) mortuary; (iv) fire sale, bankruptcy sale or auction house operation; (v) laundry or dry cleaning plant or laundromat; (vi) gas station; (vii) automobile, truck, trailer or RV repairs on-site; (viii) “flea market”, secondhand, surplus or other “off-price” or deep discount store; (ix) massage parlor; (x) carnival; or (xi) gambling or off-track betting operation. ​ (b) Until the seventh (7th) anniversary of the Commencement Date, subject to Section 4(e), except during periods when the Premises may be untenantable by reason of fire or other casualty, condemnation or other reasons of Force Majeure (provided, however, during all such periods while the Premises are untenantable, Tenant shall comply with the terms and conditions of Section 19 and Section 20 of this Lease), Tenant shall continuously occupy the Premises and operate its business on the Premises in the ordinary course. Notwithstanding any provision hereof to the contrary, the provisions of this Section 4(b) shall cease to apply, and Tenant shall have no further obligation to comply with the provisions of this Section 4(b), if (x) the Landlord under this Lease ceases to be an BOREC Landlord, and (y) at any Permitted Encumbrance given time, the annual Base Rent under this Lease and the Other Leases ceases to be equal to or greater than an amount equal to thirty percent (30%) of any amendmentthe aggregate annual Base Rent payable under this Lease and the Other Lease(s). Notwithstanding the foregoing, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by it is understood and agreed that Tenant applicable shall remain liable for each and every obligation under this Lease with respect to the Premises, including any and all obligations to pay the Rent due hereunder, regardless of whether Tenant shall occupy the Premises pursuant to this Section 4(b). (c) Tenant will not enter into any agreements or consent to any transaction or instruments that will create an Encumbrance on the Premises without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall be responsible for complying with the terms and conditions of, and paying the costs and expenses under, all Encumbrances on the Premises (other than Landlord’s obligations to pay debt service to any Landlord Mortgagee under any Landlord Mortgage). Tenant shall not, without ▇▇▇▇▇▇▇▇’s prior written consent (in Landlord’s sole discretion), apply for or otherwise seek or obtain any zoning changes or variances with respect to the Property. (d) Tenant shall have the right to access and use the Premises twenty-four (24) hours per day, seven (7) days per week. (e) Notwithstanding anything to the contrary herein containedcontained herein, in no event it shall Tenant’s use of not be a breach hereof if Tenant fails to occupy the Premises for general office in accordance with Section 4(b) so long as (i) the Occupancy Compliance Percentage is not less eighty percent (80%); and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”ii) constitute a violation of this Section 4; providedTenant continues to pay all Rent due hereunder, howeverwithout setoff or abatement, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder and continues to comply with applicable laws. Without limiting the generality rest of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordLease.

Use. Tenant may use the Premises for general office and any computer data center purpose or for any other lawful purpose provided, however, the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein containedcontained in this Lease, during the term of this Lease and any extensions or renewals. Lessee shall not use or permit any portion of the Premises to be used for (i) the operation of a title company or title agency or for providing services typically offered by escrow agents in connection with real estate transactions, or (ii) the discount or retail sale and/or brokerage of securities and/or commodities, or (iii) the operation of a bank or the provision of trust services (collectively, the "Restricted Uses"). Lessee acknowledges that Lessor may, in no event addition to the Restricted Uses, hereafter grant other exclusive or prohibited uses to or for the benefit of other tenants or occupants of the Office Complex, and Lessee agrees that neither it nor any successor, assign, concessionaire, subtenant or assignee shall Tenant’s use the Premises, or any part thereof, in any way that would violate any such exclusive or prohibited use of which Lessee has received written notice, so long as such exclusive or prohibited use does not prohibit the use of the Premises for general any permitted office and purpose for which Lessee is the using the Premises. Upon receipt by Lessee of written notice of any computer data center purpose in violation such exclusive or prohibited use hereafter granted to or for the benefit of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting another tenant or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality occupant of the foregoingOffice Complex, Tenant’s indemnity obligations under this Section 4 such excludible or prohibited use shall automatically be deemed to be an additional Restricted Use, so long as such exclusive or prohibited use does not apply to prohibit the extent the title insurance policy obtained by Landlord in connection with its purchase use of the Premises for any permitted office purpose for which Lessee is then using the Premises. Lessee agrees that it will not withhold or delay its written acknowledgment of the addition of any such additional exclusive or prohibited use to the first sentence of this Article as an additional Restricted Use if such acknowledgment is requested in writing by Lessor (which acknowledgment may be in the form of an amendment to this Lease or in any other reasonable form), and in the simultaneously issued Lender’s policy event Lessee fails to furnish such written acknowledgment within fifteen (15) days after Lessee's receipt of title insurance) contains affirmative insurance against Lessor's written request therefor, Lessee shall be deemed to have given such written acknowledgment as of the applicable loss arising due to a violation expiration of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord 15-day period and Lender at Tenant’s cost shall be in default hereunder. Lessee shall comply with respect to such Permitted Encumbrance on the terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentenceof any encumbrances, TENANT SHALL BE OBLIGATED TO INDEMNIFYcovenants, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenantsconditions, restrictions or agreements other matters now of record or hereafter created by or consented to by Tenant, Tenant shall, subject to recorded against the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordOffice Complex. 39 ARTICLE XXV. [Intentionally Omitted.]

Use. Tenant may use the 15.1 The Demised Premises shall continuously be used for general office agricultural research and any computer data center purpose or for any no other lawful purpose provided, however, the purpose. Tenant shall do business from the Demised Premises under the trade name of Oleramma. The Demised Premises shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any illegal purpose which nor in any manner to create any nuisance or trespass not in any manner to violate the insurance or increase the rate of insurance on the Demised Premises or the Demised Premises and shall violate any be subject to rights of other tenant's leases. 15.2 Tenant shall operate one hundred (100%) percent of the provisions Demised Premises during the entire term of any Permitted Encumbrance this Lease with due diligence and efficacy unless prevented from doing so by caused beyond Tenants control. 15.3 Tenant will not use or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to occupy the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Demised Premises for general office and any computer data center purpose in violation of the certificate of occupancy issued for the building of which the Demised Premises form a Permitted Encumbrance (part, and in the event that any governmental authority having jurisdiction thereof shall hereafter consent and/or declare by notice any violation or in any manner whomsoever that the Demised Premises are being used for a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to purpose which is a violation of such Permitted Encumbrance or if certificate of occupancy, Tenant shall upon five,(5) days written notice from Landlord, immediately discontinue such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to use of the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Demised Premises. 15.4 Tenant agrees that Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair methods of business operation, advertising or interior display, if, in the Landlord's opinion, the continued use thereof would impair the reputation of the Demised Premises as a desirable place or is otherwise out of harmony with respect to the Permitted Encumbrances general character thereof, and any covenants, restrictions or agreements hereafter created by or consented to by Tenantupon notice from Landlord, Tenant shall, subject shall refrain from or discontinue such activities. 15.5 Tenant shall not perform any acts or carry on any practices which may injure the Demised Premises or the Demised Premises or constitute waste thereof or be a nuisance or menace to other neighbors in the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordsurrounding area.

Use. Tenant may Provided that Member is current in the payment of the Membership Fees, Member and the Additional Members indicated above shall have the non-exclusive right to use the Premises for general office pool and any computer data center purpose or for any other lawful purpose providedJacuzzi (hereinafter collectively the “Pool Facilities”) at Wyndham St. ▇▇▇▇▇▇, howeverInc. at Elysian Beach Resort (the “Resort”), the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center subject to and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any Rules and Regulations of the provisions Pool Facilities, as attached hereto as Exhibit “A”, and as the same may be amended from time to time. It is further understood and agreed that lessees of the Membership Unit shall be entitled to use the Pool Facilities during the period in which they occupy the Membership Unit, provided they comply with all Rules and Regulations of the Pool Facilities and the terms of this Membership Agreement. Member agrees that, contemporaneously with the execution of this Membership Agreement, Member has received a copy of the current Rules and Regulations for the Pool Facilities, and by Member’s signature below, Member, for and on behalf of Member and the Additional Members, hereby agrees to abide by all such Rules and Regulations, as they may be amended from time to time, and to cause any guest, invitee or lessee of Member or the Additional Members to comply with all of the same. Member understands and agrees that the violation of any Permitted Encumbrance Rule or of any amendmentRegulation for the Pool Facilities by Member, extension, replacement, or restatement of any such Permitted Encumbrance permitted herebythe Additional Members, or any covenantsof Member or the Additional Members’ guests, restrictions invitees or agreements hereafter created by lessees may result in the immediate suspension or consented termination of this Membership Agreement, including without limitation all of the rights of Member and the Additional Members hereunder, without any refund or rebate of the Membership Fees. Member understands and agrees that nothing contained in this Membership Agreement is intended to by Tenant applicable give Member or the Additional Members any equity, ownership, or other right or interest in or to the PremisesPool Facilities. Furthermore, nothing contained in this Membership Agreement shall entitle Member, or the Additional Members, or any of their respective guests, invitees or lessees access to or use of any other facilities located at Resort. Notwithstanding anything to the contrary provided in this Membership Agreement, nothing contained herein containedis intended to grant any guest, invitee or other person the right to use the Pool Facilities hereunder, and Operator reserves the right, in no event shall Tenant’s use of the Premises for general office its sole and absolute discretion, to deny entry to any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; providedguest, however, the foregoing shall in no way be construed as limiting invitee or other person not otherwise modifying Tenant’s obligations hereunder entitled to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of utilize such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordPool Facilities hereunder.

Use. Section 4.01. Tenant may shall use and occupy the Demised Premises for general office the Authorized Use (as defined in Section 1.01), and for no other purpose. Section 4.02. Without in any computer data center purpose way limiting the restrictions on use contained in Section 4.01, Tenant specifically agrees that Tenant shall not permit any part of the Demised Premises to be used for banking or lending purposes of any kind; or for a safe deposit business or the sale of travelers checks and/or foreign exchange; or as a kitchen, restaurant or cafeteria; or for manufacturing, storage, shipping or receiving (other than that required for the conduct of Tenant's business and subject, however, to the rules and regulations as set forth in Article 26 hereof); or for retail securities brokerage purposes; or for any other lawful purpose provided, however, the Tenant shall not use the Premises in a manner which that would (i) result in a diminution of more than a de minimis amount in the value violate restrictive covenants with any tenant of the Building, provided Tenant had notice of such restrictive covenants; or for any retail sales or as a store; or for the sale of any food or beverage; or as a news and cigar stand (or anything similar thereto); or for any sale of merchandise with delivery at or from the Demised Premises; or for the production of samples or workroom; or for any purpose other than the Authorized Use. In addition, the Demised Premises may not be used by (i) an agency, department or bureau of the United States Government, any state or municipality within the United States, or any foreign government, or any political subdivision of any of them, (ii) cause a nuisance any charitable, religious, union or other not-for- profit organization, or (iii) involve any tax exempt entity within the production or the storage meaning of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance Section 168(h)(2) of the Premises Internal Revenue Code of 1986, as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted herebyamended, or any covenantssuccessor or substitute statute, restrictions or agreements hereafter created by rule or consented to by Tenant regulation applicable to the Premisesthereto (as same may be amended). Notwithstanding anything to the contrary herein containedcontained in this Section 4.02, in no event shall subject to Tenant’s 's compliance with the certificate of occupancy for the Demised Premises and with all of the other provisions of this Lease, and as an incident to Tenant's use of the Demised Premises for general office the Authorized Use, Tenant shall be permitted to install and any computer data center purpose operate a pantry or kitchenette in violation the Demised Premises. Section 4.03. Tenant expressly acknowledges that irreparable injury will result to Landlord in the event of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation breach of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality any of the foregoingcovenants made by Tenant in this Article 4, and it is agreed that, in the event of such breach, Landlord shall be entitled, in addition to any other remedies available, to seek an injunction to restrain the violation thereof. Breach of any of Tenant’s indemnity obligations 's covenants under this Section 4 Article shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase also constitute an Event of the Premises (Default pursuant and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordof Article 15 hereof.

Use. Tenant may shall use and occupy the Demised Premises for general office offices and any computer data center purpose or for any other lawful purpose providedwarehouse (including receiving and shipping) space, howeverelectronic equipment laboratory, testing and assembly and related functions as more fully set forth in Article 2, below. 1.01 Landlord hereby leases to Tenant, and Tenant hereby hires from Landlord, the Tenant shall not use the Demised Premises in a manner which would the Building Address as set forth in Article 1.00 (i) result in a diminution of more than a de minimis amount in the value of the Buildingf), above, (ii) cause a nuisance or hereinafter referred to as the “Building”), on the parcel of land more particularly described in Exhibit A (iii) involve hereinafter referred to as the production or “Land”), for the storage of Hazardous Materials (other than term hereinafter stated, for the storage of Hazardous Materials in connection with the operation rents hereinafter reserved and maintenance of the Premises as a data center upon and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoingconditions (including limitations, observe, restrictions and reservations) and covenants hereinafter provided. Each party hereby expressly covenants and agrees to observe and perform all of the conditions and comply with and carry out the provisions thereof required therein covenants herein contained on its part to be observed and performed performed. 1.02 The Demised Premises hereby leased to Tenant are as set forth in Article 1.00 (g), above. The Demised Premises together with all fixtures and equipment which at the commencement, or during the term, of this Lease are thereto attached (except items not deemed to be included therein and removable by Tenant as provided in Article 14) constitute and are herein referred to as the “Demised Premises.” 1.03 The term of this Lease, for which the Demised Premises are hereby leased, shall commence on a date (herein referred to as the “Commencement Date”) which is defined in Article 1.00 (k) (i), above, and the specific date which is deemed to be the Commencement Date shall be set forth in the Commencement Letter as defined below in this paragraph. The term of this Lease, for which the Demised Premises are hereby leased, shall end on a date which is defined in Article 1.00 (l), above, which is hereinafter referred to as the “Expiration Date,” or shall end on such earlier date upon which said term may expire or be cancelled or terminated pursuant to any of the conditions or covenants of this Lease or pursuant to law. Tenant shall take possession of and occupy the entire Demised Premises no later than sixty (60) days following the Commencement Date. Following the Commencement Date, Landlord shall deliver to Tenant a “Commencement Letter” confirming the Commencement Date, the Rent Commencement Date (which is defined in Section 1.00 (k) (ii), above) and the Expiration Date. If the Tenant does not agree with the Dates set forth in the Commencement Letter, Tenant shall notify Landlord within ten (10) days of its receipt of the Commencement Letter. If within fifteen (15) days after Landlord’s receipt of Tenant’s notice, Landlord and Tenant cannot agree on the Commencement Date and/or the Expiration Date, then the Commencement Date and the Expiration Date shall be determined by arbitration in the manner provided in Article 34. The form of Commencement Letter is attached hereto as Exhibit E. Tenant’s obligation for commencement of the payment of rent and additional rent under this Lease is in no way contingent upon Tenant’s receipt of the Commencement Letter. 1.04 Tenant hereby covenants and agrees to pay the “rents” reserved under this Lease, for the term thereof, as follows: (a) “fixed rent” as set forth in Article 1.00 (n) (i), above, this Lease all of which shall be payable in equal monthly installments in advance on the first day of each and every calendar month during the term of this Lease (except that Tenant shall pay, upon the execution and delivery of this Lease by Tenant, the sum set forth in Article 1.00 (n), above, to be applied against the first rents becoming due under this Lease), and (b) “additional rent” consisting of all such other sums of money as shall become due from and payable by Tenant to Landlord hereunder (for default in payment of which Landlord shall have the same remedies as for a default in payment of fixed rent), all to be paid to Landlord at its office, or such other place, or to such agent and at such place, as Landlord may designate by notice to Tenant, in lawful money of the United States of America.

Use. Tenant may shall use and occupy the Premises demised premises for general a showroom and office for the sale, at wholesale only, and display of children's wear1ng apparel and also for preteens, junior, young Then, young women and other wearing apparel and related merchandise and/or as an office and any computer data center purpose or for any no other lawful purpose provided, however, the purpose. Tenant shall not use suffer or permit the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance demised premises or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises any part thereof to be used by others for any purpose which shall violate whatsoever, without the prior written consent of Landlord in each instance. * $39,408.75 for the period April 1, 1999 - April 30, 2001, $42,911.75 for the period May 1, 2001 - April 30, 2003, and $46,414.74 for the period May 1, 2003 - April 30, 2006 REQUIREMENTS OF LAW FIFTH:- [See Insert (3a)] CERTIFICATE OF OCCUPANCY SIXTH:- Tenant will not at any of time use or occupy the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose demised premises in violation of the certificate of occupancy or certificate of compliance issued for the building of which the demised premises form a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; providedpart, however, and in the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality event that any department of the foregoingCity or State of New York shall hereafter at any time contend and/or declare by notice, Tenant’s indemnity obligations under this Section 4 shall not apply to violation, order or in any other manner whatsoever that the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to premises hereby demised are used for a purpose which is a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlordcertificate of occupancy. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject upon five (5) days written notice from Landlord, immediately discontinue said use of such premises. Failure by Tenant to discontinue such use after such notice shall be considered a default in the fulfillment of a covenant of this lease, and Landlord shall have the right to terminate this lease immediately, and in addition thereto shall have the right to exercise any and all rights and privileges and remedies given to Landlord by and pursuant to the foregoingprovisions of Paragraph 40 hereof. The statement in this lease of the nature of the business to be conducted by Tenant in demised premises shall not be deemed or construed to constitute a representation or guaranty by Landlord that such business may continue to be conducted in the premises for the entire period of the lease or is lawful or permissible under the certificate of occupancy in effect for the building of which the demised premises form a part, observeor otherwise permitted by law. If alterations or additions, perform and including but not limited to a sprinkler system, are needed to permit lawful conduct of Tenant's business or to comply with the certificate of occupancy, the same shall be made by and carry out at the provisions thereof required therein to be observed and performed by Landlordsole expense of Tenant.

Use. Tenant may use Subject to the Premises for general office terms, provisions, covenants, agreements and any computer data center purpose or for any other lawful purpose provided, howeverconditions herein, the Tenant shall not use the Leased Premises in a manner which would are to be used by Lessee solely for (i) result in a diminution of more than a de minimis amount operations as currently conducted in the value Leased Premises as part of the Building, Acquired Business (together with such changes thereto as may be comparable in general nature and character); (ii) cause a nuisance similar manufacturing operations as currently conducted elsewhere by the Acquired Business, or any comparable business of Raytheon or its subsidiaries as of the Commencement Date (together with such changes thereto as may be comparable in general nature and character), including electronics assembly and light manufacturing, warehousing, research and development, and related activities, provided any such activities do not violate applicable zoning requirements; or (iii) involve any office use or warehouse use, provided such uses comply with applicable zoning requirements. Notwithstanding the production foregoing, Lessee shall not use, store, process or package in the Leased Premises (a) any chemical in quantities sufficient to trigger either the Occupational Safety and Health Act's ("OSHA") Process Safety Management (PSM) rules, 29 C.F.R. Section 1910.119, or the storage United States Environmental Protection Agency's ("EPA") Clean Air Act Accidental Release Prevention rules, 40 C.F.R. Pt. 68 Subpt. G, or (b) without the prior approval of Hazardous Materials Lessor, which approval shall not be unreasonably withheld, any hazardous or toxic chemical or radioactive material not currently used, stored or processed at the Leased Premises. Other proposed uses shall be allowed with Lessor's prior consent, which consent shall not be unreasonably withheld. Lessee agrees to use the Leased Premises only for the intended uses specified herein, and without unreasonable interference with TI's operations or those of any other lessee or other occupant of the TI Expressway Site. Lessee further agrees that Lessee and its employees, agents, contractors, and visitors (while at the TI Expressway Site) will adhere to, and the use of the Leased Premises and other areas of the TI Expressway Site to which access is granted hereunder will be consistent with, the following specific rules: (1) No firearms or explosives (other than potentially reactive or flammable materials used in manufacturing processes allowed by and otherwise used, stored and handled in conformance with this Lease Agreement) will be permitted on the storage of Hazardous Materials in connection with TI Expressway Site; (2) No intoxicants or illegal drugs will be permitted on the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendmentTI Expressway Site; (3) Lessee shall, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation upon becoming aware of such Permitted Encumbrance person, remove from the TI Expressway Site any employee, agent, contractor or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance other visitor of Lessee under the influence of intoxicants or illegal drugs while on terms and conditions reasonably satisfactory to Landlordthe TI Expressway Site; (4) Smoking will be prohibited inside all buildings located on the TI Expressway Site. Subject to other safety-related restrictions that may be imposed by TI from time to time, smoking will be allowed outdoors on the preceding sentenceTI Expressway Site except within approximately 100 feet of an outside door; (5) No conduct which is unreasonable or indecent will be permitted on the TI Expressway Site; and (6) Except for any use within the Leased Premises, TENANT SHALL BE OBLIGATED TO INDEMNIFYno cameras or video recorders (other than security cameras or cameras for construction, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCEhealth and safety documentation) will be used on the TI Expressway Site except in accordance with any applicable TI security requirements. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject In addition to the foregoing, observeTI may from time to time adopt other rules or regulations generally applying to occupants, perform including tenants, of the TI Expressway Site for the management, safety, care and cleanliness of, and preservation of good order and protection of property in the Leased Premises and the TI Expressway Site. Any such rules and regulations or changes and amendments thereto sent by Lessor to Lessee and conforming to the foregoing standards shall be carried out and observed by Lessee. Subject to any more specific articulation of compliance responsibilities with respect to environmental matters as set forth herein, Lessee further agrees to comply with all applicable City, County, State and carry out Federal laws and regulations, including, without limitation, building codes, electrical codes and fire codes which now are or hereafter become applicable to the provisions thereof Leased Premises and, to the extent made necessary in connection with Lessee's use of the Leased Premises, to any other portion of the TI Expressway Site. Nothing contained in this Lease, however, shall be construed to prevent Lessee from adopting or otherwise implementing standards or policies with respect to Lessee's occupancy, use or operations on the Leased Premises that are more stringent than required therein to be observed by applicable laws and performed by Landlordregulations.

Use. The following amendments relate to use: 3.1 The first sentence of Section 10.1 is hereby deleted and the following substituted: "Tenant may use and occupy the Premises for general office and any computer data center purpose or for any other lawful purpose customarily permitted in comparable first class office buildings in the Boston Central Business District from time to time." 3.2 Section 10.3 is hereby amended by adding the following sentence after the first sentence thereof: "Anything herein to the contrary notwithstanding, but subject to the following sentence and Section 10.4 hereof, any cafeteria, day care center, health club or dining facilities in the Building may be used for the benefit of Tenant, its Affiliates, subtenants and all other occupants, if any, of the Building and the employees and invitees of any or all of them and, in Tenant's sole determination, by third parties." 3.3 Section 10.5 is hereby deleted. 3.4 Section 10.7 is hereby suspended and the following provision is substituted in lieu thereof for so long as the Premises includes all of the Office Space in the Building, but not otherwise: "Subject to rights of others to use or have access to the main lobby of the Building (the "Main Lobby") if and to the extent provided by the Lease, agreements of record with abutters or any agreements entered into in connection with the granting of governmental approval for the construction and use of the Building, Tenant shall have exclusive control of the Main Lobby at no additional cost or charge, provided, however, the that Tenant shall not use indemnify, defend and hold Landlord harmless from and against any loss, cost, liability or expense arising in connection with any third party tort claim arising from any occurrence within the Premises in Main Lobby at a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Buildingtime when Tenant had exclusive control thereover, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials unless such claim arose in connection with the operation and maintenance negligence or willful misconduct of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate Landlord or any of the provisions of any Permitted Encumbrance its employees, guests or of any amendment, extension, replacementinvitees, or restatement of in connection with any such Permitted Encumbrance permitted hereby, event in the Main Lobby held or any covenants, restrictions or agreements hereafter created sponsored by or consented to by Tenant applicable Landlord pursuant to the Premiseslast sentence of this subsection. Notwithstanding anything to Tenant may also use and permit the contrary herein contained, in no event shall Tenant’s use of the Premises Main Lobby for general office special functions by Tenant, its Affiliates, subtenants and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; providedother occupants, howeverif any, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoingBuilding and, in its sole determination, by third parties. Landlord may similarly host or sponsor up to ten (10) special functions in the Main Lobby in any calendar year, provided the same do not conflict with the use of the Main Lobby or Building by Tenant or any subtenant or other occupant of the Building (as determined in Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by 's reasonable judgment), and further provided that Landlord assume all costs for cleaning, security and similar services of any kind that may be reasonably required in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordevent."

Use. Tenant may shall have the right to use and occupy the Premises for general office and any computer data center retail purpose or for any other lawful use or purpose permitted by the applicable zoning authority and otherwise by law and, as applicable, any REAs (as defined in Section 9.04) or Overleases. Tenant shall have the right to cease operations for business (“go dark”) in up to ten percent (10%) of the aggregate of the (a) rentable square footage of the Premises covered by this Lease at the time of determination, and (b) rentable square footage of the leased premises under the Other Lease at the time of determination. Notwithstanding the foregoing, (i) as to any particular Property Location, if less than fifty percent (50%) of the rentable square footage of such Property Location is not operating for business, no portion of such Property Location shall be considered “dark”, (ii) no portion of a Property Location shall be considered “dark” unless such Property Location is “dark” for more than twelve (12) consecutive months, (iii) no portion of a Property Location shall be considered dark if Tenant ceases business operations in such Property Location in connection with a casualty, condemnation or Capital Improvement (as hereinafter defined in Article 11) or Force Majeure (as hereinafter defined in Section 31.10), and (iv) Tenant shall have the right to go dark in [ShopKo – 1 distribution center; Pamida – the corporate headquarters] and such Property Location shall not count against the ten percent (10%) limitation set forth above. Tenant shall provide Landlord with written notice of a “go dark” Property Location, and an officer’s certificate of Tenant (1) certifying compliance with all of the square footage requirements set forth in the foregoing subsections (a), (b) and (i), and the other requirements or conditions set forth in the foregoing subsections (ii), (iii) and (iv), and (2) attaching a schedule of square footage calculations in support thereof (provided, however, the Tenant that Tenant’s failure to deliver such officer’s certificate to Landlord shall not use the Premises in constitute a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Lawdefault hereunder). In no event shall Notwithstanding the Premises be used for any purpose which shall violate any of foregoing, the terms and provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office this Lease and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting (including without limitation, the generality payment of the foregoingBase Rent and other Rent without reduction except as set forth in Articles 14 and 15, and Tenant’s indemnity maintenance obligations under this Section 4 9.02) shall not apply to the extent the title insurance policy obtained by Landlord remain in connection with its purchase of the Premises (full force and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost effect with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees any Property Location that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordhas gone dark.

Use. Tenant may shall use the Premises Land for general office the purpose of constructing, maintaining, and any computer data center purpose or operating for any other lawful purpose providedprofit an amusement facility under the trade name Festival Fun Parks, howeverLLC including, without limitation, the following amusement attractions: miniature golf; baseball batting cages; electronic games; bumper boats; go-karts; mazes; hard rides; and other Festival Fun Parks attractions (the “Fun Center Use”) located on that portion of the Land, Buildings and Improvements known as ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, and further, Tenant shall not use the Premises in land for the purpose of maintaining and operating for profit a manner which would Bullwinkles’ Restaurant (i“Restaurant Use”) result in a diminution of more than a de minimis amount in the value located on that portion of the Buildingpremises commonly known as ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ 92708). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, Tenant can vary the foregoing Fun Center Use and/or the Restaurant Use consistent with the then highest and best use of the Land, as reasonably determined by Tenant from time to time during the term, in which event Landlord agrees not to unreasonably withhold its consent to amend this paragraph to allow and authorize such alternate use; provided however, Landlord may consider the impact of the proposed change on the Gross Income derived from the Land, Buildings and Improvements on the Fun Center Use and/or the Restaurant Use, whichever is proposed to be varied, in giving or withholding its consent. Subject to such right of Landlord, Landlord acknowledges that Tenant may change the Fun Center Use and/or the Restaurant Use of the Land pursuant to Paragraph 6.1 of this Lease. Tenant shall use commercially reasonable efforts to use and permit use of the Land for purposes permitted by this Paragraph 1 which in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable lawsreasonable opinion will maximize Gross Income (as hereinafter defined). Without limiting Tenant shall not use and shall not permit or suffer the generality Land or any portion of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply Land to be used in any manner that would violate the extent the title insurance policy obtained by Landlord in connection with its purchase provisions of the Premises (and the simultaneously any certificate of occupancy or conditional use permit issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms any of the Improvements, or any other license, permit, or other governmental authorization that is required for the lawful use or occupancy of all or any portion of the Land or the Improvements. If any license, permit or other governmental authorization is required for the lawful use or occupancy of all or any portion of the Land or the Improvements, Tenant shall procure and conditions reasonably satisfactory to Landlord. Subject to maintain the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCEsame throughout the term of this Lease or throughout the duration of the period the same shall be required. Tenant agrees that will not use the Land inconsistent with respect to the Permitted Encumbrances and any covenantsprivate covenant, restrictions condition or agreements restriction, currently recorded or hereafter created by or consented to in writing by Tenant. (“CC&R’s”), Tenant shall, subject any conditional use permit (“CUP”) or any other zoning or other restrictive provision to which the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordLand is subject.

Use. Tenant may (a) Purchaser represents and warrants that it will not exercise the Option unless it will use the Premises portions of the Property sold to Purchaser for general office and vineyards and/or orchards. Purchaser acknowledges that Seller would not agree to grant the Option to Purchaser if the Property would be put to any computer data center purpose use other than vineyards and/or orchards. Seller agrees to cooperate with Purchaser in taking reasonable actions for the development of such vineyards and/or orchards provided that Purchaser reimburses Seller for all costs incurred by Seller in taking such actions. Notwithstanding the foregoing or for any other lawful purpose providedprovision of this Agreement to the contrary, howeverPurchaser will not take or pursue, the Tenant and Seller shall not use the Premises have no obligation to take or pursue or to join with or assist Purchaser in a manner which would (i) result taking or pursuing, any action, plan or program in a diminution support of more than a de minimis amount in the value Purchaser's efforts to convert portions of the BuildingProperty to agricultural use as vineyards and/or orchards if Seller determines, in Seller's reasonable discretion, that any such action, plan or program would or could restrict, hinder, impede, limit, reduce, diminish or otherwise adversely affect in any way (I) Seller's right or ability to operate or manage the Property (other than the portions thereof sold to Purchaser) as a tree farm (as hereinafter defined ) or to take any action or engage in any activity customary or incidental to the operation of management of the Property as a tree farm, (ii) cause the amounts or volumes of trees or timber (on a nuisance per acre basis) that Seller would be permitted to harvest, cut or remove from the Property, or (iii) involve the production value or suitability of the storage of Hazardous Materials Property (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises portions thereof sold to Purchaser) for use as a data center and in compliance with Environmental Law)tree farm. In no event shall For purposes of this Agreement, the Premises be term "tree farm" means land used for any the purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendmentcultivating, extensionplanting, replacementgrowing, or restatement of any such Permitted Encumbrance permitted herebycutting, or any covenantsharvesting and/or otherwise exploiting standing timber for commercial and industrial purposes, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordall activities related thereto.

Use. Tenant may use the Premises for general office retail and any computer data center purpose distribution use and ancillary uses thereof or for any other lawful purpose provided, however, the Tenant shall so long as such other lawful purpose would not use the Premises in a manner which would (i) result in have a diminution of more than a de minimis amount in material adverse effect on the value of the BuildingPremises, (ii) cause a nuisance materially increase (when compared to similar space) the likelihood that Tenant, Landlord or Landlord’s Mortgagee would incur liability under any Environmental Laws (as hereinafter defined), or (iii) involve the production result in or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance give rise to any material environmental deterioration or degradation of the Premises as a data center and in compliance with Environmental Law)Premises. In no event shall any of the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under that this Section 4 sentence shall not apply with respect to any Permitted Encumbrance in effect on the extent Lease Commencement Date so long as (i) the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued LenderMortgagee’s policy of title insuranceinsurance issued in connection with the Loan) contains affirmative insurance against the applicable any loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender Mortgagee at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject Landlord and Mortgagee in their sole discretion, and (ii) violation of such Permitted Encumbrance could not result in Landlord or Mortgagee suffering (A) any criminal liability, penalty or sanction, (B) any civil liability, penalty or sanction for which Tenant has not made provisions reasonably acceptable to Landlord and Mortgagee, or (C) defeasance or loss of priority of its interest in the preceding sentencePremises; provided, further, however, that TENANT SHALL NONETHELESS BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER LANDLORD AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, shall observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord.

Use. (a) Tenant may use the Premises for general office any Permitted Use and any computer data center purpose or for any other lawful purpose providedancillary uses associated therewith, howeverin all cases subject to and in compliance with all Laws and Permitted Encumbrances. Tenant shall use the Premises only as provided by and in accordance with all Permitted Encumbrances, the subject to Landlord’s reservation of rights herein. Tenant shall not use or occupy the Premises, or any part thereof, nor permit or allow the Premises or any part thereof to be used or occupied, for (x) any purpose or in a any manner which would (i) result is in violation of any Law or a diminution of more than a de minimis amount in the value violation of the Building, (ii) cause a nuisance provisions set forth in Section 28 or any other provision of this Lease or (iiiy) involve in any manner which violates any certificates of occupancy for the production Premises or the storage of Hazardous Materials (other than the storage of Hazardous Materials makes void or voidable any insurance then in connection force with the operation and maintenance respect thereto as is required pursuant to Section 16 hereof. Tenant’s occupancy of the Premises as a data center and will be in compliance with Environmental Law)all Laws and insurance requirements, and as otherwise provided in this Lease. In no event Tenant shall neither suffer nor permit the Premises or any portion thereof to be used, or otherwise act or fail to act, in such a manner as (I) might impair Landlord’s title thereto or to any portion thereof, (II) may make possible a claim of adverse use or possession or an implied dedication of the Premises or any portion of the Premises, or (III) may subject the Premises or this Lease to any Encumbrances, other than Permitted Encumbrances. Notwithstanding anything herein to the contrary, Tenant shall not (1) permit any unlawful practice to be carried on or committed in the Premises; (2) make any use of or allow the Premises to be used for any purpose which shall violate that makes obtaining coverage at impossible (or at such rates that Tenant is not willing to pay); (3) deface or damage the Premises; (4) overload the floors, walls or ceilings of the Premises; (5) commit or suffer any material waste in or about the Premises; (6) use the Premises in any manner that may diminish the value of the Premises in any material respect; or (7) use the Premises for any of the provisions following purposes without the Landlord’s prior consent (in its sole and absolute discretion): (i) bar, nightclub, adult bookstore or video shop or other adult entertainment establishment; (ii) incineration or reduction of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, garbage or any covenantsgarbage dumps on the Premises; (iii) mortuary; (iv) fire sale, restrictions bankruptcy sale or auction house operation; (v) laundry or dry cleaning plant or laundromat; (vi) gas station; (vii) automobile, truck, trailer or RV repairs on-site; (viii) “flea market”, secondhand, surplus or other “off-price” or deep discount (b) Tenant will not enter into any agreements hereafter created by or consented consent to by any transaction or instruments that will create an Encumbrance on the Premises without Landlord’s prior written consent, which may be granted or withheld in its sole discretion. Tenant applicable shall be responsible for complying with the terms and conditions of, and paying the costs and expenses under, all Encumbrances on the Premises (other than Landlord’s obligations to pay debt service to any Landlord Mortgagee under any Landlord Mortgage). Tenant shall not, without ▇▇▇▇▇▇▇▇’s prior written consent (in Landlord’s sole discretion), apply for or otherwise seek or obtain any zoning changes or variances with respect to the PremisesProperty. Notwithstanding anything If Landlord desires to seek or obtain any zoning changes or variances with respect to the contrary herein containedProperty, Tenant shall cooperate in no event shall all respects therewith, at Landlord’s request, provided that such zoning change or variance will not prohibit Tenant’s use of the Premises Property for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCEthen-current use. Tenant agrees that with respect shall cooperate, at no cost or expense to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant in all respects therewith, at Landlord’s request, to secure any estoppels related to an Encumbrance. (c) Tenant, and its customers, vendors, suppliers, invitees, transporters, haulers, guests, and employees, shall, subject to Force Majeure and all applicable Laws, have access to, and the foregoinguse of, observeall vehicular and pedestrian roads, perform roadways, driveways, drive aisles, access ways, entrance and comply exit ways, walkways, sidewalks, loading docks, truck courts, parking lots, parking areas, parking decks, and other related appurtenances located upon the Premises at all times, day and night, three hundred sixty-five (365) days per year, seven (7) days per week, twenty-four (24) hours per day throughout the Lease Term. (d) Tenant at Tenant’s sole cost and expense shall have the right to locate, design, install and maintain signage on the exterior face of any of the Buildings, monument signage on the Premises, and other types of outdoor and/or exterior signage at or upon the Premises at such locations, in such heights and sizes, and with such content, and, with or without illumination, all as Tenant alone shall determine in its sole and carry out absolute discretion, subject in each instance to compliance with all applicable sign ordinances and other Laws and Governmental Requirements. Landlord shall have the right, exercisable by delivering written notice to Tenant on or before the later of the date that is one hundred eighty (180) days after: (i) such signage is actually installed or (ii) Tenant delivers written notice to Landlord of such installation, to cause Tenant to remove any signage installed by Tenant on the Premises at the end of the Term. Upon the expiration or sooner termination of this Lease, all signage on the Premises required by Landlord to be removed as aforesaid, or any part or parts thereof so designated by Landlord, shall be removed from the Premises by Tenant and the Premises restored, at Tenant’s expense, to the same or better condition than existed (e) In addition to such security systems and devices (including gates and other similar devises that limit or prevent access to the Sites or any portion of the Sites) that shall be installed within and/or upon the Buildings and the Premises and/or comprising a part of either Site, Tenant shall have the right, subject to the provisions thereof of Section 14 hereof, to construct, install, operate, maintain, secure, modify, repair, replace, and remove from time to time, security systems and devices as Tenant shall deem either necessary or desirable to limit or prevent access to the Premises and to protect Tenant’s products, systems, designs, and other proprietary matters at or upon the Premises. To the extent that any such systems or devices shall act to limit access to the Premises and/or any Buildings, Tenant shall be required therein to be observed and performed by Landlordprovide emergency access rights, codes, or other means to Landlord to afford Landlord access to the Premises pursuant to express requirements of this Lease.

Use. Tenant 5.1 The Subleased Premises shall be used solely for office, research and development, assembly and testing of computer modules and systems, and warehousing and may use the Premises for general office and any computer data center purpose or for any other lawful purpose provided, however, the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any other purpose without the prior written consent of Sublandlord, which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premisesconsent may be withheld in Sublandlord's sole and absolute discretion. Notwithstanding anything to the contrary herein containedin this Sublease or Section 39 of the Master Lease as incorporated into this Sublease, in no event shall Tenant’s Subtenant or its agents, employees, contractors, invitees, subtenants or assignees use, store, dispose of, release, manufacture, recycle, treat, discard, transport or otherwise bring upon, keep or use any Hazardous Material in, on, to, or about the Subleased Premises (other than customary quantities and types of Hazardous Materials used solely for office and janitorial purposes). Notwithstanding the foregoing to the contrary: (i) Subtenant may use Hazardous Materials of the type and in the quantities described in Exhibit E attached hereto to the extent such Hazardous Materials are required for the continued operation of Subtenant's business in the Subleased Premises for the uses permitted under this Section 5.1 (the "Permitted Hazardous Materials"); (ii) if Subtenant desires to use any Hazardous Materials which are not Permitted Hazardous Materials or Permitted Hazardous Materials of a quantity in excess of those set forth in Exhibit E, Subtenant shall first obtain Sublandlord's prior written consent to such use and/or quantity, which consent shall not be unreasonably withheld; (iii) the Permitted Hazardous Materials shall be used strictly in compliance with all applicable laws, rules, regulations, ordinances, fire underwriters' requirements, codes, the provisions of the Master Lease, and in accordance with the storage procedures described in Exhibit E; and (iv) prior to bringing any Permitted Hazardous Materials onto the Leased Premises, Subtenant shall present to Sublandlord for its consent, a hazardous materials management plan prepared by Subtenant and acceptable to the City of San Jose ▇▇▇e Department (provided however, that Sublandlord shall assume no responsibility for the adequacy or completeness of such plan by reason of such consent) . Notwithstanding the foregoing to the contrary, the limited right of Subtenant to use Hazardous Materials pursuant to this Section 5.1 is personal to Brocade Communications Systems, Inc., and accordingly, no subtenant, assignee of the Sublease or other occupant of the Subleased Premises shall use, store, dispose of, release, manufacture, recycle, treat, discard, transport or otherwise bring upon, keep or use any Hazardous Material in, on, to, or about the Subleased Premises (other than customary quantities and types of Hazardous Materials used solely for office and janitorial purposes). 5.2 Subtenant acknowledges that an "antenna farm" will be located on the roof of the building and agrees that at no time shall Subtenant or any of its employees, agents, contractors, invitees, subtenant or assignees enter upon the roof for any reason whatsoever; provided however, if Subtenant has installed an antenna on the roof pursuant to this Section 5.2, Subtenant may enter upon the roof with the prior written consent of Sublandlord and, at Sublandlord's election, accompanied by Sublandlord, for the sole purpose of repairing, maintaining or otherwise attending to such antenna . Sublandlord reserves the exclusive right to use the roof and Subtenant shall have no right to use the roof for any reason except to the extent expressly provided in the immediately preceding sentence. Subtenant further acknowledges that a portion of the antenna farm is located directly above the portion of the Subleased Premises located on the second floor of the building and the preferred access from the building thereto is through an electrical closet located within the Subleased Premises. Sublandlord and Sublandlord's employees, agents and contractors shall have the right to enter the Subleased Premises at all reasonable times, upon reasonable notice, and during business hours to access the antenna farm through such electrical closet. Subtenant shall have the right to accompany Sublandlord at all times. Sublandlord shall use reasonable efforts to minimize any interference with Subtenant's business that may be caused by such entry. Subtenant shall have the right to install an antenna dish on the roof of the building in accordance with the following: (i) if the diameter of the dish in thirty-six (36) inches or less, the dish may be installed on Sublandlord's antenna deck located on the east wing of the building; and (ii) if the diameter of the dish exceeds thirty-six (36) inches, the dish shall be located within the area enclosed by the roof screen in a location approved by Sublandlord. The roof "hatches" within the Subleased Premises and the Master Premises shall remain unlocked at all times, but may be monitored by a security system. 5.3 Subtenant acknowledges that neither Sublandlord nor Sublandlord's agents has made any representation or warranty to Subtenant with regard to the Premises including, without limitation, the suitability of the Premises for general office and any computer data center purpose in violation the conduct of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, howeverSubtenant's business, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting physical, environmental and economic condition and the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase compliance of the Premises (with applicable legal requirements except as otherwise expressly provided herein. 5.4 Subtenant acknowledges that Subtenant is entering into this Sublease and accepts the simultaneously issued Lender’s policy Premises on the basis of title insurance) contains affirmative insurance against Subtenant's independent evaluation and investigation of the applicable loss arising due Premises including, without limitation, the matters referred to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordin Paragraph 5.3 above.

Use. Tenant may use Except as set forth below, each of the Premises Properties shall be used solely for general office the operation of a Permitted Facility in accordance with the standards of operations then in effect on a system- wide basis, and for no other purpose. Lessee shall occupy the Properties promptly following the Effective Date and, except as set forth below and except during periods when any computer data center purpose of the Properties is untenantable by reason of a Casualty or for any other lawful purpose Taking (provided, however, during all such periods while any of the Tenant Properties is untenantable, Lessee shall strictly comply with the terms and conditions of Section 21 of this Lease), Lessee shall at all times during the Lease Term occupy each of the Properties and shall diligently conduct its business on each of the Properties as a Permitted Facility. Unless Lessor's prior written consent is obtained (which consent may be withheld or conditioned by Lessor in its sole discretion), Lessee may cease diligent operation of business at any of the Properties for a period not use to exceed 90 days and may do so only once with 19 respect to each Property within any five-year period during the Premises in a manner which would Lease Term. If Lessee does discontinue operation as permitted by this Section, Lessee shall (i) result give written notice to Lessor within 10 days after Lessee elects to cease operation, (ii) provide adequate protection and maintenance of any such Properties during any period of vacancy, (iii) comply with all Applicable Regulations and otherwise comply with the terms and conditions of this Lease other than the continuous use covenant set forth in this Section, and (iv) pay all costs necessary to restore such Properties to their condition on the day operation of the business ceased at such time as such Properties are reopened for Lessee's business operations or other substituted use approved by Lessor as contemplated below. Notwithstanding anything herein to the contrary, Lessee shall pay the Base Monthly Rental on the first day of each month during any period in which Lessee discontinues operation. Lessee shall not, by itself or through any assignment, sublease or other type of transfer, convert any of the Properties to a diminution of more use other than a de minimis amount Permitted Facility during the Lease Term without Lessor's consent, which consent shall not be unreasonably withheld. conditioned or delayed. Lessor may consider any or all of the following in determining whether to grant its consent, without being deemed to be unreasonable: (i) whether the rental paid to Lessor would be equal to or greater than the anticipated rental assuming continued existing use, (ii) whether the proposed rental to be paid to Lessor is reasonable considering the converted use of the Properties and the customary rental prevailing in the community for such use, (iii) whether the converted use will be consistent with the highest and best use of the Properties, and (iv) whether the converted use will increase Lessor's risks or decrease the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordProperties.

Use. Section 4.01 Tenant may use the Premises Demised Properties to operate a RYAN’S STEAKHOUSE restaurant, FIRE MOUNTAIN STEAKHOUSE restaurant, OLD COUNTRY BUFFET restaurant, HOMETOWN BUFFET restaurant, COUNTRY BUFFET restaurant, J▇ ▇▇▇▇▇ restaurant, or another brand reasonably acceptable to Landlord, including without limitation, a brand newly acquired or created by Tenant under which at least 50 separate locations utilize as their principal identification (each a “Permitted Restaurant Brand” and collectively, the “Permitted Restaurant Brands”), and for general office no other purpose without the prior written consent of Landlord, which approval may be granted or withheld in the commercially reasonable discretion of Landlord and shall not be unreasonably conditioned or delayed. Notwithstanding any other provision of this Article, Tenant shall not use, or suffer or permit any person or entity to use, the Demised Properties or any portion thereof for any purpose in violation of any applicable law, ordinance or regulation applicable to the Demised Properties or in violation of any covenants or restrictions of record. From the Commencement Date and thereafter throughout the Lease Term, Tenant shall conduct its business in a commercially reasonable and reputable manner with respect to each of the Demised Properties and in compliance with the operations covenant contained in Section 4.02 and otherwise in compliance with the terms and provisions of this Lease. The character of the occupancy of the Demised Properties is an additional consideration and a material inducement for the granting of this Lease by Landlord to Tenant. (a) Except as hereinafter provided, and subject to applicable governmental laws and ordinances, Tenant shall open and operate a Permitted Restaurant Brand at each of the Demised Properties during all hours and days that are customary for similarly situated sites of the applicable Permitted Restaurant Brand. This covenant of continuous operation is an additional consideration and a material inducement for Landlord to enter into this Lease. Notwithstanding the foregoing, after eighteen (18) months following the Commencement Date, and subject to compliance with applicable legal requirements and the requirements contained in the Diligence Matters (as herein defined), Tenant may cease operations at up to 10% of the Demised Properties under the Lease (including all Demised Properties subleased or transferred by Landlord in accordance with Section 39.01) (each a “Dark Property”) provided that (i) such ceasing of operations does not trigger a right of any third party to purchase any Demised Property (or any portion thereof) and (ii) Tenant shall commence actively marketing a sublease for the Dark Property (including, without limitation listing with a local broker that specializes in restaurant properties) within the first twelve (12) months after Tenant has ceased operations at such Dark Property, and thereafter shall diligently continue to actively market a sublease for such Dark Property. Tenant shall provide Landlord written evidence reasonably satisfactory to Landlord demonstrating Tenant’s marketing efforts, including, without limitation, a copy of the listing agreement Tenant entered into with a local broker to market such Dark Property. If Tenant fails to commence and thereafter diligently continue to market such Dark Property within such twelve (12) month period, the Landlord shall have the right (but not the obligation) to actively market a sublease for such Dark Property. (b) If Tenant has failed to sublet such Dark Property (pursuant to a sublease in compliance with Article XXV of this Lease) within eighteen (18) months after Tenant has ceased operations at such Dark Property, Landlord shall have the right to terminate the Lease with respect to such Dark Property. With respect to any such Dark Property after termination of the Lease, any reletting of any such Dark Property and any computer data center purpose or for sale of any other lawful purpose such Dark Property shall be in Landlord’s sole and absolute discretion. Upon any such termination by Landlord, the Base Rent shall be reduced by an amount equal to (i) the product of (A) fifty percent (50%) of the Net Proceeds Sales Amount (as defined below) received by Landlord following any sale of such Dark Property multiplied by (B) 0.667 percent (0.667%) (such product, the “Dark Property Rent Reduction”), provided, however, the Tenant shall not use the Premises that in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any Dark Property Rent Reduction exceed Tenant’s allocated base rent of such Demised Property as set forth on Tenant’s books and records; or (ii) fifty percent (50%) of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance Monthly Net Proceeds Lease Amount (a “Planned Use Violation”as defined below) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained received by Landlord in connection with its purchase of following the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation reletting of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCEDark Property. Tenant agrees that with respect shall have no right to the Permitted Encumbrances and discontinue operations at any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord.time during which an Event of Default is continuing. As

Use. The following amendments relate to use: 3.1 The first sentence of Section 10.1 is hereby deleted and the following substituted: “Tenant may use and occupy the Premises for general office and any computer data center purpose or for any other lawful purpose customarily permitted in comparable first class office buildings in the Boston Central Business District from time to time.” 3.2 Section 10.3 is hereby amended by adding the following sentence after the first sentence thereof: “Anything herein to the contrary notwithstanding, but subject to the following sentence and Section 10.4 hereof, any cafeteria, day care center, health club or dining facilities in the Building may be used for the benefit of Tenant, its Affiliates, subtenants and all other occupants, if any, of the Building and the employees and invitees of any or all of them and, in Tenant’s sole determination, by third parties.” 3.3 Section 10.5 is hereby deleted. 3.4 Section 10.7 is hereby suspended and the following provision is substituted in lieu thereof for so long as the Premises includes all of the Office Space in the Building, but not otherwise: “Subject to rights of others to use or have access to the main lobby of the Building (the “Main Lobby”) if and to the extent provided by the Lease, agreements of record with abutters or any agreements entered into in connection with the granting of governmental approval for the construction and use of the Building, Tenant shall have exclusive control of the Main Lobby at no additional cost or charge, provided, however, the that Tenant shall not use indemnify, defend and hold Landlord harmless from and against any loss, cost, liability or expense arising in connection with any third party tort claim arising from any occurrence within the Premises in Main Lobby at a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Buildingtime when Tenant had exclusive control thereover, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials unless such claim arose in connection with the operation and maintenance negligence or willful misconduct of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate Landlord or any of the provisions of any Permitted Encumbrance its employees, guests or of any amendment, extension, replacementinvitees, or restatement of in connection with any such Permitted Encumbrance permitted hereby, event in the Main Lobby held or any covenants, restrictions or agreements hereafter created sponsored by or consented to by Tenant applicable Landlord pursuant to the Premiseslast sentence of this subsection. Notwithstanding anything to Tenant may also use and permit the contrary herein contained, in no event shall Tenant’s use of the Premises Main Lobby for general office special functions by Tenant, its Affiliates, subtenants and other occupants, if any, of the Building and, in its sole determination, by third parties. Landlord may similarly host or sponsor up to ten (10) special functions in the Main Lobby in any computer data center purpose calendar year, provided the same do not conflict with the use of the Main Lobby or Building by Tenant or any subtenant or other occupant of the Building (as determined in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality reasonable judgment), and further provided that Landlord assume all costs for cleaning, security and similar services of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord any kind that may be reasonably required in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordevent.”

Use. (a) Tenant may shall use and occupy the Premises demised premises for executive and general office offices and any computer data center purpose for purposes ancillary to Tenant's use of the demised premises as executive and general offices for its internet based news service, to the extent such use is permitted by the certificate of occupancy for the Building and not otherwise prohibited by the provisions of this lease, including without limitation: a health fitness facility for the sole use of Tenant's employees; a broadcast studio not open to the public; and a pantry kitchen containing a refrigerator, dishwasher, microwave oven, sink, ice maker and related kitchen equipment and vending machines, all for the sole use of Tenant's employees and business guests, the warming or reheating of food in said microwave oven being permitted, but under no circumstances shall the cooking of food be permitted in the demised premises. Tenant hereby acknowledges that Landlord has made no representation or warranty as to whether such use is so permitted or otherwise permitted or whether the demised premises are suitable for such use. (b) Notwithstanding anything in this lease to the contrary, no portion of the demised premises shall be used for any other lawful purpose provided, however, of the Tenant shall not use the Premises in a manner which would following uses: (i) result in a diminution of more than a de minimis amount in the value of the Buildingbowling alley, (ii) cause a nuisance or arcade, (iii) involve the production night club or the storage discotheque, (iv) any "second hand," store, (v) any fire sale, bankruptcy sale (unless pursuant to a court order) or auction house operation, (vi) any massage parlor or adult book store or other establishment selling items of Hazardous Materials a pornographic nature, (vii) any establishment selling drug paraphernalia, (viii) any unlawful use, (ix) any drug rehabilitation clinic, (x) any manufacturing use, (xi) any off track or other betting establishment, (xii) any laundromat, (xiii) any funeral parlor, (xiv) animal raising or storage, or (xv) warehouse use. B. If any governmental license or permit, other than the storage Building's existing certificate of Hazardous Materials occupancy or a form ACP-5, which Landlord shall obtain in connection with the operation and maintenance initial preparation of the Premises as a data center demised premises for Tenant's occupancy, shall be required for the proper and lawful conduct of Tenant's business in compliance the demised premises, or any part thereof, Tenant, at its expense, shall duly procure and thereafter maintain such license or permit and submit the same for inspection by Landlord. Tenant shall at all times comply with Environmental Law). In no event the terms and conditions of each such license or permit. C. Tenant shall not at any time use or occupy, or suffer or permit anyone to use or occupy, the Premises demised premises, or do or permit anything to be used for done in the demised premises, (i) in violation of any purpose which shall violate any of superior mortgage the provisions of any Permitted Encumbrance or of any amendment, extension, replacementwhich Tenant has received notice, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose (ii) in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation the Certificate of this Section 4; provided, however, Occupancy for the foregoing shall in no way be construed as limiting demised premises or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting for the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordBuilding.

Use. Tenant a. The Subleased Premises may be used and occupied for research and development (as normally conducted in office buildings in conjunction with normal office usage and not involving the use of hazardous, toxic, flammable, or other dangerous materials or substances other than normal quantities of such materials and substances customarily used in the conduct of general administrative and executive office activities (e.g., copier fluids and cleaning supplies), training, and ancillary office use including the use of computers and various other electronic equipment typically used in offices and software needed for Subtenant’s business. Sublandlord represents that to Sublandlord’s actual knowledge, that there are no zoning ordinances, provisions of the underlying Ground Lease, or any other prohibitions restricting or limiting the use of the Subleased Premises for general office the purpose herein specified. Should any law, regulation or governmental order “substantially interfere” with the use of the Subleased Premises for the purposes described above in this Section 4 then upon written notice to Sublandlord within ninety (90) days following that date upon which Subtenant shall have become aware of such law, regulation or order, Subtenant shall have a right to terminate this Sublease if such law, regulation or order shall still be applicable to Subtenant at the end of said 90 day period, and thereafter neither party shall have any computer data center purpose further obligation to the other hereunder with respect to any period after the aforementioned ninety (90) day period. During said ninety (90) day period, Sublandlord shall have the right, but not the obligation, to appeal or otherwise challenge the legality or enforceability of such law, regulation or order as it applies to Subtenant. For purposes of this Section “substantially interfere” excludes any zoning change under which Subtenant’s use as permitted by the terms of this Section above, is a lawful nonconforming use for any other lawful purpose provided, however, substantially all of the Tenant remaining term of the Sublease. b. Subtenant shall not use or occupy the Subleased Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value violation of the BuildingGround Lease, the Master Lease or in violation of law, and shall, upon written notice from Sublandlord, Landlord, Stanford or and governmental authority or agency having jurisdiction (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law“Governmental Authority”). In no event shall the Premises be used for , discontinue any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Subleased Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute which is declared by such Governmental Authority to be a violation of this Section 4; providedlaw Subtenant shall comply, howeverat its sole cost and expense, with any Governmental Authority direction coming into effect after the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality Commencement Date which by reason of the foregoing, Tenantnature of Subtenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase particular use or particular occupancy of the Subleased Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance imposes any duty upon Subtenant or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that Sublandlord with respect to the Permitted Encumbrances Subleased Premises, or with respect to Subtenant’s particular use and any covenantsparticular occupancy thereof. Subtenant shall comply, restrictions at its sole cost and expense with implementation of a Transportation Demand Management (“TDM”) program or agreements hereafter created similar program if required by City ordinance or consented to otherwise legally required, or required by Tenant, Tenant shall, subject to the terms of the Master Lease. c. Notwithstanding the foregoing, observe, perform and Subtenant shall not be required to comply with any laws, rules or regulations coming into effect after the Commencement Date requiring Alterations or improvements unless the compliance with such laws, rules and carry out regulations is necessitated solely due to Subtenant’s particular use of the provisions thereof required therein to be observed Subleased Premises. d. At all times during the terms of this Sublease, Subtenant shall keep the Subleased Premises in a neat condition and performed by Landlordshall conduct its business in a manner that does not create a nuisance, or unreasonable disturbance for the other occupants of the Building.

Use. A. The Premises shall be used only for the purpose of receiving, manufacturing, assembling, testing, storing, shipping and selling products, materials and merchandise made and/or distributed by Tenant, for related office uses in all cases subject to and in compliance with all Laws and Permitted Encumbrances. Tenant shall use the Premises only as provided by and in accordance with all Permitted Encumbrances, subject to Landlord’s reservation of rights herein. Tenant shall not use or occupy the Premises, or any part thereof, nor permit or allow the Premises or any part thereof to be used or occupied, for (i) any purpose or in any manner which is in violation of any Law or a violation of the provisions set forth in Section 28 or any other provision of this Lease or (ii) in any manner which violates any certificates of occupancy for the Premises or makes void or voidable any insurance then in force with respect thereto as is required pursuant to Section 16 hereof. Tenant’s occupancy of the Premises will be in compliance with all applicable Laws and insurance requirements, and as otherwise provided in this Lease. Tenant shall neither suffer nor permit the Premises or any portion thereof to be used, or otherwise act or fail to act, in such a manner as (I) might impair Landlord’s title thereto or to any portion thereof, (II) may make possible a claim of adverse use or possession or an implied dedication of the Premises or any portion of the Premises, or (III) may subject the Premises or this Lease to any Encumbrances, other than Permitted Encumbrances. Notwithstanding anything herein to the contrary, Tenant shall not (a) permit any unlawful practice to be carried on or committed in the Premises; (b) make any use of or allow the Premises to be used for any purpose that might invalidate or increase the rate of insurance thereof; (c) deface or injure the Premises; (d) overload the floors, walls or ceilings of the Premises; (e) commit or suffer any material waste in or about the Premises; (f) use the Premises in any manner that may diminish the value of the Premises in any material respect; or (g) use the Premises for general office any of the following purposes without the Landlord’s prior consent (in its sole and any computer data center purpose or for any other lawful purpose provided, however, the Tenant shall not use the Premises in a manner which would absolute discretion): (i) result in a diminution of more than a de minimis amount in the value of the Buildingbar, nightclub, adult bookstore or video shop or other adult entertainment establishment; (ii) cause a nuisance incineration or reduction of garbage or any garbage dumps on the Premises; (iii) involve the production mortuary; (iv) fire sale, bankruptcy sale or the storage of Hazardous Materials auction house operation; (v) laundry or dry cleaning plant or laundromat; (vi) automobile, truck, trailer or RV repairs on-site (other than as incidental to the storage of Hazardous Materials in connection with the operation and maintenance use of the Premises as a data center distribution center, which shall be in accordance with all applicable Laws); (vii) “flea market” secondhand store, surplus or other “off-price” or deep discount store (provided that the uses in this clause (vii) shall be permitted on no more than five percent (5%) of the square footage of the Premises in the aggregate); (viii) massage parlor; (ix) carnival; or (x) gambling or off-track betting operation. B. At all times during the initial five (5) years of the Term, Tenant shall occupy the Premises and operate its business on the Premises in compliance the ordinary course except during periods when such operation may be temporarily discontinued by reason of casualty, condemnation or, solely to the extent necessary, ordinary course repairs (“Temporary Discontinuances”) (provided, however, that during all such Temporary Discontinuances Tenant shall strictly comply with Environmental Lawthe terms and conditions of Section 19 and Section 20 of this Lease. Notwithstanding the foregoing, from and ​ ​ after the date that is five (5) years after the Commencement Date, Tenant shall have no obligation to occupy the Premises or to operate any business within the Premises; provided, however, if following the date that is five (5) years after the Commencement Date, Tenant does not occupy the Premises and operate its business on the Premises for a period of one hundred eighty (180) consecutive days for any reason other than a Temporary Discontinuance, Tenant shall cooperate with ▇▇▇▇▇▇▇▇’s efforts to permit a third party to occupy and use the Premises for its business (including, without limitation, executing a commercially reasonable sublease agreement with such third party). C. Tenant will not enter into any agreements or consent to any transaction or instruments that will create an Encumbrance on the Premises without Landlord’s prior written consent in its sole discretion; provided that Landlord shall not unreasonably withhold, condition or delay its consent to any easements, licenses or similar instruments for utilities and technology service providers. Tenant shall be responsible for complying with the terms and conditions of, and paying the costs and expenses under, all Encumbrances on the Premises (other than Landlord’s obligations to pay debt service to any Landlord Mortgagee under any Landlord Mortgage, or the extent caused by or through Landlord or Landlord’s Representatives without Tenant’s consent (not to be unreasonably withheld, conditioned or delayed), but excluding any Encumbrance required by any governmental authority or pursuant any law, rule or regulation). In no event Tenant shall not, without ▇▇▇▇▇▇▇▇’s prior written consent (in Landlord’s sole discretion), apply for or otherwise seek or obtain any zoning changes or variances with respect to the Premises be used for any purpose which shall violate any of Property; provided that with respect to a zoning change or variance that solely increases the provisions of any Permitted Encumbrance or of any amendmentpermitted uses at the property, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant but otherwise does not change the zoning applicable to the PremisesProperty, Landlord’s consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything If Landlord desires to seek or obtain any zoning changes or variances with respect to the contrary herein containedProperty, Tenant shall cooperate in no event shall all respects therewith, at Landlord’s request, provided that such zoning change or variance will not prohibit Tenant’s use of the Premises Property for general office its then-current use. ▇. ▇▇▇▇▇▇ shall have the right to access and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of use the Premises twenty-four (and the simultaneously issued Lender’s policy of title insurance24) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentencehours per day, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordseven (7) days per week.

Use. Tenant may 5.1 Lessee and its permitted assignees and subtenants shall use the Premises for general office and other uses associated with Lessee's operations, not in violation of the Protective Covenants (as hereinafter defined), and for no other purpose without the prior written consent of Lessor. Lessor acknowledges and approves the use of the Building for research, laboratory facilities, testing, development, marketing, production, packaging and shipping operations by Lessee and its affiliated entities in connection with organic volatile compounds, microbial agents, antimicrobial products and prescription drugs, provided such use does not violate any computer data center purpose applicable law or for requirement having the force of law, or any of the Protective Covenants, and does not injure any person or damage any property. Lessee shall operate its business in the Premises during the entire Lease Term and in a reputable manner in compliance with all applicable laws, ordinances, regulations, covenants, restrictions, and other matters shown on the public records, now in force or hereafter enacted. Lessee will not permit, create, or maintain any disorderly conduct, trespass, noise, or nuisance whatsoever about the Premises which has a tendency to annoy or disturb any persons occupying adjacent premises either within or without the Building. 5.2 Lessee shall not place or maintain machines, equipment, or other apparatus which causes vibrations or noise that may be transmitted to the Building structure or to any space to such a degree as to be objectionable to Lessor or to any other lawful purpose providedtenant in the Building or to persons having rights to occupy property adjacent to the Premises. Neither Lessee nor any of Lessee's employees, howeveragents or invitees shall place or maintain within the Premises any stoves, ovens or space heaters (other than properly-installed professional equipment necessary for Lessee's laboratory operations), except with the Tenant prior written consent of Lessor in each instance. Lessee shall not use make or permit to emanate from the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value premises any smoke or odor that is objectionable to other occupants of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable persons having rights to occupy property adjacent to the Premises. Notwithstanding anything , and shall not create, permit, or maintain a public or private nuisance thereon, or do any act which damages the Premises or would cause disinterested, impartial persons having expertise as to quality of buildings in the commercial office market in the vicinity of Technology Park/Atlanta to characterize the Building as declining in quality on account of such act below the quality of the Building during its existence prior to the contrary herein containedCommencement Date. 5.3 Lessee shall cause all loading and unloading of any goods or materials delivered to or sent from the Premises to be done only in the areas as Lessor may designate. Under no circumstances shall Lessee allow any goods or materials delivered to or sent from the Premises to be stored on, in no event shall Tenant’s use accumulate on or obstruct such area, dumpster pad, sidewalks, driveways, parking areas, entrances or other public areas or spaces of the Premises for general office and any computer data center purpose in violation Building or other parts of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation the Premises. Lessee acknowledges that violations of this Section 4; provided5.3 shall constitute a material breach of this Lease. 5.4 Lessee shall not perform or permit any work, howeverincluding, but not limited to, assembly, construction, mechanical work, painting, drying, layout, cleaning, or repair of goods or materials, to be done on the foregoing sidewalks, driveways, parking areas, landscaped areas of the Building or other parts of the Premises. 5.5 Lessee shall in no way not use, handle, store, deal in, discharge, or fabricate any environmentally hazardous wastes, substances or materials as the same are now or hereafter may be construed as limiting defined or otherwise modifying Tenant’s obligations hereunder to comply with applicable lawsclassified by any local, state, or federal environmental protection legislation or regulation issued pursuant thereto. Without limiting the generality of Notwithstanding the foregoing, Tenant’s indemnity obligations under this Section 4 Lessee shall be authorized to use, store, handle and test various organic volatile compounds and microbial agents, including but not apply limited to the extent the title insurance policy obtained by Landlord E-coli and Salmonella, in connection with its purchase usual operations provided that Lessee complies with all laws, requirements having the force of law, and the Protective Covenants, applicable to the use of said substances in Lessee's operations, and in such use, storage, handling, and testing. 5.6 Lessee shall defend, indemnify, and hold harmless Lessor and Lessor's partners, managers, and employees ("Indemnified Parties") from and against all claims, actions, demands, losses, liabilities, damages, awards, fines, penalties, costs, and expenses, including reasonable attorneys' fees, which are made against or incurred by the Indemnified Parties on account of Lessee's use of the Premises Premises. 5.7 Technology Park/Atlanta, Inc., as a signatory to this Lease and as the original Declarant of that certain Declaration of Covenants, Conditions and Restrictions dated July 2, 1971 [being recorded at Deed Book 389, Pages 636-649, Gwinnett County, Georgia Records] (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances said instrument and any covenantsamendments thereto being collectively referred to as the "Declaration"), restrictions represents that (i) it is the owner of twenty (20%) percent or agreements hereafter created by or consented to by Tenant, Tenant shall, more of the acreage subject to the foregoingDeclaration; (ii) it holds the controlling vote of the members of the TP/A Design Control Committee referenced in said Declaration; and (iii) the Lessee's use of the Premises, observeas described in this Lease, perform is hereby approved by the Committee and comply with and carry out will not violate or breach the provisions thereof required therein to be observed and performed by LandlordDeclaration.

Use. Tenant may shall, during the term of this Lease, use the Premises only for general office the Permitted Uses and any computer data center only to the extent permitted by zoning and other land use ordinances and regulations, and for no other purpose or and from time to time procure and maintain all licenses and permits necessary therefor and for any other lawful purpose provideduse or activity conducted at the Premises, howeverat Tenant's sole expense. The Permitted Uses shall expressly exclude use for utility company offices, or employment agency or governmental or quasi-governmental offices. Tenant acknowledges that the Premises are subject and subordinate to those certain covenants, conditions and restrictions recorded at Series/Instrument #80-317016, of the Official Records of San Diego County, California, on September 29, 1980, a copy of which Tenant acknowledges has been delivered to it (the "CC&R's"). Tenant acknowledges that it has read the CC&R's and knows the contents thereof. Throughout the term, Tenant shall not use faithfully and timely perform and comply with the Premises in a manner which would (i) result in a diminution CC&R's and any modification or amendments thereto provided to Tenant, including the payment by Tenant of more than a de minimis amount in any periodic or special dues or assessments against the value Premises. Tenant shall, at Tenant's sole cost and expense, take all action, including any alterations necessary to comply with the requirements of the BuildingAmericans With Disabilities Act of 1990 (the "ADA"), (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance which shall arise from Tenant's particular use of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted herebyPremises, or any covenantsinstallations in the Premises, restrictions or required by a breach of any of Tenant's covenants or agreements under this Lease, whether or not such requirements shall now be in effect or hereafter created by or consented to by Tenant applicable to enacted. Landlord shall perform any work necessary for the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use Common Areas of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder Complex to comply with applicable laws. Without limiting the generality Title III of the foregoingADA, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance work is subsequently provided to Landlord and Lender at not Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject 's obligation pursuant to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees The cost of any such work for which Landlord is obligated shall be included as an Operating Cost. Landlord represents that with respect to the Permitted Encumbrances and any covenantsbest knowledge of Landlord, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply common areas of the Complex are currently in material compliance with and carry out Title III of the provisions thereof required therein to be observed and performed by LandlordADA.

Use. Tenant may use 6.1 The Premises shall be used only for the Premises for general office purpose specified in the Basic Lease Information and any computer data center no other purpose without Landlord's prior written consent, which consent shall not be unreasonably withheld or for any other lawful purpose delayed; provided, however, Landlord's withholding of consent shall be conclusively presumed reasonable if the proposed use would materially increase the wear and tear on or the risk of damage to the Premises above levels or risks resulting from Tenant's use of the Premises exclusively for office purposes or if the proposed use is for an illegal, immoral or disreputable purpose; and provided, further, that only the Tenant originally named herein, and no subtenant, assignee or other successor to such original Tenant, shall not have the right to use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used any part thereof for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premisesother than office use. Notwithstanding anything to the contrary in the Basic Lease Information, (a) Tenant's right to use the Premises or any part thereof for any use other than general office use (whether or not such other use is listed in the Basic Lease Information) is subject to the following conditions: (i) such ancillary (non-office) uses shall be limited to areas comprising less than thirty percent (30%) of the total rentable square footage of the building in the aggregate, and (ii) all such uses shall be consistent with Tenant's obligations under Articles 11 and 21 hereof; and (b) any subtenant or assignee of the original Tenant named herein containedshall use the Premises exclusively for office purposes and no other use shall be permitted, in no event shall Tenant’s use except that the original Tenant named herein may sublease the portions of the Premises for general office and any computer data to be used as an employee cafeteria or child care center purpose in violation to the operators of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable lawsthose facilities. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 Tenant shall not apply do or permit to be done in, on or about the extent the title Premises, nor bring or keep or permit to be brought or kept therein, anything which is prohibited by or will in any way conflict with any law, ordinance, rule, regulation or order now in force or which may hereafter be enacted, or which is prohibited by any insurance policy obtained by Landlord for the Premises, or will in connection with its purchase of any way increase the existing rate of, or cause a cancellation of, or affect any insurance for the Premises. Tenant shall not do or permit anything to be done in, on or about the Premises (and which will in any way obstruct or interfere with the simultaneously issued Lender’s policy rights of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to Tenant shall not maintain or permit any nuisance in, on or about the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions Premises or agreements hereafter created by commit or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein suffer to be observed and performed by Landlordcommitted any waste in, on or about the Premises.

Use. Tenant may 5.1 The premises shall be used and occupied only for General Office Use and for no other purpose. (a) Sublessor warrants to Sublessee that the Premises, in its existing state, but without regard to the use which Sublessee will use the Premises for general office Premises, does not violate any applicable building code, regulation or ordinance at the time that this Sublease is executed. In the event that it is determined that this warranty has been violated, then it shall be the obligation of Sublessor, after written notice from Sublessee, to promptly, at Sublessor's sole cost and expense, rectify any computer data center purpose such violation. In the event that Sublessee does not give to Sublessor written notice of a violation of this warranty within one (1) year from the Commencement Date, it shall be conclusively deemed that such violation did not exist and the correction of the same shall be the obligation of Sublessee. (b) Except as provided in paragraph 5.2(a) above, Sublessee shall, at Sublessee's expense, comply promptly with all applicable statutes, ordinances, rules, regulations, orders, restrictions of record, and requirements in effect during the term or for any other lawful purpose provided, however, part of the Tenant term hereof regulating the use by Sublessee of the Premises. Sublessee shall not use or permit the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and in any computer data center purpose in violation of manner that will tend to create waste or a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; providednuisance or, however, the foregoing if there shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality more than one tenant of the foregoingbuilding containing the Premises, Tenant’s indemnity obligations under which shall tend to disturb such other tenants. 5.3 Except as provided in paragraph 5.2(a) above, Sublessee hereby accepts the Premises in its condition existing as of the date hereof, subject to all applicable zoning, municipal, county and state laws, ordinances, regulations and all matters of record governing and regulating the use of the Premises, and accepts this Section 4 shall not apply Sublease subject thereto and to all matters disclosed thereby. Sublessee acknowledges that neither Sublessor nor Sublessor's agents have made any representation or warranty as to the extent the title insurance policy obtained by Landlord in connection with its purchase suitability of the Premises (and for the simultaneously issued Lender’s policy conduct of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordSublessee's business.

Use. Tenant The Premises may use the Premises for general office and any computer data center purpose or be used for any other lawful purpose providedwhich is not prohibited under the Declaration (as defined in Section 17.1). Notwithstanding the foregoing, however, the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for permit any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises that constitutes a Prohibited Use. For purposes hereof, a “Prohibited Use” is any use that: (i) violates any certificate of occupancy in force for general office the Improvements; (ii) involves the storage, maintenance or handling of Hazardous Materials not normally associated with a warehouse/distribution facility of consumer goods; (iii) violates any provision of the Permitted Exceptions, or (iv) is not a permitted use under the “ID Intensive Development” designation under the zoning code of Lexington County, South Carolina. Notwithstanding the preceding subsection (iii), Landlord agrees that Tenant is free to request and pursue any computer data center purpose required variances under the ID zoning code for non-use related items, such as for example, a variance for a set back would be acceptable, but a special use permit for a heavy industrial use would not be acceptable. Landlord shall at all times during the Term hereof, at no cost, expense or liability to Landlord, cooperate with Tenant in violation obtaining such modifications, variances, special use permits and such other changes in Requirements (as hereinafter defined in Section 22.3) affecting the Premises, as Tenant may request. Tenant shall not permit the Premises, or any portion thereof, to be used in such manner which impairs Landlord’s right, title or interest in the Premises or any portion thereof, or in such manner which gives rise to a claim or claims of adverse possession or of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality dedication of the foregoingPremises, Tenant’s indemnity obligations under this Section 4 or any portion thereof, for public use. Tenant shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of use or occupy the Premises (and or permit the simultaneously issued Lender’s policy Premises to be used or occupied contrary to any Requirements applicable thereto or in any manner which would violate any certificate of title insurance) contains affirmative insurance against occupancy affecting the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCEsame. Tenant agrees that with respect it will, promptly upon discovery of any such use, immediately notify Landlord and take all necessary steps to compel the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlorddiscontinuance of such use.

Use. Tenant may use Except as set forth below, each of the Premises Properties shall be used solely for general office the operation of a Permitted Facility in accordance with the standards of operations then in effect on a system-wide basis, and for no other purpose. Lessee shall occupy the Properties promptly following the Effective Date and, except as set forth below and except during periods when any computer data center purpose of the Properties is untenantable by reason of a Casualty or for any other lawful purpose a Taking (provided, however, during all such periods while any of the Tenant Properties is untenantable, Lessee shall strictly comply with the terms and conditions of Section 21 of this Lease), Lessee shall at all times during the Lease Term occupy each of the Properties and shall diligently conduct its business on each of the Properties as a Permitted Facility. Lessee may cease diligent operation of business at any of the Properties for a period not use to exceed 120 days and may do so only once with respect to each Property within any three- year period during the Premises in a manner which would Lease Term. If Lessee does discontinue operation as permitted by this Section 15, Lessee shall (i) result give written notice to Lessor within 10 Business Days after Lessee elects to cease operation, (ii) provide adequate protection and maintenance of any such Properties during any period of vacancy, (iii) comply with all Applicable Regulations and otherwise comply with the terms and conditions of this Lease other than the continuous use covenant set forth in this Section, and (iv) pay all costs necessary to restore such Properties to their condition on the day operation of the business ceased at such time as such Properties are reopened for Lessee's business operations or other substituted use approved by Lessor as contemplated below. Notwithstanding anything herein to the contrary, Lessee shall pay the Base Monthly Rental on the first day of each month during any period in which Lessee discontinues operation. Lessee shall not, by itself or through any assignment, sublease or other type of transfer, convert any of the Properties to a diminution of more use other than a de minimis amount Permitted Facility during the Lease Term without Lessor's consent, which consent shall not be unreasonably withheld, delayed or conditioned. Lessor may consider any or all of the following in determining whether to grant its consent, without being deemed to be unreasonable: (i) whether the rental paid to Lessor would be equal to or greater than the anticipated rental assuming continued existing use, (ii) whether the proposed rental to be paid to Lessor is reasonable considering the converted use of the Properties and the customary rental prevailing in the community for such use, (iii) whether the converted use will be consistent with the highest and best use of the Properties, and (iv) whether the converted use will increase Lessor's risks or decrease the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordProperties.

Use. Tenant may Sublessee shall use the Premises Sublease Space only as general office, laboratory, production and warehouse purposes related to pharmaceutical research, development and manufacturing and for general office and any computer data center no other purpose whatsoever. Sublessee shall comply with all laws, rules, orders, ordinances or for any other lawful purpose regulations applicable to Sublessee’s use of the Sublease Space; provided, however, the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s Sublessee be obligated to bring the Sublease Space or any improvements located therein into compliance with any laws, rules orders, ordinances or regulations, including, without limitation, the Americans With Disability Act or any environmental laws, other than as required by applicable law in connection with any alterations or improvements made by Sublessee to the Sublease Space, or the particular use of the Premises for general office Sublease Space by Sublessee, or to accommodate specific employees of Sublessee, following the Effective Date and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation during the term of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shallSublease, subject to the foregoingfollowing provisions of this Section 3. Sublessee accepts the Sublease Space in its “AS IS” condition without warranty from Sublessor or Landlord. Neither Sublessor nor Landlord shall be required to provide any tenant finish, observealterations, perform and comply maintenance, repairs, or janitorial, trash or other services to the Sublease Space. Neither Sublessor nor Landlord has made any representation or warranty regarding the Sublease Space or the Demised Premises including, without limitation, compliance with and carry out the provisions thereof Americans With Disabilities Act or any other laws, rules orders, ordinances or regulations. Sublessee shall not alter or otherwise change the Sublease Space in any manner without the prior written consent of Landlord (any consent of Sublessor being expressly not required therein for purposes hereof), such consent not to be observed unreasonably withheld, conditioned or delayed. As soon as reasonably practicable following the completion of any such alterations or changes, Sublessee shall provide Sublessor written notice of the general nature and performed extent of such alterations or changes; provided, in no event shall Sublessee be required to disclose any details of or circumstances surrounding such alterations or changes that Sublessee deems to be proprietary to its business or Sublessee otherwise desires to keep confidential, as determined by LandlordSublessee in its sole discretion. Upon termination of this Sublease, Sublessee shall immediately quit and surrender the Sublease Space to Sublessor broom clean and in its condition existing as of the Effective Date, ordinary wear and tear and damage by casualty, condemnation or any acts of Landlord or Sublessor excepted.

Use. Tenant and, to the extent permitted by Tenant, any subtenants of the Premises (who are permitted subtenants in accordance with Article 13 hereof) and all contractors, subcontractors, licensees and invitees of Tenant or any such subtenant, and all agents, representatives and employees of anyone or more of the foregoing (collectively, the “Tenant’s Permitees”) may use the Premises solely for general office purposes, and any computer data center at Tenant’s option, for “Test Bed and Shop Floor Purposes” (as defined herein) and uses incidental to all of the foregoing, and for no other purpose or for any other lawful purpose provided, howeverwhatsoever (“Permitted Uses”). For purposes hereof, the term “Test Bed and Shop Floor Purposes” shall mean the right to establish an area or areas in the Premises and use the same for the storage, assembly, disassembly, installation, testing, downloading and uploading of software and shipping of certain computers and computer components and accessories and other equipment used, offered or otherwise sold or leased in connection with Tenant’s business. Such use shall include the right to construct a raised floor area and to install racks and cabling for use with such equipment, computers and computer components. Tenant shall not use the Premises for any use or purpose other than the Permitted Uses without the consent of Landlord, which shall not be unreasonably withheld, delayed or conditioned. Neither Tenant nor Landlord shall initiate, submit an application for, or otherwise request, any variance, conditional use permit, subdivision or rezoning application for the Premises, without first obtaining the other’s prior written consent, which shall not be unreasonably withheld, delayed or conditioned; provided, notwithstanding anything to the contrary set forth above, Landlord shall not seek a subdivision of the Land during the Term of this Lease, including all Extensions hereof. Without limitation of the foregoing, neither Tenant nor any of Tenant’s Permittees shall: (a) place loads upon floors, walls or ceilings in a excess of the load such items were designed to carry; (b) place or store, nor permit any other person or entity to place or store, any property, equipment, materials, supplies or other items outside of the Building in violation of any law; (c) except for signage that may be permitted by Landlord pursuant to Section 21 hereof, change the exterior of the Building in any material respect; or (d) use or occupy the Premises in any manner which would (i) result deemed in a diminution good faith by Landlord’s insurance company to be an unreasonable fire or safety hazard. If Tenant’s or Tenant’s Permittees’ use or occupancy of more than a de minimis amount the Premises shall cause an increase in the value cost to Landlord of any insurance over and above the normal cost of such insurance for the type and location of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject on demand and as Additional Rent, reimburse Landlord for such excess cost, and Tenant or Tenant’s Permittees shall discontinue any use or occupancy (including the removal of equipment or materials) which shall have resulted in the increase of the cost of said insurance to the foregoingLandlord, observe, perform and comply with and carry out the provisions thereof required therein unless Landlord shall thereafter consent to be observed and performed by Landlordsuch use in writing.

Use. Tenant may The receiving party agrees to use Confidential Information received from the Premises for general office and any computer data center purpose or for any other lawful purpose provided, however, the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials disclosing party pursuant this Service Attachment solely in connection with the operation performance of such party's obligations and maintenance rights under this Service Attachment. The receiving party agrees to use reasonable measures, no less stringent than those measures used by the receiving party to protect its own confidential and proprietary information, to protect the Confidential Information of the Premises as a data center and disclosing party from disclosure to or use by any third party. Unless authorized to do so in compliance with Environmental Law). In no event shall writing by the Premises be used disclosing party, neither the receiving party, nor any third party acting on the receiving party’s behalf, will for any purpose which shall violate reason use or disclose to any person any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4disclosing party's Confidential Information; provided, however, that a receiving party has the foregoing right, without the prior written consent of the disclosing party, to disclose Confidential Information of the disclosing party to any person who needs to know the Confidential Information to assist the receiving party to fulfill its obligations or rights under this Service Attachment, who is informed by the receiving party of the confidential nature of the Confidential Information, and who agrees in writing to nondisclosure and non-use provisions comparable to those in this Service Attachment and provided further that the receiving party shall be responsible for breach of such agreement by such persons. The term "person" as used in no way this Section shall be interpreted to include, without limitation, any individual, partnership, corporation or other entity. Nothing in this Service Attachment shall be construed as limiting granting any rights to the receiving party, by license or otherwise modifying Tenant’s obligations hereunder otherwise, to comply with applicable laws. Without limiting the generality any of the foregoingdisclosing party's Confidential Information, Tenant’s indemnity obligations under this Section 4 shall not apply except as expressly stated herein. In the event that the receiving party is required to disclose Confidential Information to a court or governmental agency or pursuant to any other applicable law, regulation or court order, it may do so if legally permissible provided that the receiving party shall, as soon as practicable, notify the disclosing party to allow it an adequate opportunity to object to the extent disclosure or to take other actions to preserve the title insurance policy obtained by Landlord in connection with its purchase confidentiality of the Premises (and disclosing party’s Confidential Information. Prior to any disclosure pursuant to this section, the simultaneously issued Lenderreceiving party shall cooperate with the disclosing party in such party’s policy reasonable efforts to limit the disclosure by means of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance protective order or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlorda request for confidential treatment.

Use. Tenant may Lessee shall use and occupy the Premises only for general office and any computer data center purpose the Agreed Use, or for any other lawful purpose providedlegal use which is reasonably comparable thereto, however, the Tenant and for no other purpose. Lessee shall not use or permit the use of the Premises in a manner which would (i) result in that is unlawful, creates damage, waste or a diminution nuisance, or that disturbs occupants of more or causes damage to neighboring premises or properties. Other than a de minimis amount guide, signal and seeing eye dogs, Lessee shall not keep or allow in the value Premises any pets, animals, birds, fish, or reptiles. Lessor shall not unreasonably withhold or delay its consent to any written request for a modification of the BuildingAgreed Use, (ii) cause a nuisance or (iii) involve so long as the production same will not impair the structural integrity of the improvements on the premises or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance mechanical or of any amendmentelectrical systems therein, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable and/or is not significantly more burdensome to the Premises. Notwithstanding anything If Lessor elects to withhold consent, Lessor shall within seven (7) days after such request give written notification of same, which notice shall include an explanation of Lessor’s objections to the contrary herein containedchange in the Agreed Use. Lessee shall use commercially reasonable efforts to ensure that patients, customers, employees, agents, and owners of Lessee and Lessee’s dispensary neither loiter, nor use, smoke, vape, dab, consume, in no event shall Tenant’s use of any form or fashion, any marijuana product in the Premises for general office and or on any computer data center purpose sidewalks, parking areas or walkways serving the same. Since marijuana products may cause odors that migrate off site, Lessee shall have the duty to reasonably mitigate odors. Lessee agrees that no smoking of any kind shall be permitted by any of Lessee’s employees, agents, customers or invitees in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; providedthe Premises or on any sidewalks, however, parking areas or walkways serving the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable lawssame. Without limiting the generality of Notwithstanding the foregoing, TenantLessor acknowledges that the sidewalks, parking areas and walkways referenced in the preceding paragraphs are public areas outside of Lessee’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (control and the simultaneously issued LenderLessor therefore agrees that Lessee’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost responsibility with respect to such Permitted Encumbrance on terms those spaces shall be limited to making commercially reasonable efforts within the Premises to request that patients, customers, employees, agents, and conditions reasonably satisfactory to Landlordowners of Lessee refrain from loitering or using/consuming cannabis in any way in these areas. Subject to the preceding sentence6 of 42 Initials: ______, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord._______

Use. A. Tenant may use the Premises for general office as a restaurant, gift shop and any computer data center purpose ancillary uses associated therewith, or for any other lawful purpose providedretail use that does not adversely impair the value of the Premises and in all cases subject to and in compliance with all Laws and Permitted Encumbrances. Tenant shall use the Premises only as provided by and in accordance with all Permitted Encumbrances, however, the subject to Landlord’s reservation of rights herein. Tenant shall not use or occupy the Premises, or any part thereof, nor permit or allow the Premises or any part thereof to be used or occupied, for (i) any purpose or in any manner which is in violation of any Law or a violation of the provisions set forth in Section 27 or any other provision of this Lease or (ii) in any manner which violates any certificates of occupancy for the Premises or makes void or voidable any insurance then in force with respect thereto as is required pursuant to Section 15 hereof. Tenant’s occupancy of the Premises will be in material compliance with all Laws and insurance requirements, and as otherwise provided in this Lease. Tenant shall neither suffer nor permit the Premises or any portion thereof to be used, or otherwise act or fail to act, in such a manner as (I) likely to impair Landlord’s title thereto or to any portion thereof, (II) may make possible a claim of adverse use or possession or an implied dedication of the Premises or any material portion of the Premises, or (III) subject the Premises or this Lease to any Encumbrances, other than Permitted Encumbrances. Notwithstanding anything herein to the contrary, Tenant shall not (a) permit any unlawful practice to be carried on or committed in the Premises; (b) make any use of or allow the Premises to be used for any purpose that might invalidate or materially increase the rate of insurance thereof; (c) deface or injure the Premises; (d) overload the floors, walls or ceilings of the Premises; (e) intentionally omitted; (f) commit or suffer any material waste in or about the Premises; (g) use the Premises in a any manner which would (i) result in a diminution of more than a de minimis amount in that may diminish the value of the Building, (ii) cause a nuisance Premises in any material respect; or (iiih) involve use the production Premises for any of the following purposes without the Landlord’s prior consent (which may be granted or withheld in its sole and absolute discretion): (i) bar (provided that Tenant shall be permitted to sell alcoholic beverages, in compliance with all Laws and Permitted Encumbrances, at the storage of Hazardous Materials (other than the storage of Hazardous Materials Premises in connection with the operation and maintenance of a restaurant thereon), nightclub, adult bookstore or video shop or other adult entertainment establishment; (ii) incineration or reduction of garbage or any garbage dumps on the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting a trash incinerator or otherwise modifying compactor used exclusively for Tenant’s obligations hereunder to comply with applicable laws. Without limiting onsite operation for the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 Premises shall not apply be permitted to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (same is customary and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against appropriate for restaurants similar to the applicable loss arising due to a violation of Site and provided that such trash incinerator or compactor is used in compliance with all applicable Laws and Permitted Encumbrance Encumbrances; (iii) mortuary; (iv) fire sale, bankruptcy sale or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentenceauction house operation; (v) gas station; (vi) laundry or dry cleaning plant or laundromat; (vii) automobile, TENANT SHALL BE OBLIGATED TO INDEMNIFYtruck, DEFEND AND HOLD HARMLESS LANDLORDtrailer or RV repairs on-site; (viii) “flea market”, LENDER AND ALL OTHER INDEMNIFIED PARTIESsecondhand, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions surplus or agreements hereafter created by other “off-price” or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlorddeep discount store; (ix) massage parlor; (x) carnival; or (xi) gambling or off-track betting operation.

Use. (a) Tenant may shall have the right to use the Premises for general office (i) a motor vehicle dealership, vehicle showroom, vehicle storage, used vehicle sales, vehicle body shop (but only if a vehicle body shop use was a use of the Premises during December, 1991), service and maintenance facilities, general, executive and administrative offices in connection with such uses, any computer data center purpose uses ancillary or for customarily exercised in connection therewith, and (ii) any other lawful purpose provideduses for which the Premises during December, however1991 were in fact used (collectively, "Vehicle-Related Uses"). (b) During the period ending on the third (3rd) anniversary of the Term Commencement Date, Tenant shall not use any material portion of the Premises for a use other than as described in subsection (a) of this Section without Landlord's consent, which consent Landlord may withhold in Landlord's sole discretion. (c) From and after the third (3rd) anniversary of the Term Commencement Date, Tenant shall be entitled to use all or any portion of the Premises for any lawful use other than as described, or in addition to those described, in subsection (a) of this Section, provided that Tenant shall have received Landlord's consent to such use, which consent Landlord shall not unreasonably withhold (without limitation, it shall not be unreasonable for Landlord to withhold its consent to such use if such use is disreputable, would cause the Premises to become subject to compliance with the remedial provisions of ECRA (or a similar state statute requiring environmental testing and/or remediation) prior to the sale or other transfer of the Premises, upon the occurrence of any assignment of this Lease or sublease of all or part of the Premises, or upon the expiration or sooner termination of this Lease or cessation of operations at the Premises, or would increase in any material respect the risk of environmental contamination of the Premises, and it shall not be unreasonable for Landlord to take into account any material adverse effect of such change in use on contiguous properties owned by Landlord or Affiliates of Landlord, including those which are subject to Group Leases). The parties acknowledge that there is no agreement under this Lease that Tenant shall use all or any portion of the Premises for any particular use or uses during the term of this Lease. Any dispute between the parties under this subsection (c) or subsection (d) shall be determined by ADR as provided in Article 18. (d) Tenant shall not use or occupy or permit the Premises to be used or occupied, nor do or permit anything to be done in or on the Premises, in whole or in part, in a manner which would in any way (i) result in a diminution violates any certificate of more than a de minimis amount in occupancy affecting the value of the Building, Premises; (ii) cause a nuisance violates or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of breaches the provisions of any Permitted Encumbrance recorded easement, restriction or the like affecting the Premises on the date hereof or entered into after the date hereof with the prior consent of Tenant; (iii) violates any present or future law, rule or requirement of any amendmentgovernmental, extension, replacement, public or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to quasi public authority having jurisdiction over the Premises. Notwithstanding anything to the contrary herein contained, ; (iv) makes void or voidable any insurance in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that force with respect to the Permitted Encumbrances and any covenants, restrictions Premises; or agreements hereafter created by (v) constitutes a public or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordprivate nuisance.

Use. Tenant The Premises may use only be used and occupied for general business office purposes (which may include, subject to the terms and conditions of this Lease, the operation of a Fitness Center, as defined below, and a cafeteria in the Premises each operated by Tenant for general office use by its employees and any computer data center invitees) and research and development related to software, electronics and computers and for no other use or purpose or for any other lawful purpose providedunless approved by Landlord in writing, however, the which approval shall not be unreasonably withheld. Tenant shall not comply with all present and future Laws relating to Tenant’s use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance occupancy of the Premises (and make any repairs, alterations or improvements as a data center and in compliance required to comply with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any all such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable Laws to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall extent that such Laws are triggered by (a) Tenant’s particular use of the Premises for (as opposed to general office use in the Premises) or (b) any Alterations and Tenant Improvements (subject to the terms and conditions of Exhibit B)), and shall observe the “Project Rules“ (as defined in Section 27 - Rules and Regulations). Tenant shall have the right to contest any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder alleged requirement to comply with applicable lawslaws in good faith, including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all defenses allowed by Law and the right to appeal any decisions, judgements or rulings to the fullest extent permitted by Law. Without limiting the generality of the foregoing, to the extent Tenant operates a café within the Building or otherwise produces food in the kitchen area, if any, located in the Building, Tenant shall comply with all Laws applicable to such use(s) and shall obtain, maintain and conspicuously display any and all permits, licenses and approvals required by any governmental entity to operate the Premises for such use(s). Landlord shall, as an Operating Cost (but subject to the exclusions on Operating Costs set forth herein) comply with all present and future Laws relating to the Common Areas (and make any repairs, alterations or improvements as required to comply with all such Laws) except to the extent the same arises due to Tenant’s indemnity obligations under this Section 4 specific use of the Premises (other than agreed upon) or arising in connection with any alterations, additions or improvements made in or to the Premises (excluding the Landlord Work), in which event Tenant, not Landlord, shall be directly liable for the costs and expenses thereof. Tenant shall not do, bring, keep or sell anything in or about the Premises that is prohibited by, or that will cause a cancellation of or an increase in the existing premium for, any insurance policy covering the Project or any part thereof. In no event shall Tenant permit the Premises to be occupied or used in any manner that will constitute waste or a nuisance. Without limiting the foregoing, the Premises shall not be used for educational activities (other than for training courses held at the Premises, provided that such training courses (a) do not generate an unusual amount of noise; (b) do not impose an unusual burden on the Building Systems (as defined below) or pose an unreasonable risk to the Building or to the safety or health of its occupants), practice of medicine or any of the healing arts, providing social services, for any governmental use (including embassy or consulate use), or for personnel agency, customer service office, studios for radio, television or other media, travel agency or reservation center operations or uses. Tenant shall not, without the prior consent of Landlord, (i) bring into the Building or the Premises anything that may cause substantial and unreasonable noise, odor or vibration or overload the floors in the Premises or the Building or would have a material adverse effect on any of the heating, ventilating and air-conditioning system (“HVAC System“), mechanical, elevator, plumbing, electrical, fire protection, life safety, security or other systems in the Building (“Building Systems“), or jeopardize the structural integrity of the Building or any part thereof; (ii) connect to the utility systems of the Building any apparatus, machinery or other equipment that would exceed the design specifications therefor; or (iii) connect to any electrical circuit in the Premises any equipment or other load with aggregate electrical power requirements in excess of 90% of the connected load rated capacity of the circuit. Tenant’s use of electricity shall never exceed the safe capacity of the feeders to the Building or the risers or wiring installation of the Building. Tenant agrees to reasonably cooperate with Landlord with respect to any voluntary “green” or sustainable programs with respect to the Premises; provided, however, that notwithstanding anything to the contrary, Tenant shall not be responsible to make any improvements or alterations to the Premises or to replace any equipment or property of Tenant in connection therewith unless Landlord agrees to pay for all costs for such improvements, alterations or replacements. The foregoing sentence shall not apply to Tenant’s construction of the extent initial Tenant Improvements in the title insurance policy obtained by Landlord in connection Premises. Tenant shall comply with its purchase the terms of all easements, recorded covenants, conditions and restrictions relating to Tenant’s use and occupancy of the Premises (and use of the simultaneously issued Lender’s policy Common Areas of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to LandlordProject. Subject to the preceding sentenceany applicable Laws, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees Landlord shall not enter into any new encumbrances or amend or modify any existing encumbrances that with respect would have a material adverse impact on Tenant’s Permitted Use of and/or reasonable access to the Permitted Encumbrances and any covenantsPremises, restrictions materially or agreements hereafter created by adversely increase Tenant’s obligations or consented to by decrease Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord’s rights under this Lease.

Use. Tenant may use the Premises for general office the Permitted Use and any computer data center purpose or for any other lawful purpose providedancillary uses associated therewith, however, in all cases subject to and in compliance with all Laws and Permitted Encumbrances. Tenant shall use the Premises only as provided by and in accordance with all Permitted Encumbrances. Tenant shall not use or occupy the Premises, or any part thereof, nor permit or allow the ​ ​ Premises or any part thereof to be used or occupied, for (x) any purpose or in any manner which is in violation of any Law or a violation of the provisions set forth in Section 28 or any other provision of this Lease or (y) in any manner which violates any certificates of occupancy for the Premises or makes void or voidable any insurance then in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection force with the operation and maintenance respect thereto as is required pursuant to Section 16 hereof. Tenant’s occupancy of the Premises as a data center and will be in compliance with Environmental Law)all Laws and requirements of the insurance required to be maintained hereunder by Tenant, and as otherwise provided in this Lease. In no event Tenant shall neither suffer nor permit the Premises or any portion thereof to be used, or otherwise act or fail to act, in such a manner as (I) might impair Landlord’s title thereto or to any portion thereof, (II) may make possible a claim of adverse use or possession or an implied dedication of the Premises or any portion of the Premises, or (III) may subject the Premises or this Lease to any Encumbrances, other than Permitted Encumbrances. Notwithstanding anything herein to the contrary, Tenant shall not (1) permit any unlawful or immoral practice to be carried on or committed in the Premises; (2) make any use of or allow the Premises to be used for any purpose which shall violate that would invalidate any insurance thereon; (3) deface or damage the Premises; (4) overload the floors, walls or ceilings of the Premises; (5) commit or suffer any material waste in or about the Premises; (6) [INTENTIONALLY DELETED]; or (7) use the Premises for any of the provisions following purposes without the Landlord’s prior consent (in its sole and absolute discretion): (i) bar, nightclub, adult bookstore or video shop or other adult entertainment establishment; (ii) incineration or reduction of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, garbage or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to garbage dumps on the Premises; (iii) mortuary; (iv) fire sale, bankruptcy sale or auction house operation; (v) laundry or dry cleaning plant or laundromat; (vi) gas station; (vii) automobile, truck, trailer or RV repairs on-site; (viii) “flea market”, secondhand, surplus or other “off-price” or deep discount store; (ix) massage parlor; (x) carnival; or (xi) gambling or off-track betting operation. Notwithstanding anything to For the contrary herein containedfirst eighty-four (84) months of the Term (unless this Lease is sooner terminated), in no event Tenant shall Tenant’s use occupy not less than such portion of the Premises for general office as Tenant is occupying immediately prior to the Commencement Date and any computer data center purpose operate its and/or their business(es) on the Premises in violation the ordinary course, except (A) during periods when the Premises may be untenantable by reason of a Permitted Encumbrance fire or other casualty or condemnation or other reasons of Force Majeure (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, during all such periods while the foregoing Premises are untenantable, Tenant shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to strictly comply with applicable lawsthe terms and conditions of Section 19 and Section 20 of this Lease) or (B) during any other periods of construction or remodeling with respect to the same. Without limiting the generality of Notwithstanding the foregoing, Tenant’s indemnity obligations under failure to occupy and operate the Premises in accordance with this Section 4 4(b) shall not apply be a breach of this Lease, so long as and to the extent the title insurance policy obtained such occupation and operation is (x) expressly prohibited by Landlord in connection with its purchase federal banking regulators or (y) prohibited by Law, provided that Tenant shall provide reasonable evidence of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory same to Landlord. Subject Notwithstanding any provision hereof to the preceding sentencecontrary, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord.of this ​ ​

Use. Tenant may (a) The Leased Premises shall be used only for (i) the operation of the Explosion Business, including the explosion bonding of clad metals, and (ii) performance of services pursuant to the Tolling Agreement (together, the “Permitted Use”). SUBTENANT shall not use or occupy the Premises for general office and any computer data center purpose Leased Premises, or permit the same to be used or occupied, for any purpose other lawful purpose than the Permitted Use. In particular, SUBTENANT shall have no rights to mine or extract minerals from any portion of the Leased Premises. Only the Explosion Areas may be used for explosions. (b) In the event SUBTENANT’s operations within the limestone mine situated on the Leased Premises result in necessary removal of rocks from the Blue Stone Mine, SUBTENANT shall pile said rocks so removed in a nearby place to be designated by SUBLANDLORD for disposal by Owners. SUBTENANT shall have no right to the rock thus removed nor to the proceeds therefrom. Owners and SUBLANDLORD shall have the right of egress and ingress in order to remove such rocks at their own risk. (c) SUBTENANT acknowledges that the Blue Stone Mine can become damaged by overuse or improper use, in which case the Blue Stone Mine may be required to be closed or the frequency of explosions performed in the Blue Stone Mine may be required to be limited. As used in this Sublease, “Explosive” means the ammonium nitrate or emulsion explosive material produced by SUBTENANT or such other materials that are approved by SUBLANDLORD from time to time in accordance with the operating procedures used by SUBTENANT, as amended from time to time by SUBTENANT in consultation with and approval from SUBLANDLORD which approval shall not be unreasonably withheld (the “Procedures”). SUBTENANT shall not manufacture, test, use, or destroy any chemical or explosive materials on the Leased Premises, other than the Explosive identified in the Procedures, without the express written consent of SUBLANDLORD, which consent shall not be unreasonably withheld. SUBTENANT shall not use an explosive load in excess of 16,000 pounds per day without the express written consent of SUBLANDLORD, which consent shall not be unreasonably withheld. SUBTENANT agrees to use and maintain the Blue Stone Mine in such a condition that maintains and maximally prolongs its integrity and useful life, provided, however, that SUBTENANT shall have no responsibility to SUBLANDLORD for adverse effects to the Tenant shall not integrity or useful life of the Blue Stone Mine caused by (i) SUBTENANT’s use of Explosives as specified in this paragraph, or (ii) SUBTENANT’s operations according to the Procedures. SUBTENANT agrees to promptly notify SUBLANDLORD of any actions which it knows or reasonably believes may result in, or is likely to have resulted in, soil or groundwater contamination. In addition, SUBTENANT agrees to periodically inspect and repair the Blue Stone Mine, including without limitation the underhangs in the Blue Stone Mine, so that the Blue Stone Mine is (i) maintained in a safe, lawful condition during the term of this Sublease, and (ii) in substantially the same condition at the end of the term of this Sublease as it was at the commencement date of the sublease dated July 22, 1996, between Dupont and SUBTENANT (the “Dupont Sublease”), subject to normal wear and tear. (d) SUBTENANT acknowledges that hazards may be involved in conducting explosions in the Blue Stone Mine, including providing the services under the Tolling Agreement. Accordingly, SUBTENANT agrees to perform all work at the Leased Premises in a careful and workmanlike manner which would (i) result in a diminution of more than a de minimis amount and to take all reasonably necessary precautions in the value processing, handling, transportation, and disposal of the BuildingExplosives, (ii) cause a nuisance to avoid damage to property or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center pollution and in compliance with Environmental Law)all applicable laws, rules and regulations. In no event that regard, SUBTENANT shall the Premises be used for any purpose which shall violate any provide security precautions reasonably required by SUBLANDLORD or Owners to safely process, handle, transport, and dispose of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented Explosives. (e) SUBLANDLORD shall have the right to by Tenant applicable to immediately require the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use suspension of the explosions on the Leased Premises for general office and upon written notice to SUBTENANT, without liability on the part of SUBLANDLORD to SUBTENANT, if at any computer data center purpose time SUBLANDLORD in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation its reasonable judgment determines that SUBTENANT has materially violated any material provision of this Section 47. The right to conduct explosions shall remain suspended until SUBTENANT corrects such violation; provided, however, the foregoing provided that SUBTENANT shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality have a right of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply access to the extent Leased Premises to correct such violations. If SUBTENANT fails to correct any such violation within the title insurance policy obtained by Landlord time periods set forth in connection with its purchase Section 13(a)(iii), an Event of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordDefault shall exist.

Use. Tenant may use the Premises 5.01 The demised premises shall be used solely as and for executive, general office and any computer data center purpose or for any other lawful purpose providedadministrative offices, howeverand all customary ancillary uses (including, without limitation, the installation of a cafeteria for Tenant’s employees and invitees, which shall not be open to the general public) in keeping with the character of the Building. 5.02 Tenant shall not use or permit the Premises use of the demised premises or any part thereof in a manner any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner or in violation of the certificate of occupancy for the demised premises or the Building, and Tenant shall not permit the demised premises or any part thereof to be used in any manner or anything to be done, brought into or kept therein which, in Landlord’s good faith judgment shall impair or interfere with (i) result in a diminution of more than a de minimis amount in the value character, reputation or appearance of the BuildingBuilding as a first class office building, (ii) cause a nuisance any of the Property services or the proper and economic heating, cleaning, air conditioning or other servicing of the Property or the demised premises, or (iii) involve the production or the storage use of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions other areas of the Property by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Property. Tenant shall not install any electrical or other equipment of any Permitted Encumbrance or kind which, in the reasonable judgment of any amendmentLandlord, extension, replacement, or restatement of might cause any such Permitted Encumbrance permitted herebyimpairment, interference, discomfort, inconvenience or any covenants, restrictions annoyance or agreements hereafter created by which might overload the risers or consented to by Tenant applicable to feeders servicing the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use demised premises or other portions of the Premises for general office and any computer data center purpose Building. The factors to be taken into consideration in violation defining Landlord’s reasonableness described in the last sentence of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation Section 4.01 of this Section 4; providedLease shall apply, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject applicable, to the preceding sentence. 5.03 If Tenant exercises the 2nd Floor Expansion Option (as hereinafter defined) or the Offer Space, TENANT SHALL BE OBLIGATED TO INDEMNIFYthen Tenant, DEFEND AND HOLD HARMLESS LANDLORDat its own risk and on a non-exclusive basis, LENDER AND ALL OTHER INDEMNIFIED PARTIESmay use the Building stairways between the demised premises and the 2nd Floor Expansion Space and/or contiguous Offer Space solely to enable Tenant’s employees to access floors comprising the demised premises, FROM ANY AND ALL LOSSESprovided that such use by Tenant (x) has been approved, LIABILITIESif required, PENALTIESby applicable Governmental Authorities and thereafter complies with all Legal Requirements, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE(y) does not disrupt or interfere with the proper and safe operation of the Building by Landlord and (z) does not unreasonably interfere with the occupancy by other tenants of the Building. Tenant agrees that with respect shall make its own security arrangements relating to the Permitted Encumbrances use of such stairways, provided that it shall consult with Landlord regarding such arrangements and any covenants, restrictions or agreements hereafter created by or consented continue to by Tenant, Tenant shall, subject afford Landlord access to the foregoing, observe, perform demised premises and comply such stairways in accordance with and carry out the applicable provisions thereof required therein to be observed and performed by Landlordof this Lease.

Use. (a) Subject to Tenant’s compliance with all zoning ordinances and Legal Requirements (as hereinafter defined), the Premises shall be used only for the purpose of the operation, instillation, maintenance, repair and replacement of telecommunications equipment and its related facilities, collocation with Tenant’s customers, and for general office use (the “Telecommunication Use”), an administration office, computer systems, engineering, data services, receiving, storing, shipping and selling (but limited to wholesale and internet sales) products, materials and merchandise made and/or distributed by Tenant, maintaining a Meet Me Room (as defined in Section 46), which may be used by other internal service providers, provided Tenant shall (1) insure that all third parties who use the Meet Me Room comply with all of the terms and conditions of this lease and (2) remain primarily liable for all of the obligations of the “Tenant” under this Lease, and for such other lawful purposes as may use be incidental thereto; however, no retail sales may be made from the Premises. Tenant shall not conduct or give notice of any auction, liquidation, or going out of business sale on the Premises. The population density within the Premises as a whole shall at no time exceed one person for each 333 rentable square feet of office space in the Premises (not to exceed five percent (5%) of the Premises for general office the purpose of this calculation) and any computer data center purpose or one person for any other lawful purpose provided, however, each 1,000 rentable square feet of non -office space in the Premises. Tenant shall not will use the Premises in a careful, safe and proper manner which would (i) result in a diminution of more than a de minimis amount in and will not commit waste, overload the value floor or structure of the BuildingPremises or subject the Premises to use that would damage the Premises tenant shall not permit any objectionable or unpleasant odors, (ii) cause smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or (iii) involve would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the production Project Subject to Section 43 and all applicable legal Requirements, outside storage, including without limitation, storage of trucks and other vehicles, is prohibited without Landlord’s prior written consent. Tenant shall not do or permit anything to be done in or about the Premises, the Building or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection Project that will unreasonably interfere with the operation rights of other tenants of the Building or the Project or allow the Premises to be used for any unlawful purpose”. Tenant shall not do, permit or suffer in on, or about the Premises the use or sale of any alcoholic liquor without the prior written consent of Landlord (b) Tenant, at its sole expense, shall use and maintenance occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, “Legal Requirements”) The Premises shall not be used as a place of public accommodation under the Americans With Disabilities Act or similar state statutes or local ordinances or any regulations promulgated hereunder, all as may be amended from time to time Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant’s specific use or occupation of the Premises as a data center and in compliance with Environmental Law). In no event shall Tenant will not use or permit the Premises to be used for any purpose which or in any manner (other than Tenant’s permitted use) that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler credits. If any increase in the cost of any insurance on the Premises or the Project is caused by Tenant’s use or occupation of the Premises, or because Tenant vacates the Premises, then Tenant shall violate pay the amount of such increase to Landlord. Any entrance into or occupation of the Premises by Tenant prior to the Commencement Date shall be subject to all obligations of Tenant under this Lease, except for the payment of rent. (c) Tenant and its employees and invitees shall have the non-exclusive right to use, in common with others, any areas designated by Landlord from time to time as common areas for the use and enjoyment of all tenants and occupants of the Project (the “Common Area”), subject to such reasonable rules and regulations as Landlord may promulgate from time to time. Notwithstanding the foregoing, no designation or re-designation by Landlord, nor any of the rules and regulations, will, in Landlord’s reasonable discretion, materially impair the visibility of any signage installed on the exterior of the Building by Tenant pursuant to the terms and provisions of any Permitted Encumbrance this Lease or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable materially impair pedestrian and vehicular access to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord.

Use. (a) Tenant may use the Premises for general office and any computer data center purpose as a retail drug store or for any other lawful purpose provided, however, the Tenant shall so long as such other lawful purpose would not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in have an adverse effect on the value of the BuildingPremises (other than to a de minimis extent), (ii) cause increase (other than to a nuisance de minimis extent) (when compared to a retail drug store) the likelihood that Tenant, Landlord or Landlord's Lender would incur liability under any Environmental Laws (as hereinafter defined), or (iii) involve result in or give rise to any environmental deterioration or degradation of the production or the storage of Hazardous Materials Premises (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as to a data center and in compliance with Environmental Lawde minimis extent). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under that this Section 4 sentence shall not apply with respect to any Permitted Encumbrance in effect on the extent Lease Commencement Date so long as (i) the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable any loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s 's cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject Landlord and Lender in their sole discretion, and (ii) violation of such Permitted Encumbrance could not result in Landlord or Lender suffering (A) any criminal liability, penalty or sanction, (B) any civil liability, penalty or sanction for which Tenant has not made provisions reasonably acceptable to Landlord and Lender, or (C) defeasance or loss of priority of its interest in the preceding sentencePremises; provided, further, however, that TENANT SHALL NONETHELESS BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, shall observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord. (b) Without limiting any rights of Tenant under this Lease, Tenant, subject to Laws (as defined in Article 6), may: keep the Premises open for business on Sundays and/or holidays; and operate on an “extended-hours basis” (defined as being open for business in excess of 110 hours per week).

Use. Tenant may use Seller agrees that the Premises ISO Containers will be used and operated solely in the conduct of its business for general office the Stated Purpose and any computer data center purpose or for any other lawful purpose provided, however, the Tenant shall not use the Premises in a manner which would compliance in all material respects with (i) result in a diminution of more than a de minimis amount in the value of the BuildingApplicable Laws, (ii) cause a nuisance or Approvals; (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation terms of this Section 4Agreement; (iv) applicable manufacturer’s instructions and recommendations, (v) International LNG Container Standards (including applicable health and safety laws and environmental, noise and pollution laws (including notifications and reports) and (vi) required insurance policy terms, conditions and provisions); provided, however, that in the foregoing event of a conflict between any of the priorities noted above, the priority with the lowest roman numeral noted above shall prevail. Buyer shall procure and maintain in effect all licenses, registrations, certificates, permits, approvals and consents required by any Governmental Authority in connection with the ownership of each ISO Container. Seller shall procure and maintain in effect all licenses, registrations, certificates, permits, approvals and consents required by any Governmental Authority in connection with the use and operation of each ISO Container (and in each case in which such license, registration, certificates, permits, approvals and consents are required to be in the name of Buyer, they shall be in the name of Buyer, including those required by environmental, noise and pollution laws). Seller agrees that during the Term, the ISO Containers will at all times prior to a Buyer Termination Event or a Seller Termination Event (as applicable) be and remain in the possession and control of Seller when not in the possession of Buyer. Except as necessary to perform Seller’s obligations under this Agreement, the ISO Containers shall in no way event be construed as limiting used or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality located outside of the foregoingterritorial limits of the State of Hawai’i without the consent of Buyer. Seller shall use and operate the ISO Containers or cause them to be used and operated by qualified personnel authorized by Seller, Tenant’s indemnity obligations under this Section 4 and Seller shall not apply use reasonable precautions to prevent loss or damage to each ISO Container from fire and other hazards. Seller shall use each ISO Container solely for the transportation and storage of LNG pursuant to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordAgreement.

Use. Tenant ▇. ▇▇▇▇▇▇ may use the Premises for general office the applicable permitted use as set forth on Exhibit “B-2” attached hereto and any computer data center purpose or for any other lawful purpose providedall ancillary uses associated therewith, howeverin all cases subject to and in compliance with all Laws and Permitted Encumbrances. Tenant shall use the Premises only as provided by and in accordance with all Permitted Encumbrances, the subject to Landlord’s reservation of rights herein. Tenant shall not use or occupy the Premises, or any part thereof, nor permit or allow the Premises in a manner which would or any part thereof to be used or occupied, for (i) result any purpose or in any manner which is in violation of any Law or a diminution of more than a de minimis amount in the value violation of the Building, provisions set forth in Section 27 or any other provision of this Lease or (ii) cause a nuisance in any manner which violates any certificates of occupancy for the Premises or (iii) involve the production makes void or the storage of Hazardous Materials (other than the storage of Hazardous Materials voidable any insurance then in connection force with the operation and maintenance respect thereto as is required pursuant to Section 15 hereof. Tenant’s occupancy of the Premises as a data center and will be in compliance with Environmental Law)all Laws and insurance requirements, and as otherwise provided in this Lease. In no event Tenant shall neither suffer nor permit the Premises or any portion thereof to be used, or otherwise act or fail to act, in such a manner as (I) might impair Landlord’s title thereto or to any portion thereof, (II) may make possible a claim of adverse use or possession or an implied dedication of the Premises or any portion of the Premises, or (III) may subject the Premises or this Lease to any Encumbrances, other than Permitted Encumbrances. Notwithstanding anything herein to the contrary, Tenant shall not (a) permit any unlawful or immoral practice to be carried on or committed in the Premises; (b) make any use of or allow the Premises to be used for any purpose which shall violate that might invalidate or increase the rate of insurance thereof; (c) deface or injure the Premises; (d) overload the floors, walls or ceilings of the Premises; (e) sell or consume, or allow the sale or consumption of, alcoholic beverages in the Premises; (f) commit or suffer any material waste in or about the Premises; (g) use the Premises in any manner that may diminish the value of the Premises in any material respect; or (h) use the Premises for any of the following purposes without the Landlord’s prior consent (in its sole and absolute discretion): (i) bar, nightclub, adult bookstore or video shop or other adult entertainment establishment; (ii) incineration or reduction of garbage or any garbage dumps on the Premises; (iii) mortuary; (iv) fire sale, bankruptcy sale or auction house operation; (v) gas station; (vi) laundry or dry cleaning plant or laundromat; (vii) automobile, truck, trailer or RV repairs on-site (except for periodic repairs of yard equipment and trailers at the Premises used in connection with Tenant’s operations at the Premises, which Tenant shall have the right to perform, provided such repairs are performed in compliance with Laws and the provisions of this Lease); (viii) “flea market,” secondhand, surplus or other “off-price” or deep discount store (provided this language shall not be construed to limit Tenant’s use of a portion of the Premises for a Big Lots retail store); (ix) massage parlor; (x) carnival; or (xi) gambling or off-track betting operation. B. At all times during the first eight (8) years of the Term, (i) Tenant shall occupy the Premises and (ii) except during periods when the Premises may be untenantable by reason of fire or other casualty or condemnation (provided, however, during all such periods while the Premises are untenantable, Tenant shall strictly comply with the terms and conditions of Section 18 and Section 19 of this Lease), Tenant shall operate its business on the Premises in the ordinary course. C. Tenant will not enter into any Permitted agreements or consent to any transaction or instruments that will create an Encumbrance on the Premises without Landlord’s prior written consent, which may be granted or of withheld in its sole discretion. Tenant shall be responsible for complying with the terms and conditions of, and paying the costs and expenses under, all Encumbrances on the Premises (other than Landlord’s obligations to pay debt service to any amendmentLandlord Mortgagee under any Landlord Mortgage). Tenant shall not, extensionwithout ▇▇▇▇▇▇▇▇’s prior written consent (in Landlord’s sole discretion), replacement, apply for or restatement of otherwise seek or obtain any such Permitted Encumbrance permitted hereby, zoning changes or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable variances with respect to the PremisesProperty. Notwithstanding anything If Landlord desires to seek or obtain any zoning changes or variances with respect to the contrary herein containedProperty, Tenant shall cooperate in no event shall all respects therewith, at Landlord’s request, provided that such zoning change or variance will not prohibit, restrict or otherwise limit Tenant’s use of the Property for its then-current use. Tenant shall use commercially reasonable efforts, at Landlord’s request, to endeavor to secure any estoppels related to an Encumbrance. ▇. ▇▇▇▇▇▇ shall have the right to access and use the Premises for general office and twenty-four (24) hours per day, seven (7) days per week. E. To the extent that there are any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; providedleases, howeversubleases, licenses, occupancy agreements, or similar agreements affecting the foregoing shall in no way be construed Premises as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoingdate hereof, Tenant’s indemnity such agreements shall be treated as if they were subleases, sublicenses, or similar agreements; Tenant shall remain the landlord, licensor, or similar party under such agreements; Tenant shall timely perform all obligations under this Section 4 such agreements; and Tenant shall not apply protect, indemnify, defend and hold harmless all Landlord Indemnified Parties from and against any and all liabilities, obligations, claims, damages, penalties, causes of action, losses, costs, fees and expenses, including without limitation reasonable counsel fees and court costs, to the maximum extent the title insurance policy obtained permitted by Landlord Law, imposed upon, asserted against or suffered or incurred by any Indemnified Party directly or indirectly which arise out of, are occasioned by, or are in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due any way attributable to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect related to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordagreements.

Use. (a) To the extent that Tenant may use Named Herein satisfies the Occupancy Requirement, the Premises for general office and any computer data center purpose or may be used for any other lawful purpose providedthat is consistent with the First Class Standard (as hereinafter defined), including, without limitation, office space, auction house, exhibiting gallery, museum, retail, restaurant, medical office uses, the operation of a hospital facility and uses incidental or ancillary to each of the foregoing uses. (b) To the extent the conditions set forth in SECTION 6(a) are not satisfied, the use of all or any portion of the Premises may not be changed or modified except for the following purposes: office space, auction house, exhibiting gallery, retail, restaurant, medical office use, and uses incidental or ancillary to each of the foregoing uses, and such other commercial uses approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed (it being expressly understood, however, that unless Tenant Named Herein shall be satisfying the Occupancy Requirement, Landlord may in its sole discretion withhold its approval to a change in use involving the operation of a hospital facility practicing around-the-clock care (as opposed to an "outpatient" center for consultation and procedures which will not require patients to remain on the Premises overnight). (c) Notwithstanding anything to the contrary set forth in SECTION 6(a) or SECTION 6(b) above, Tenant shall not use or occupy or suffer the use or occupancy of any part of the Premises in a manner which would (i) result in constituting a diminution of more than a de minimis amount in the value of the Building, Prohibited Use (as hereinafter defined) or (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection inconsistent with the operation and maintenance of First Class Standard. (d) Tenant shall not use or occupy or permit the Premises as a data center and to be used or occupied, nor do or permit anything to be done in compliance with Environmental Law). In no event shall or on the Premises be used for or any purpose which shall part thereof, in a manner that would in any way violate any of the provisions of any Permitted Encumbrance or of any amendmentLaws, extensionzoning ordinances, replacement, or restatement of any such Permitted Encumbrance permitted hereby, Insurance Requirements or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use certificate of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of occupancy affecting the Premises (and as the simultaneously issued Lender’s policy of title insurance) contains affirmative same may be amended), or make void or voidable any insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost then in force with respect thereto, or that may make it impossible to such Permitted Encumbrance on terms and conditions reasonably satisfactory obtain fire or other insurance thereon required to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to be furnished hereunder by Tenant, or that will constitute a Prohibited Use, a public or private nuisance or waste. Nothing contained in this Lease and no action or inaction by Landlord shall be deemed or construed to mean that Landlord has granted to Tenant shallany right, subject power or permission to do any act or to make any agreement that may create, give rise to, or be the foregoingfoundation for, observeany right, perform and comply with and carry out title, interest, lien, charge or other encumbrance upon the provisions thereof required therein to be observed and performed by Landlord.estate of Landlord in the Premises;

Use. Tenant 7.1 Sublessee may use the Premises solely for general office and any computer data center purpose or for any other lawful purpose providedthe Permitted Use, however, the Tenant shall as set forth in Paragraph 1.7 hereof. Sublessee will not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacementpermit, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to suffer the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office any other business or purpose or in any manner or for any use which would violate or contravene the restrictions set forth on Exhibit "F" attached hereto, and Sublessee shall comply with its obligations set forth on Exhibit "G" attached hereto. Sublessee shall not commit waste, perform any computer data center purpose acts or carry on any practice which may injure the Premises or be a nuisance or menace to subtenants in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation the Premises. Without limiting Sublessor's other rights and remedies at law, in equity, under this Sublease or otherwise, if Sublessee violates the terms of this Section 4Paragraph 7, Sublessor shall have the right to injunctive or other equitable relief and, if Sublessor is unsuccessful in obtaining such equitable relief, to recover from Sublessee any damages caused by Sublessee's breach. 7.2 Sublessor acknowledges and agrees that Sublessee will be operating the Premises as a for-profit business, and that so long as Sublessee develops, leases, operates, manages and maintains the Premises in accordance with the provisions of this Sublease, Sublessee shall be entitled to operate the Premises in such manner as to generate revenues and profits and to keep and retain for its own account all revenues and profits generated from the Premises, and to distribute such revenues and profits to its shareholders. 7.3 Sublessee takes the Premises subject to all applicable zoning regulations and ordinances now or hereafter in force including, but not limited to, those as to building line and setback. Sublessee, in its discretion and at its own cost and expense, may, in good faith, institute rezoning proceedings or contest and litigate the validity of any zoning ordinance, rule, regulation, resolution or statute of any governmental body affecting the Premises or Sublessee's use or occupancy thereof; provided, however, the foregoing that Sublessee shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable lawsfirst give Sublessor written notice thereof. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 The Sublessor shall not apply to the extent the title insurance policy obtained execute any and all documents reasonably requested by Landlord Sublessee in connection with its purchase any such proceedings or litigation and which are consistent with the terms and provisions of this Sublease. Sublessee shall indemnify Sublessor from any and all liability which might arise by reason of any such proceedings or litigation. Sublessor agrees to cooperate with and assist Sublessee, but without expense to Sublessor, in preserving and maintaining the inapplicability to the Premises of the zoning regulations and ordinances of Hall County, Georgia or any other municipality or political subdivision. 7.4 Sublessee, at its sole cost and expense, shall comply with all Legal Requirements and shall comply in all material respects with all Insurance Requirements relating to or affecting the Premises, or respecting work performed by Sublessee, and subject to the provisions of Paragraph 33 below, shall procure all permits necessary for the Permitted Use. Sublessor shall cooperate with Sublessee in connection with any Legal Requirements and Insurance Requirements, and shall execute any and all documents reasonably requested by Sublessee which are necessary for Sublessee to obtain permits or otherwise comply with such Legal Requirements and Insurance Requirements. 7.5 In the event that Sublessee and all Recognized Sub-sublessees, if any, cease all operations on the Premises for the entirety of any period of twelve (12) consecutive months during the Term, Sublessor may, as its sole and exclusive remedy for such event, terminate this Sublease by providing ninety (90) days prior written notice to Sublessee and all Recognized Sub-sublessees, if any, and upon payment to Sublessee and all Recognized Sub-sublessees, on or before the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation expiration of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject ninety (90) day period, of an amount equal to the preceding sentenceunamortized costs (based on then current book value and using the straight-line method of depreciation, TENANT SHALL BE OBLIGATED TO INDEMNIFYbased upon useful lives used by Sublessee for tax purposes) of all buildings, DEFEND AND HOLD HARMLESS LANDLORDstructures and improvements constructed upon the Premises by Sublessee or its sub-sublessees, LENDER AND ALL OTHER INDEMNIFIED PARTIESand any unamortized portion of the $9,000,000 payment made by Sublessee to Sublessor contemporaneously with the execution of this Sublease; provided, FROM ANY AND ALL LOSSEShowever, LIABILITIESthat Sublessor shall not be required to pay such unamortized portion of such $9,000,000 payment unless, PENALTIEScontemporaneously with the payment of such sum, ACTIONSSublessee shall convey to Sublessor all of the improvements and personal property conveyed by Sublessor to Sublessee upon the execution of this Sublease, SUITSor replacements thereof, CLAIMSwhich conveyance shall be made by limited warranty deed and ▇▇▇▇ of sale substantially identical to the limited warranty deed and ▇▇▇▇ of sale pursuant to which such improvements and personal property were conveyed to Sublessee. Such improvements and personal property shall be conveyed by Sublessee substantially in the same condition as on the Proration Date, DEMANDSsubject to normal wear and tear, JUDGMENTSdamage by fire or other casualty not required to be restored by Sublessee under the provisions of Paragraph 15 below, DAMAGEScondemnation, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCEobsolescence and damage caused by the gross negligence or wilful misconduct of Sublessor, its agents and employees. Tenant agrees that Upon the date of any such termination, the obligations of Guarantor under the guaranty executed in connection with this Sublease shall automatically be deemed to be terminated with respect to the Permitted Encumbrances period from and after the date of such termination. The provisions of this Paragraph 7.5 shall not apply with respect to any covenantscessation of operations by reason of force majeure (as described in Paragraph 30 below), restrictions by reason of any casualty or agreements hereafter created by condemnation of the improvements on the Premises, or consented to by Tenantin connection with the construction of new improvements, Tenant shall, subject to or the foregoing, observe, perform and comply with and carry out repair or renovation of existing improvements on the provisions thereof required therein to be observed and performed by LandlordPremises.

Use. Tenant may use the 5.1 The Premises shall be used and occupied only for general office and administrative purposes and for no other purpose. 5.2 Sublessor warrants to Sublessee that the Premises, in its existing state but without regard to the use for which Sublessee will use the Premises, does not violate any computer data center purpose applicable building code regulation or for ordinance at the time that this Sublease is executed. In the event that it is determined that this warranty has been violated, then it shall be the obligation of the Sublessor, after written notice from Sublessee, to promptly, at Sublessor's sole cost and expense, rectify any other lawful purpose providedsuch violation. In the event that Sublessee does not give to Sublessor written notice of the violation of this warranty within one (1) year from the Commencement of the Term of this Sublease, howeverit shall be conclusively deemed that such violation did not exist and the correction of the same shall be the obligation of the Sublessee. 5.3 Except as provided in paragraph 5.2 above, Sublessee shall, at Subleessee's expense, comply promptly with all applicable statutes, ordinances, rules, regulations, orders, restrictions of records, and requirements in effect during the Tenant Term or any part of the Term hereof regulating the use by Sublessee of the Premises. Sublessee shall not use or permit the use of the Premises in any manner that will tend to create waste or a manner which would (i) result in a diminution of nuisance or, if there shall be more than a de minimis amount in the value one tenant of the Buildingbuilding containing the Premises, (ii) cause a nuisance or (iii) involve which shall tend to disturb such other tenants. 5.4 Except as provided in paragraph 5.2 above, Sublessee herein accepts the production or Premises in their condition existing as of the storage date of Hazardous Materials (other than the storage execution hereof, subject to all applicable zoning, municipal, county and state laws, ordinances, and regulations governing and regulating the use of Hazardous Materials in connection with the operation Premises, and maintenance of accepts this Sublease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Sublessor represents that no liens have been filed against the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate result of Sublessor's failure to pay or perform any of the provisions of its obligations. Sublessee acknowledges that neither Sublessor nor Sublessor's agent have made any Permitted Encumbrance representation or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable warranty as to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use suitability of the Premises for general office and any computer data center purpose in violation the conduct of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordSublessee's business.

Use. Section 4.01 Tenant may shall use the Premises for general office Demised Properties for, and shall not suffer or permit any computer data center purpose or Person (including any subtenant) to use any of the Demised Properties other than for any Permitted Uses, and the Demised Properties shall be used for no other lawful purpose providedwithout the prior written consent of Landlord, howeverwhich approval may be granted or withheld in the reasonable discretion of Landlord. Section 4.02 Notwithstanding any other provision of this Article, the Tenant shall not use use, or suffer or permit any Person (including any subtenant) to use, the Premises Demised Properties or any portion thereof for any purpose in violation of any applicable Law, or in violation of any covenants or restrictions of record. From the Commencement Date and thereafter throughout the Lease Term, Tenant shall conduct its business in a commercially reasonable and reputable manner which would (i) result in a diminution of more than a de minimis amount in the value with respect to each of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center Demised Properties and in compliance with Environmental Law)the terms and provisions of this Lease. In no event Tenant covenants not Abandon any Demised Property, except in accordance with the terms hereof. Tenant shall the Premises be used for permitted to Abandon any purpose which shall violate any Demised Property (i) if such Demised Property is being Abandoned as a result of the provisions of any Permitted Encumbrance merger or of any amendment, extension, replacement, or restatement consolidation of any such Permitted Encumbrance permitted herebyDemised Property with another property owned, leased or utilized by Tenant or any Affiliate thereof, or (ii) for any covenantsreason other than the reason set forth in clause (i), restrictions or agreements hereafter created in either case, so long as the total number of such Abandoned Demised Properties, together with all other Replaced Properties, shall not exceed the Replacement Cap (as hereinafter defined); and provided that, in either case, (a) Tenant provides Landlord with thirty (30) days prior written notice of its intent to Abandon any Demised Property and (b) Tenant shall replace any such Abandoned Demised Property with a Replacement Property, in accordance with Article 31, no later than the earlier of (y) twelve (12) months after any such Demised Property is first Abandoned and (z) the date on which the existing use of such Demised Property (as of the date hereof) would no longer be permitted by or consented to by Tenant applicable Law (including pursuant to the Premisesterms of any special use permit) by virtue of the discontinuance of such use at such Demised Property. Notwithstanding anything to the contrary herein containedcontained herein, in Tenant shall be permitted to cease operations at no event shall Tenant’s use more than twenty five percent (25%) of the Premises total number of Demised Properties for general office no more than thirty six (36) consecutive months for each such Demised Property, and such temporary cessation shall not be deemed and Abandonment of any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4such Demised Property; provided, however(x) Tenant notifies Landlord of such temporary cessation, (y) Tenant, during such period, continues to maintain any such Demised Property and all Building Equipment located thereon in good working order and condition, as if such Building Equipment and Demised Property were regularly utilized and (z) such cessation would not result in the foregoing existing use of such Demised Property (as of the date hereof) no longer being permitted by Law (including pursuant to the terms of any special use permit). The character of the occupancy of the Demised Properties is an additional consideration and a material inducement for the granting of this Lease by Landlord to Tenant. Section 4.03 Notwithstanding anything to the contrary contained herein, Tenant shall be permitted to move any of the Original Movable Building Equipment, or any other movable Building Equipment located on any of the Demised Properties from and after the date hereof, off of the applicable Demised Property where it currently or, in no way the future, resides to any other facility owned, leased or utilized by Tenant or an Affiliate thereof (each such move shall be construed referred to herein as limiting or otherwise modifying an “Equipment Relocation”); provided, (i) such Equipment Relocation is done in the ordinary course of Tenant’s obligations hereunder to comply with applicable laws. Without limiting business, and (ii) Tenant shall ensure that substantially the generality same number and general type of Original Movable Building Equipment is located at each Demised Property at the expiration (or sooner termination) of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to Lease Term and is operational in substantially the extent same manner and at substantially the title insurance policy obtained by Landlord in connection with its purchase same capacity as was present on each Demised Property as of the Premises date hereof, as evidenced by the list of Original Movable Building Equipment set forth on Schedule 2 (the result being that the Building Equipment located on the Demised Properties at the expiration (or sooner termination) of the Lease Term shall reflect substantially the same number and general type of Building Equipment as would otherwise be present thereon if the simultaneously issued Lender’s Original Movable Building Equipment had never been subject to an Equipment Relocation). Section 4.04 Promptly following the Commencement Date, Tenant covenants to take such reasonable actions and efforts to cure the violations noted in Schedule 4.04 attached hereto and made a part hereof, and to diligently and in good faith proceed with and continue the curing of such violations until fully cured. Upon such cure, Tenant shall provide evidence reasonably satisfactory to Landlord that such violations have been cured. Section 4.05 Tenant shall use commercially reasonable efforts to either (i) enter into a tenancy-in-common agreement with ▇▇▇▇▇▇ Aggregates, LLC, a Delaware limited liability company (the “Houston TIC Entity”), as the entity that owns an undivided 1⁄2 interest in Parcels 5 and 6 of that certain Demised Property located at the address commonly known as ▇▇▇▇▇ ▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇ (the “Houston Property”), as evidenced by that certain owners policy of title insuranceinsurance issued by ▇▇▇▇▇▇▇ (as hereinafter defined) contains affirmative insurance against covering the applicable loss arising due Houston Property, which tenancy-in-common agreement shall be in a form reasonably acceptable Landlord, Tenant and the Houston TIC Entity, and shall provide that (A) the Houston TIC Entity shall, notwithstanding its interest in the Houston Property, not impede Landlord’s or Tenant’s (together with their successors and/or assigns) access to a violation of such Permitted Encumbrance the Houston Property and (B) the costs and other matters relating to the driveway shall be governed by the existing Houston Easement (as defined in Schedule 1) or if such affirmative title insurance is subsequently provided (ii) cause the Houston TIC Entity to convey Houston TIC Entity’s interest in the shared driveway to Landlord and Lender at Tenant’s cost with respect amend the term of the Houston Easement to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to a perpetual term. Section 4.06 Without limitation, no provision of this Article 4 shall limit any of the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. covenants of Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordcontained in Article 22.

Use. Tenuiopweqant agrees that during the term of this Lease, Demised Premises shall be used and occupied only for office use, research, development and light assembly offices incidental thereto and for parking incidental thereto, and for no other purposes without the prior written consent of Landlord. The Tenant agrees to indemnify, hold harmless and defend the Landlord, its successors and assigns, from and against any loss, damage, claims, expenses or liability in connection with contamination for which the Tenant is responsible or that results from the failure of the Tenant to carry out its obligation under the Lease. Tenant agrees that during the term of this Lease and, notwithstanding anything in the immediately preceding sentence contained to the contrary: no use may be made of the Demised Premises which may reasonably be expected to attract parking, loading or unloading in excess of the facilities constructed therefore upon the Entire Parcel; neither Tenant nor any person claiming under Tenant shall impede ingress or egress to, or use the Premises for general office and any computer data center purpose or for any other lawful purpose provided, howeverof, the loading areas of the Entire Parcel; no nuisance or waste shall be permitted in, upon or about the Demised Premises; no use or business shall be permitted or conducted in, upon or about the Demised Premises which shall be unlawful, improper, noisy or offensive, or contrary to any law, ordinance, regulation or requirement of any public authority or insurance inspection or rating bureau or similar organization having jurisdiction; the Demised Premises including, without limitation, any of the mechanical systems thereof, shall not be overloaded, damaged or defaced; Tenant shall not drill or make any holes in the stone or brickwork or any of the walls or ceilings of the Demised Premises; the utilities conduits in the Demised Premises shall not be overloaded or used for any purposes other than the purposes for which originally constructed; no foreign objects shall be deposited in the plumbing facilities of the Demised Premises; no ladders shall be placed against the flashing upon the perimeter of the Building; Tenant shall not permit the emission of any objectionable noise, smoke, fumes, dust or odor from the Demised Premises; Tenant shall procure all licenses and permits which may be required for any use made of the Demised Premises; all waste and refuse shall be stored in and removed from the Demised Premises in a manner accordance with rules and regulations therefore as may be prescribed by Landlord and consistent with all local, state and federal regulations that may apply; and no sign may be installed upon the Demised Premises which would (i) result in a diminution of more than a de minimis amount in is visible from the value exterior of the Building, (ii) cause a nuisance or (iii) involve without the production or consent of Landlord, except that one sign shall be erected upon the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance exterior of the Demised Premises which will be the type utilizing individual letters such as a data center those in Landlord's Hopkinton Technology Park having letters not to exceed one foot in height and if Tenant includes an insignia in compliance with Environmental Law). In no event such sign, such insignia shall be separate and not over two feet in height and width at the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office highest and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordwidest points.

Use. Tenant may use Section 3.1 Subject to the Premises for general office and any computer data center purpose or for any other lawful purpose provided, howevernext sentence, the Tenant shall not use the Demised Premises in a manner which would may be used and (i) result introduce any new uses of the Demised Premises in a diminution of more than a de minimis amount addition to those for which the Demised Premises was being used in the value of sixty (60) day period prior to the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials Commencement Date (other than the storage of Hazardous Materials in connection with the operation and maintenance Third Floor Work); (ii) introduce any new occupants of the Third Floor Unit (other than persons engaged in the Third Floor Work) in addition to those who occupied the Demised Premises in the sixty (60) day period prior to the Commencement Date; or (iii) install any new equipment or fixtures in the Demised Premises (other than as a data center and in compliance with Environmental Lawpart of the Third Floor Work). In no event addition, Tenant shall use and occupy the Demised Premises solely (x) to wind down those uses for which the Demised Premises was used during the sixty (60) day period prior to the Commencement Date and (y) to complete the Third Floor Work. Tenant shall not use, or permit the use of, the Demised Premises or any part thereof for any purpose, except as otherwise expressly provided in this Lease. Section 3.2 Tenant shall not suffer or permit the Demised Premises or any part thereof to be used for in any purpose manner, or anything to be done therein, or suffer or permit anything to be brought into or kept therein, which shall would in any way (i) violate any of the provisions of any Permitted Encumbrance the Declaration or of any amendmentof the provisions (of which Tenant shall have received actual notice and which shall not materially adversely affect Tenant’s interest under this Lease) of any lease or mortgage to which this Lease is then subordinate, extension(ii) violate any Legal Requirements (subject to the right to contest such requirements as provided in Article 9), replacement(iii) subject to the provisions of the Declaration, make void or voidable, or restatement make it impossible or extraordinarily difficult to obtain New York standard form fire, with extended coverage, liability, elevator, boiler or other insurance customarily carried by prudent operators or tenants of any such Permitted Encumbrance permitted herebycomparable office buildings in midtown Manhattan or required to be carried by the Declaration, (iv) cause structural injury to the Building or any covenantspart thereof, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”v) constitute a violation of this Section 4; providedpublic or private nuisance or (vi) impair the appearance, however, the foregoing shall in no way be construed as limiting character or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality reputation of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordBuilding.

Use. (a) Tenant may shall have access to the Premises twenty-four (24) hours per day, three hundred sixty-five (365) days per year. Tenant shall occupy and use the Premises only for general laboratory, research and development, biological manufacturing, and research-related functions, including but not limited to examinations and interviews of trial participants, donor specimen collection, and patient care and interaction (but in no event may Tenant conduct Phase I-IIA clinical research trials for unaffiliated third panics), and office purposes that promote, encourage and any computer data center purpose stimulate medical educational programs of the University of Miami through translational research that is academically related to or for any ancillary to the academic function of the University of Miami, including research in the natural, social and biological sciences, and including office use and other lawful purpose providedfacilities incidental or ancillary to such activities. All permitted uses shall comply with Legal Requirements relating to the use, howevercondition, access to and occupancy of the Premises. Tenant agrees to conduct its business in the manner and according to the generally accepted business principles of the business or profession in which Tenant is engaged. In all events, the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance uses of the Premises as a data center and shall remain consistent with those of other facilities within the Park. Any material change in compliance with Environmental Law). In no event use shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable subject to the Premises. Landlord’s review and reasonable approval. (b) Notwithstanding anything to the contrary herein containedprovided in this Section 5, Tenant shall not use or occupy the Premises or any portion thereof, permit or suffer the same to be used or occupied and/or do, or permit or suffer anything so be done, in no event shall Tenant’s or on the Premises or any part thereof, that would, in any manner or respect: (i) violate any certificate of occupancy or Legal Requirement in force relating to the Premises or the Rules (as hereinafter defined) or cause an unreasonable amount of use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to services provided in the extent the title Building; (ii) make void or voidable any insurance policy obtained by Landlord then in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that force with respect to the Permitted Encumbrances Premises, or render it impracticable to obtain fire or other insurance thereon required to be furnished by Landlord or Tenant under this Lease; (iii) cause structural or other injury to the Premises or the Property (or any portion thereof), or constitute a private or public nuisance or waste; (iv) render the Premises incapable of being used or occupied after the expiration or sooner Termination of the Term of this Lease for the purposes for which the same were permitted to be used and occupied on the day upon which Tenant shall first open the Premises for business to the public, except for ordinary wear and tear and damage by fire or other casualty and repairs for which Tenant is not responsible under this Lease; (v) violate the provisions of Section 8 hereof; and/or (vi) violate the Ground Lease, the REA or any covenantsother recorded document affecting the use and occupancy of the Building. (c) Landlord has financed, restrictions or agreements hereafter created may in the future finance from time to time, all or a portion of the construction of certain improvements on portions of the Property (or other property owned or leased by Landlord or consented its affiliates in the vicinity of the Property) with certain loans and/or grants that require Landlord to by Tenantsubmit reports and information to the lending and/or granting organization. For this purpose, Tenant shallhereby agrees (i) to fully and accurately complete and deliver to Landlord as reasonably requested, subject within a reasonable time after written request by Landlord, such reports and/or other commercially reasonable information (including, without limitation, employee counts and anonymous general salary information regarding Tenant’s employees at the Premises, but not salary information for particular persons) as may be required by the aforementioned lending and/or granting organization(s) from time to time, and (ii) to cooperate with Landlord in complying with the commercially reasonable requirements of such loans and/or grants and to provide any commercially reasonable information related thereto and requested by Landlord from time to time within a reasonable time after reasonable written request therefor. An example of a form currently required to be provided to a lending or granting institution is attached hereto as Exhibit G. (d) In addition to the foregoinggeneral requirements set forth above, observeTenant shall not use, perform operate, maintain or alter the Premises, or allow or suffer the actions of third parties in their use, operation, maintenance or alteration of the Premises, so as to violate the Tax Credit Requirements, as defined and comply with and carry out set forth below. (i) The terms that follow have the provisions thereof required therein to be observed and performed by Landlord.indicated definitions:

Use. Subject to the restrictions set forth in Section 7.1, Tenant ----------- shall use the Premises solely for executive, professional, corporate or administrative offices (the "Permitted Use"). So long as ▇▇▇▇▇▇▇▇▇▇.▇▇▇, Inc. or a Permitted Transferee is the tenant hereunder, Tenant may use the Premises for general office the following ancillary uses if such uses are allowed by law and any computer provided such ancillary uses are related to Tenant's internal operations or are offered only to Tenant's employees: a call center, data center (including without limitation computer server and data warehousing rooms and with custom HVAC and construction requirements to be provided by Tenant at its sole cost and expense), employee lunch room with accommodations for catering and food kiosks operated by or contracted for by Tenant, day care facility (for children of Tenant's employees only) operated by or contracted for by Tenant, exercise and shower facilities for Tenant's employees only, electrical and telecommunications closets on each floor with risers between floors for cabling, telecommunications and back-up power supply facilities, a company store and/or concierge service for Tenant's employees (the "Expanded Uses") and for no other use or purpose without Landlord's prior written consent, which may be withheld or for any other lawful purpose providedconditioned in ▇▇▇▇▇▇▇▇'s sole discretion. Notwithstanding the foregoing, however, Tenant may enter into Transfers (as defined in Section 8.1 below) that permit the Tenant shall not Transferees to ----------- use the Premises for Expanded Uses, provided that (a) no individual Transferee may use more than twenty-five percent (25%) of its transferred space for Expanded Uses, and (b) all Transferees collectively may not use more than twenty-five percent (25%) of the total transferred space for Expanded Uses. Landlord makes no representation or warranty that the Premises may be used or are suitable for any of the Expanded Uses and Tenant shall have no right to seek any land use variance to allow any Expanded Use without Landlord's prior approval. Landlord shall not be required to construct the Building or the Project to accommodate any Expanded Use, and any modification or alteration of the Building or the Premises to accommodate such uses shall be subject to Landlord's prior written consent and shall be performed at Tenant's sole cost and expense. Notwithstanding the foregoing, for the purpose of limiting the type of use permitted by Tenant, or any party claiming through Tenant, but without limiting Landlord's right to lease any portion of the Project to a tenant of Landlord's choice, the Permitted Use shall not include: (a) offices of any agency or bureau of the United States or any state or political subdivision thereof; (b) offices or agencies of any foreign government or political subdivision thereof; (c) offices of any health care professionals or service organization, except for administrative offices where no diagnostic, treatment or laboratory services are performed; (d) schools or other training facilities that are not ancillary to executive, professional or corporate administrative office use; (e) retail or restaurant uses except as provided above; (f) broadcast studios or other broadcast production facilities, such as radio and/or television stations, except for internal corporate communications; (g) product display or demonstration facilities except interior displays directed at Tenant's employees and guests and not visible from outside the Building; (h) offices at which deposits or bills are regularly paid in a manner which would person by customers; or (i) result in a diminution personnel agencies, except offices of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordexecutive search firms.

Use. The Tenant may must not use the Premises for general office and any computer data center purpose or Property for any purpose other lawful purpose provided, however, than the Permitted Use. The Tenant must keep the Property open for trading during the Minimum Trading Hours. Except that the Tenant shall not be required to be open for trading in any period during which: the Tenant (or any authorised undertenant or occupier) is carrying out any alterations to the Property that are permitted or required by this lease; the Tenant has vacated the Property in anticipation of an authorised assignment of this lease; it is not possible to occupy or access the Property following damage to or destruction of the Centre by an Insured Risk or an Uninsured Risk; or occupation or trading would result in a breach of any other provision of this lease. The Tenant must not: use the Premises Property for any illegal purposes nor for any purpose or in a manner which that would (i) result in a diminution of more than a de minimis amount in cause loss, damage, injury, nuisance or inconvenience to the value Landlord, the other tenants or occupiers of the BuildingCentre or any property that neighbours the Centre; use the Property as a betting shop or an amusement arcade or otherwise for the purposes of gaming or gambling; hold any auction at the Property; overload any part of the Centre nor overload or block any Service Media at or serving the Property; store, sell or display any offensive, dangerous, illegal, explosive or highly flammable items at the Property; hold a food hygiene raring of less than 3 (ii) cause a nuisance to be clearly displayed at all times); except as permitted by the Rights and 1720.5 interfere with any Service Media at the Centre; allow any person to sleep at or (iii) involve reside on the production Property. The Tenant must observe all reasonable and proper regulations made by the Landlord from time to time in accordance with the principles of good estate management and notified to the Tenant relating to the use of the Centre, the Landlord's Neighbouring Property and any other neighbouring or adjoining property provided that: such regulations do not materially interfere with the storage Tenant's use of Hazardous Materials (the Property for the Permitted Use and the Tenant's exercise of the Rights; and if there is any conflict between such regulations and the terms of this lease, the terms of this lease shall prevail. The Tenant must: not use any other than part of the storage of Hazardous Materials Centre in connection with the operation loading and maintenance delivery of the Premises as a data center goods and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable materials to the Premises. Notwithstanding anything Property except via the access corridor from the entrance to the contrary herein containedstart of their demised (edged orange on the access plan) and yard area. only load or unload vehicles in the yard area; not obstruct the Service Area, in no event shall Tenant’s use of the Premises for general office Service Roads and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (Service Accesses and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordFacilities.

Use. (a) Tenant may use the Premises for general office the purpose of constructing, installing, removing, replacing, maintaining and any computer data center purpose or for any other lawful purpose providedoperating a communications facility including a one hundred fifty (150) foot tower, howeversubject to such modifications and alterations as required by Tenant (collectively, the “Communications Facility”), provided that Tenant shall not use be required or permitted to occupy the Premises Premises. The Communications Facility may include, without limitation, a tower, antenna arrays, dishes, cables, wires, temporary cell sites, equipment shelters and buildings, electronics equipment, generators, and other accessories. Owner shall provide Tenant with twenty – four (24) hour, seven (7) day a week, year-round access to the Property. Tenant shall have the right to park its vehicles on Owner’s Property when Tenant is constructing, removing, replacing, and/or servicing its Communications Facility, but only in a manner which would does not interfere with or impede Owner’s use of Owner’s Property which is not subject to this Agreement (ib) result Owner shall timely pay all real property taxes and assessments against the Owner’s Property. Tenant shall pay any increase in real property taxes, directly or via reimbursement to Owner, attributed to the Premises and any improvements thereon upon receipt from Owner of a diminution copy of more than a de minimis amount in said tax ▇▇▇▇ evidencing such an increase. Tenant shall pay all personal property taxes attributed to the value of Premises and any improvements thereon. (c) Tenant, its agents and contractors, are hereby granted the Buildingright, (ii) cause a nuisance at its sole cost and expense, to enter upon the Owner’s Property and conduct such studies, as Tenant deems necessary to determine the Premises’ suitability for Tenant’s intended use. These studies may include surveys, soil tests, environmental evaluations, radio wave propagation measurements, field strength tests and such other analyses and studies, as Tenant deems necessary or (iii) involve desirable or as may be required by any governmental entity which has approval or permitting jurisdiction over the production Premises or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law)intended use. In no event Tenant shall the Premises not be used for liable to Owner or any purpose which shall violate any of the provisions third party on account of any Permitted Encumbrance pre-existing defect or of any amendmentcondition on or with respect to Owner’s Property, extension, replacement, whether or restatement of any not such Permitted Encumbrance permitted hereby, defect or any covenants, restrictions or agreements hereafter created condition is disclosed by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s analyses. (d) Throughout the term of this Agreement, Owner shall cooperate with Tenant and execute all documents required to permit Tenant’s intended use of the Premises in compliance with zoning, land use, utility service, and for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply building regulations except to the extent that Owner (or any of Owner’s Boards, employees and/or representatives) has approval and/or permitting jurisdiction over the title insurance policy obtained by Landlord in connection with its purchase intended use of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Premises. Owner shall not take any action that would adversely affect Tenant’s cost with respect obtaining or maintaining any governmental approval. (e) Owner shall have the right to such Permitted Encumbrance lease space on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Communications Facility from Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform following conditions: (i) Owner shall submit an application on Tenant’s form detailing the equipment Owner would like to install; (ii) approval of the application shall be subject to the space being available at the time of the application and comply with and carry out the provisions thereof required therein structural capacity being available to be observed determined by Tenant’s structural engineering vendor with the costs of the analysis to be paid by Owner; (iii) prior to installing any equipment, Owner, as “lessee” shall execute a tower lease agreement with Tenant, as “lessor” and performed shall provide Tenant with detailed plans and specifications and a certificate of insurance from the contractor performing the installation for Owner. The aforementioned lease agreement shall not include any obligation on the part of Owner to pay rent to Tenant and Owner agrees that despite the execution of the “sublease” for Owner’s use, Tenant shall not be required to pay any amounts otherwise required by LandlordSection 4(b) for the installation by “Subtenants.” Owner further acknowledges that Owner will be utilizing tower capacity that would otherwise be available to lease to Subtenants who would be paying rent to Tenant, and therefore, Tenant shall be permitted to include a reasonable amount of tower capacity for up to three (3) Subtenants, besides Owner, when ordering Owner’s structural analysis.

Use. Tenant may (a) The Leased Premises shall be used only for (i) the operation of the Explosion Business, including the explosion bonding of clad metals, and (ii) performance of services pursuant to the Tolling Agreement (together, the “Permitted Use”). SUBTENANT shall not use or occupy the Premises for general office and any computer data center purpose Leased Premises, or permit the same to be used or occupied, for any purpose other lawful purpose than the Permitted Use. In particular, SUBTENANT shall have no rights to mine or extract minerals from any portion of the Leased Premises. Only the Explosion Areas may be used for explosions. (b) In the event SUBTENANT’s operations within the limestone mine situated on the Leased Premises result in necessary removal of rocks from the Blue Stone Mine, SUBTENANT shall pile said rocks so removed in a nearby place to be designated by SUBLANDLORD for disposal by Owners. SUBTENANT shall have no right to the rock thus removed nor to the proceeds therefrom. Owners and SUBLANDLORD shall have the right of egress and ingress in order to remove such rocks at their own risk. (c) SUBTENANT acknowledges that the Blue Stone Mine can become damaged by overuse or improper use, in which case the Blue Stone Mine may be required to be closed or the frequency of explosions performed in the Blue Stone Mine may be required to be limited. In order to prolong the life of the Blue Stone Mine, SUBTENANT agrees to use no more than 17,500 lbs. of Explosive (as hereinafter defined) per detonation. As used in this Sublease, “Explosive” means the ammonium nitrate explosive material produced by SUBTENANT or such other materials that are approved by SUBLANDLORD from time to time in accordance with the operating procedures used by SUBTENANT, as amended from time to time by SUBTENANT in consultation with and approval from SUBLANDLORD which approval shall not be unreasonably withheld (the “Procedures”). SUBTENANT shall not manufacture, test, use, or destroy any chemical or explosive materials on the Leased Premises, other than the Explosive identified in the Procedures, without the express written consent of SUBLANDLORD, which consent shall not be unreasonably withheld. SUBTENANT agrees to use and maintain the Blue Stone Mine in such a condition that maintains and maximally prolongs its integrity and useful life, provided, however, that SUBTENANT shall have no responsibility to SUBLANDLORD for adverse effects to the Tenant shall not integrity or useful life of the Blue Stone Mine caused by (i) SUBTENANT’s use of Explosives as specified in this paragraph, or (ii) SUBTENANT’s operations according to the Procedures. SUBTENANT agrees to promptly notify SUBLANDLORD of any actions which it knows or reasonably believes may result in, or is likely to have resulted in, soil or groundwater contamination. In addition, SUBTENANT agrees to periodically inspect and repair the Blue Stone Mine, including without limitation the underhangs in the Blue Stone Mine, so that the Blue Stone Mine is (i) maintained in a safe, lawful condition during the term of this Sublease, and (ii) in substantially the same condition at the end of the term of this Sublease as it was at the commencement date of the DuPont Sublease, subject to normal wear and tear. (d) SUBTENANT acknowledges that hazards may be involved in conducting explosions in the Blue Stone Mine, including providing the services under the Tolling Agreement. Accordingly, SUBTENANT agrees to perform all work at the Leased Premises in a careful and workmanlike manner which would (i) result in a diminution of more than a de minimis amount and to take all reasonably necessary precautions in the value processing, handling, transportation, and disposal of the BuildingExplosives, (ii) cause a nuisance to avoid damage to property or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center pollution and in compliance with Environmental Law)all applicable laws, rules and regulations. In no event that regard, SUBTENANT shall the Premises be used for any purpose which shall violate any provide security precautions reasonably required by SUBLANDLORD or Owners to safely process, handle, transport, and dispose of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented Explosives. (e) SUBLANDLORD shall have the right to by Tenant applicable to immediately require the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use suspension of the explosions on the Leased Premises for general office and upon written notice to SUBTENANT, without liability on the part of SUBLANDLORD to SUBTENANT, if at any computer data center purpose time SUBLANDLORD in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation its reasonable judgment determines that SUBTENANT has materially violated any material provision of this Section 47. The right to conduct explosions should remain suspended until SUBTENANT corrects such violation; provided, however, the foregoing provided that SUBTENANT shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality have a right of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply access to the extent Leased Premises to correct such violations. If SUBTENANT fails to correct any such violation within the title insurance policy obtained by Landlord time periods set forth in connection with its purchase Section 13(a)(iii), an Event of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordDefault shall exist.

Use. (a) Tenant may use the Premises for general office and any computer data center purpose or for any other lawful purpose provided, however, Permitted Use (defined hereinafter). “Permitted Use” shall mean the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as facility for the storage and manufacturing of plastic containers (including office operations of Tenant and/or its affiliates) or any other lawful use that is not a data center Prohibited Use (as defined hereinafter). As used herein, “Prohibited Use” means a use of all or a portion of the Premises for any of the following: (i) any nightclub, bar or discotheque; (ii) any adult bookstore or video shop, nude or semi-nude or “adult” entertainment establishment or any lewd, obscene or pornographic purpose; (iii) any store in which a material portion of the inventory is not available for sale or rental to children under 18 years of age because such inventory explicitly deals with, relates to, or depicts human sexuality, or in which any of the inventory constitutes drug paraphernalia of the kind associated with or sold by so-called “head shops”; (iv) any dumping, disposing, incineration or reduction of garbage (exclusive of appropriately screened dumpsters and/or recycling bins and garbage disposal in compliance the ordinary course of business); (v) any mortuary; (vi) any gas station; (vii) any central laundry or dry cleaning plant or laundromat; (viii) any automobile, truck, trailer or RV sales, leasing, display or repair; (ix) any gambling or off-track betting operation; or any massage parlor or carnival. Landlord and its agents and designees may enter upon and examine the Premises at reasonable times with Environmental Law)reasonable advance notice and show the Premises to prospective purchasers, mortgagees or tenants as long as such examination or showing shall not unreasonably interfere with the business operations of Tenant on the Premises. In no event shall the Premises or any portion thereof be used for any purpose which other than a Permitted Use. Tenant shall not use, occupy or permit the Premises to be used or occupied, nor do or permit anything to be done in or on the Premises in a manner that would (i) violate any certificate of the provisions of any Permitted Encumbrance occupancy or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of equivalent certificate affecting the Premises for general office and or violate any computer data center purpose in violation of a Permitted Encumbrance zoning or other law, ordinance or regulation governing the Premises or (a “Planned Use Violation”ii) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting public or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance private nuisance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordwaste.

Use. (a) Tenant may shall use the Premises solely for general office the purpose of conducting the Permitted Uses and Tenant shall not use or permit or suffer the use of the Premises or any computer data center part thereof for’ any other purpose. Tenant acknowledges and agrees that the Permitted Uses of the Premises set forth herein are a critical element of the bargain of the parties hereto and that actual and substantial detriment will result to Landlord and the other tenants and occupants of the Premises in the event that a change or deviation in such uses shall occur or be permitted without the express written consents herein required. RM:6995119:7 Village Center Lease Agreement Initials: L: , T: (b) Intentionally Deleted. (c) Tenant shall cause all loading and unloading of goods to be done only at such times and in such areas and through such entrances as may be designated for such purposes by Landlord. The delivery and shipping of merchandise, supplies and fixtures t0 and from the Premises shall be subject to such additional rules and regulations as Landlord, in the exercise of its reasonable discretion, shall consider necessary or desirable for the proper operation of the Premises and/or the Village Center. (d) Tenant shall not at any time: (i) operate its business under this Lease so as to violate any of the Prohibited Uses or in violation of the commercial charter (see Article 6.05); (ii) sell or permit the sale of alcoholic beverages on the Premises, unless the same is included in the Permitted Uses and appropriate licenses and insurance coverage has been secured and documentation thereof has been received by Landlord; (iii) use the Common Areas for the sale or display of any merchandise, for solicitations or demonstrations, or for any other business, occupation, undertaking or activity and Tenant shall not place or permit any obstruction in such areas or in any hallway, passageway, corridor or vestibule; (iv) erect or maintain any scaffolding which may obscure the signs, or show windows of any other tenant in the Village Center, or which may tend to interfere with any such other tenant’s business; (v) use, or permit or suffer the use of. any portion of the Premises for any unlawful purpose or for any other lawful purpose provided, however, the Tenant shall not use activity which violates any certificate of occupancy affecting the Premises or the Village Center or which is of a type which is not reasonably appropriate for the Village Center: (vi) burn trash or, except for the use of Dumpsters or other types of receptacles designated from time to time by Landlord (or any applicable public authority or trash removal agency or company) located in a manner which would (i) result screened or enclosed area, store any trash or garbage in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (any area other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of inside the Premises (and Tenant shall attend to the simultaneously issued Lender’s policy daily disposal of title insurance) contains affirmative insurance against trash in the applicable loss arising due to a violation of such Permitted Encumbrance manner, at the times, and by the agency or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to company designated by the Landlord. Subject to Tenant shall flatten or otherwise break down all boxes and/or other packaging before depositing same into the preceding sentencetrash receptacles; (vii) park, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by permit or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein suffer to be observed parked in Village Center, trucks or other delivery vehicles in areas in which Landlord has prohibited such parking: (viii) suffer, permit or commit any waste or any public or private nuisance or other act or thing in the Premises which may constitute a menace, nuisance or unreasonably causes a disturbance to any cither tenant or occupant in the Village Center; (ix) permit any coin or token operated vending or amusement machine or similar device or pay telephone in the Premises; (x) produce or create obnoxious fumes or odors, or otherwise cause unreasonable interference with any other tenant of the Village Center; (xi) use. or permit or suffer the use of, any machines or equipment in the Premises which cause vibration that may damage the Premises or any part thereof or the building of which the Premises form a part or that may be transmitted to and performed by heard from any other building or premises in the Village Center, or in any part of the Common Areas; or (xii) install any phonograph, radio, television, loud speakers or other similar device on the Premises that can be b▇▇▇▇ from any other premises or building in the Village Center without first obtaining in each instance Landlord’s consent in writing, or permit its music or any other sounds in the Premises to be heard outside of the Premises, or produce or create obnoxious fumes or odors, or otherwise cause unreasonable interference with any other tenant of the Village Center.

Use. Tenant may use Except as set forth below, each of the Premises Properties shall be used solely for general office the operation of a Permitted Concept and for no other purpose. Lessee shall occupy the Properties commencing on the Effective Date and, except as set forth below and except during periods when any computer data center purpose of the Properties is untenantable by reason of fire or for any other lawful purpose casualty or condemnation (provided, however, during all such periods while any of the Tenant Properties is untenantable, Lessee shall strictly comply with the terms and conditions of Section 21 of this Lease), Lessee shall at all times during the Lease Term occupy each of the Properties and diligently operate its business on each of the Properties. Lessee may cease diligent operation of business at any of the Properties for a period not use to exceed 90 days and may do so only once with respect to each Property within any five-year period during the Premises in a manner which would Lease Term. If Lessee does discontinue operation as permitted by this Section, Lessee shall (i) result give written notice to Lessor within 10 days after Lessee elects to cease operation, (ii) provide adequate protection and maintenance of any such Properties during any period of vacancy, (iii) comply with all Applicable Regulations and otherwise comply with the terms and conditions of this Lease other than the continuous use covenant set forth in a diminution this Section, and (iv) pay all costs necessary to restore such Properties to their condition on the day operation of more the business ceased at such time as such Properties are reopened for Lessee's business operations or other substituted use approved by Lessor as contemplated below. Notwithstanding anything herein to the contrary, Lessee shall pay the Base Monthly Rental on the first day of each month during any period in which Lessee discontinues operation. Lessee shall not, by itself or through any assignment, sublease or other type of transfer, convert any of the Properties to an alternative use during the Lease Term without Lessor's consent, which consent shall not be unreasonably withheld or delayed. Lessor may consider any or all of the following in determining whether to grant its consent, without being deemed to be unreasonable: (i) whether the rental paid to Lessor would be equal to or greater than a de minimis amount the anticipated rental assuming continued existing use, (ii) whether the proposed rental to be paid to Lessor is reasonable considering the converted use of the Properties and the customary rental prevailing in the community for such use, (iii) whether the converted use will be consistent with the highest and best use of the Properties, and (iv) whether the converted use will increase Lessor's risks or decrease the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordProperties.

Use. 4.1 The Premises shall be used by Tenant may use solely as and for the Premises Permitted Use as set forth in the Reference Page and for general office and any computer data center no other purpose or for any other lawful purpose provided, however, the whatsoever. 4.2 Tenant shall not use or permit the use of the Premises or any part thereof in any way that would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner or, except as otherwise provided in this paragraph 4.2, in violation of the certificate of occupancy for the Premises or the Building (the "Certificate of Occupancy"), or any ground or underlying leases which may now or hereafter affect the Building or the Premises. Tenant acknowledges that it has inspected the Certificate of Occupancy for the Building. Landlord represents that, at its sole cost and expense and with the cooperation of Tenant, it will use its best efforts to modify the existing Certificate of Occupancy of the Building as it relates to the 8/th/ floor of the Premises from the current description of use as "Physical Culture Establishment" to "Offices and Showrooms." Tenant shall not suffer or permit the Premises or any part thereof to be used in any manner or anything to be done therein or anything to be brought into or kept therein that, in the judgment of Landlord, shall in any way impair or interfere with or tend to impair or interfere with (a) the character, reputation or appearance of the Building as a manner which would high quality office building, (ib) result in a diminution any of more the Building services, (c) the proper and economic heating, cleaning, air-conditioning, ventilating or other servicing of the Building or the Premises, (d) the use of any of the other areas of the Building by, or occasion discomfort, inconvenience or annoyance to, any of the other tenants or occupants of the Building, or (e) increase or tend to increase Landlord's costs of operating the Building. 4.3 If any governmental license or permit (other than a de minimis amount Certificate of Occupancy for the Building) or any other license or permit required of all tenants occupying space for executive and general office use in the Borough of Manhattan shall be required for the proper and lawful conduct of Tenant's specific business in the Premises or any part thereof or for Tenant's specific occupancy of the Premises, Tenant at its expense shall procure and maintain and comply with the terms and conditions of such license or permit and submit the same to Landlord for inspection. 4.4 Tenant acknowledges and agrees that the value of the Building, (ii) cause a nuisance or (iii) involve Premises and the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance reputation of the Premises as a data center and in compliance with Environmental Law). In no event shall Landlord will be seriously injured if the Premises be are used for any purpose which shall violate any of the provisions of any Permitted Encumbrance obscene or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord.pornographic

Use. Tenant The Premises may use the Premises for general office and any computer data center purpose or be used for any other lawful purpose providedwhich is not prohibited under the Declaration (as defined in Section 17.1). Notwithstanding the foregoing, however, the Tenant shall not use or permit any use of the Premises that constitutes a Prohibited Use. For purposes hereof, a “Prohibited Use” is any use that: (i) violates any certificate of occupancy in force for the Improvements; (ii) involves the storage, maintenance or handling of Hazardous Materials not normally associated with a warehouse/distribution facility of consumer goods; (iii) violates any provision of the Permitted Exceptions, or (iv) is not a permitted use under the “ID Intensive Development” designation under the zoning code of Lexington County, South Carolina. Notwithstanding the preceding subsection (iii), Landlord agrees that Tenant is free to request and pursue any required variances under the ID zoning code for non-use related items, such as for example, a variance for a set back would be acceptable, but a special use permit for a heavy industrial use would not be acceptable. Landlord shall at all times during the Term hereof, at no cost, expense or liability to Landlord, cooperate with Tenant in obtaining such modifications, variances, special use permits and such other changes in Requirements (as hereinafter defined in Section 22.3) affecting the Premises, as Tenant may request. Tenant shall not permit the Premises, or any portion thereof, to be used in such manner which impairs Landlord’s right, title or interest in the Premises or any portion thereof, or in such manner which gives rise to a claim or claims of adverse possession or of a dedication of the Premises, or any portion thereof, for public use. Tenant shall not use or occupy the Premises or permit the Premises to be used or occupied contrary to any Requirements applicable thereto or in any manner which would violate any certificate of occupancy affecting the same. Tenant agrees that it will, promptly upon discovery of any such use, immediately notify Landlord and take all necessary steps to compel the discontinuance of such use. 8 ARTICLE VII CONDITION, MAINTENANCE AND REPAIRS 7.1 Tenant’s Repairs. Commencing on the Commencement Date, Tenant shall maintain the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in good condition and shall be responsible for all repairs and replacements required to be made to the value Premises or any portion thereof. It is the intention of the Buildingparties that, (ii) cause a nuisance following the Commencement Date, all development and construction on and to the Premises and all maintenance, repair and other work with respect thereto required hereunder shall be Tenant’s sole responsibility and Landlord shall have no obligation or (iii) involve liability with respect thereto. Subject to the production rights of the Tenant to terminate the Lease as provided in Article IX and Article X of this Lease, Tenant shall, at its sole cost and expense, promptly make all necessary repairs and replacements, structural or otherwise, ordinary as well as extraordinary, foreseen as well as unforeseen, in and to the storage Premises, including, without limitation, the entire interior and exterior of Hazardous Materials (the Improvements, the roof, the foundations, sidewalks, parking areas, railroad tracks, water, sewer, gas and electricity connections, pipes, mains and all other than the storage of Hazardous Materials fixtures, machinery, apparatus, equipment and appurtenances now or hereafter belonging to, connected with or used in connection conjunction with the Premises. All such repairs and replacements shall be of first-class quality and sufficient for the proper maintenance and operation and maintenance of the Premises as a data center Premises. Tenant shall keep and in compliance maintain the Premises, including the Improvements and all sidewalks, parking areas and areas adjacent thereto, safe, secure and clean, specifically including, but not by way of limitation, snow and ice clearance, landscaping and removal of waste and refuse matter. Tenant, at its own cost and expense, shall promptly comply with Environmental Law). In no event shall any and all Requirements now or hereafter affecting and applicable to the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions part thereof. Landlord shall not be required to furnish any services or agreements hereafter created by or consented to by Tenant applicable facilities whatsoever to the Premises. Notwithstanding anything to the contrary herein containedTenant hereby assumes full and sole responsibility for condition, in no event shall Tenant’s use operation, repair, alteration, improvement, replacement, maintenance and management of the Premises. The foregoing obligation of Tenant shall include making, at its expense, any modifications required to make the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord.

Use. Tenant may use In addition to the uses allowed by the Base Lease, the Premises --- may be used for general office electronics assembly, assembling, shipping and selling products, and any computer data center purpose or for any other lawful purpose provided, however, uses incidental to the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount uses enumerated either in the value of the BuildingBase Lease or herein ("Permitted Uses"). Sublessor and Base Landlord acknowledge that Sublessee shall be receiving, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials shipping and handling those materials listed on Exhibit F attached hereto, in connection with its use of the operation Premises, such --------- materials to be identified as "Permitted Materials" as such term is defined in the Base Lease, Exhibit C, Special Provisions, Paragraph 25A. Likewise, Sublessor and maintenance Base Landlord acknowledge that Sublessee shall be conducting the activities described on Exhibit G attached hereto, which shall produce the waste streams shown on Exhibit H attached hereto, such activities to be identified as --------- "Permitted Activities" as such term is defined in the Base Lease, Exhibit C, Special Provisions, Paragraph 25A. Sublessor and Base Landlord consent to the Permitted Uses, the Permitted Materials and the Permitted Activities to the extent required by the Base Lease. Notwithstanding the foregoing, Sublessee hereby acknowledges that its use of the Premises as a data center shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises, and promptly shall comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in compliance with Environmental Law)or upon, or connected with, the Premises, all at Sublessee's sole expense. In no event shall the Premises be used acknowledgements set forth in this paragraph 12 serve to limit the liability of Sublessee for any purpose which shall violate any damages, penalties, fines, or causes of action arising out of the provisions of any Permitted Encumbrance or of any amendmentUses, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to Materials and/or the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordActivities.

Use. (a) Tenant shall use the Premises initially for the construction and operation of a modern, first-class, office and/or research and development facilities and such other related activities as are customary, usual and incidental to such use, as may be permitted under current zoning or similar restrictions and requirements applicable to the Premises. Once construction of the initial improvements, as shown on Exhibit G attached hereto (the “Initial Improvements”), has been completed, Tenant may use the Premises for general office and any computer data center lawful purpose or consistent with the CP zoning of the Premises existing as of the Commencement Date, a copy of which is attached hereto as Exhibit H. Tenant may also use the. Premises for any other lawful purpose providedthat would be permitted under the MP zoning regulations as modified by the agreement of the parties, however, a copy of which is attached hereto as Exhibit I. Any use allowed under this Paragraph shall be subject to the restrictions relating to Hazardous Materials set forth in Paragraph 22 below. Tenant shall not use the Premises for residential or heavy industrial use, for use primarily for manufacturing, laboratories, cocktail lounges, or outdoor storage, or for use as a service station or warehouse, except that warehouse use incidental to any other use permitted by this Paragraph 4 shall not violate this Paragraph. No use otherwise permitted in a manner which would (i) result in a diminution of more than a de minimis amount in this Paragraph shall be allowed unless it is permitted under the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of then existing zoning. Tenant may not use the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose other than as set forth above without first obtaining Landlord’s written consent, which shall violate any of not be unreasonably withheld or delayed. (b) Subject to the provisions of any Permitted Encumbrance this paragraph, Tenant shall not use or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to permit the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises in any manner that creates or maintains any noise or sound which, when measured at any place along the boundary line of the District Property, exceeds the applicable sound level standard established from time to time by any appropriate governmental entity having jurisdiction over the Project. The above noise standards shall not be applicable for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4construction activity for the Project; provided, however, the foregoing Tenant shall use reasonable efforts to mitigate or cause to be mitigated all noise related to such construction activity and in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to all events shall comply with applicable lawslegal requirements relating to noise standards. Without limiting Tenant shall not disrupt utilities to the generality District Property and shall use reasonable efforts to mitigate dust, noise and vibration during construction on the Premises. (c) Prior to utilizing or leasing any portion of the foregoingProject by or for a Competing Organization (defined below), TenantTenant shall request Landlord’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect consent to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentenceuse or lease, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions which consent Landlord may grant or agreements hereafter created by or consented to by Tenant, Tenant shalldeny in its sole discretion, subject to the foregoingfollowing provisions. Landlord shall notify Tenant of its approval or disapproval within thirty (30) days following Tenant’s request for consent. Landlord’s failure to notify Tenant of its decision within this thirty (30) day period shall be deemed a disapproval by Landlord. As used in this Lease, observe“Competing Organization” shall mean any organization, perform and institution or company offering instruction or courses of study. “Competing Organization” does not mean an institution, organization, or company offering instruction to its employees or to potential customers or clients, if no more than a nominal fee is charged. (d) Tenant shall at all times during the Term comply with all applicable laws, ordinances, rules, regulations and carry out other legal requirements (collectively “Laws”) respecting the provisions thereof required therein use of the Premises and all activities occurring thereon. Tenant shall also require its subtenants or other occupants of the Premises to be observed and performed by Landlordcomply with all Laws during the Term in their use of the Premises.

Use. Tenant may use Use of the Premises for general office System and any computer data center purpose or for any other lawful purpose providedits data, howeverincluding but not limited to contact information, is governed by the Tenant shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount terms, conditions and restrictions set forth in the value of the Buildingterms provided in Exhibit A, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation B and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable C. All PARTICIPANTS agree to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory contained in Exhibits A, B, and C. COUNTY retains the right to Landlordupdate Exhibits A, B, and C as needed, in whole or in part, during the life of this MOU. Subject Any and all revised Exhibits will be distributed to PARTICIPANTS within five business days of the revision date and shall be incorporated into this MOU. Such modifications to the preceding sentenceExhibits shall not be deemed an amendment for the purposes of Paragraph X. Amendments, TENANT SHALL BE OBLIGATED TO INDEMNIFYbelow. PARTICIPANT, DEFEND AND HOLD HARMLESS LANDLORDincluding each of its agents, LENDER AND ALL OTHER INDEMNIFIED PARTIESofficers, FROM ANY AND ALL LOSSESemployees, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect and representatives who are given access to the Permitted Encumbrances System, agrees to abide by the individual terms of each agreement and the additional conditions incorporated herein. Breach of use may result in individual user or PARTICIPANT access account termination. PARTICIPANT agrees to require each Individual User to execute an Individual User Agreement (Exhibit D) regarding their obligations to maintain the confidentiality of login and password information; ensure that they will use the System in accordance with all applicable laws and regulations, including those relating to use of personal information; that they may be responsible for any covenants, restrictions or agreements hereafter created by or consented breach of the terms of the Agreement with Everbridge and/or this MOU; and the confidentiality provisions of this MOU. PARTICIPANT further agrees to by Tenant, Tenant shall, subject provide a copy of the signed Individual User Agreement to COUNTY and notify COUNTY if an individual user withdraws their consent to the foregoingIndividual User Agreement at anytime during the term of this MOU. The scope of services under the Agreement is limited to using the System to distribute business communication to PARTICIPANT inter-departmental resources and/or emergency information to the public in emergency notification situations. All PARTICIPANTS have read and accept the terms and conditions found in COUNTY’s “Countywide Public Mass Notification System Policy and Guideline (June 30, observe2008)”, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord.attached hereto as Exhibit B.

Use. Tenant may (a) Use ▇▇nant shall use the Premises solely for general office the purpose of conducting the retail business described in Section I(c) of this Lease, and any computer data center purpose under the trade name set forth in Section 1(a) of this Lease Tenant shall not use, or permit the Premises to be used, for any other lawful purpose providedor under any other trade name, however, the whatsoever. (b) Rule and Regulations Tenant shall not use at all times during the term of this Lease, at its sole cost and expense: 1. Furnish, install and maintain in the Premises all of Tenant's merchandise, furniture, trade fixtures, and equipment (which, together with Tenant's leasehold improvements, are referred to herein as "Tenant's Properly") necessary for the operation of Tenant's business; 2. Maintain the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value clean, neat, sanitary and orderly condition, it being understood that no use shall be made or permitted of the BuildingPremises, (ii) cause a nuisance the common and parking areas, or (iii) involve any part thereof, nor any acts done, which will violate, make inoperative, or increase the production existing rate of any insurance policy at any time held by or in any way for the storage benefit of Hazardous Materials (Landlord pursuant to any provision of this Lease; 3. Tenant shall not sell, or suffer or permit to be kept, used or sold in, upon or about the Premises any gasoline, distillate or other than the storage petroleum products or any other substance or material of Hazardous Materials in connection with the operation and maintenance an explosive, inflammable, noxious, toxic, caustic or radiological nature which may endanger any part of the Premises as a data center and or its occupants, business patrons or invitees, or present any unusual fire, explosion or other damaging or dangerous hazard or possibility of contamination; 4. Refrain from committing or suffering to be committed any strip of waste upon, or any unlawful, improper or offensive use of, the Premises, or any public or private nuisance or act or thing which may disturb the quiet enjoyment of any other tenant, concessionaire, licensee or occupant of the Shopping Center or the customers or business invitees thereof; 5. Keep all merchandise display windows in compliance with Environmental Law). In no event shall the Premises suitably lighted during such hours as Landlord may reasonably require, including periods other than or in addition to the business hours of Tenant: 6. Refrain from dumping, disposal, reduction, incineration or other burning of any trash, papers, refuse or garbage in or about the Premises or the common and parking areas; 7. Store all trash and garbage within the Premises in metal containers so located as not to be visible to customers and business invitees in the Shopping Center and so as not to create or permit any health or fire hazard, and arrange for the regular removal thereof; 8. Refrain from using or permitting the use of the Premises or any portion thereof as living quarters, sleeping quarters or lodging rooms; 9. Refrain from keeping, displaying or selling any merchandise or any object outside the interior of the premises, or on any portion of any sidewalks, walkway or other portion of the parking and common area except during special sales promotions 10. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Shopping Center, or injure or annoy them, or use or allow the Premises to be used for any purpose which improper, immoral, unlawful or objectionable purpose; nor shall violate Tenant cause, maintain or permit any nuisance in, on or about the Premises Tenant shall not commit allow to be committed any waste in, or upon the Premises; 11. Tenant shall not permit any of Tenant's servants, employees, agents or sublessees, to park any vehicles in the provisions common and parking areas of the Shopping Center. In the event of any Permitted Encumbrance or violation of any amendmentthe immediately preceding sentence, extension, replacement, or restatement Tenant shall pay to Landlord a penalty of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable twenty dollars ($20.00) per day per violation. In addition to the Premises. Notwithstanding anything foregoing, Tenant shall at all times during the term hereof comply with all the reasonable rules and regulations which Landlord may at any time or from time to time establish concerning the contrary herein contained, in no event shall Tenant’s use of the Premises and common and parking areas for general office shipping, receiving, loading and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4unloading merchandise; provided, however, the foregoing that any such rule or regulation so made shall in no way not be construed as limiting or otherwise modifying inconsistent with any part of this Lease, shall not unreasonably interfere with Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality 's use and enjoyment of the foregoingPremises, Tenant’s indemnity obligations under this Section 4 and shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises be enforced without discrimination among tenants similarly affected. (and the simultaneously issued Lender’s policy of title insurancec) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance Prohibited Operations No use or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost operation will be made, conducted or permitted on or with respect to such Permitted Encumbrance all or any parts of the Shopping Center, which use or operation is obnoxious to or out of harmony with the operations of a first-class shopping center, including (but not limited to) the following: any noise or sound that is objectionable due to intermittence, beat, frequency, shrillness or loudness; any obnoxious odor; any warehouse (but any area for the storage of goods intended to be sold at any retail establishment in the Shopping Center shall not be deemed to be a warehouse), assembly, manufacture or distillation and "second hand" store, Army, Navy or Government "surplus" store, or a store commonly referred to as a "discount house, any trailer court, labor camp, junk yard, stock yard, or animal raising (other than pet shop); any drilling for and/or removal of subsurface substances; and any fire or bankruptcy sale or auction house operation. (d) Continuous Operation Tenant expressly covenants to, and it is of the essence of this Lease that Tenant shall open for business on terms the Commencement Date (as herein defined), and conditions reasonably satisfactory shall continuously and uninterruptedly throughout the term hereof keep the Premises open for business during all hours established by the Landlord for the Shopping Center and, at Tenant's option, during any additional hours. In the event the hours during which the Shopping Center is legally permitted to Landlord. Subject to be open for business are regulated by any authority claiming jurisdiction, then Landlord shall be the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCEsole judge of which hours and days shall be the Shopping Center business hours. Tenant further agrees that with respect all such times it shall have upon the Premises a sufficient number of employees and a sufficient stock of merchandise adequately to serve the Permitted Encumbrances patrons thereof, and any covenantswill in general employ its best judgment, restrictions or agreements hereafter created by or consented efforts and abilities to by Tenant, Tenant shall, subject to produce the foregoing, observe, perform and comply with and carry out maximum volume of sales from the provisions thereof required therein to be observed and performed by LandlordPremises.

Use. Tenant may Lessee will use and occupy the Demised Premises solely for general office purposes and any computer data center purpose uses ancillary or for any other lawful purpose provided, however, the Tenant shall not use the Premises incidental thereto in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection accordance with the operation and maintenance of the applicable zoning regulations. The Demised Premises as a data center and in compliance with Environmental Law). In no event shall the Premises will not be used for any other purpose which shall violate without the prior written consent of Lessor. Lessee will not use or occupy the Demised Premises for any unlawful purpose, and will comply with all present and future laws, ordinances, regulations, and orders of all governments, government agencies and any other public authority having jurisdiction over the Demised Premises, including without limitation, the requirements of the provisions Americans with Disabilities Act of any Permitted Encumbrance 1990 and its implementing regulations ("ADA"), as existing or hereafter amended, to the extent applicable to Lessee's use of any amendment, extension, replacement, the Demised Premises or restatement of any such Permitted Encumbrance permitted hereby, the Pre-occupancy Tenant Work or any covenants, restrictions or agreements hereafter created Alterations (as defined below) made therein by or consented to by Tenant Lessee; it being understood and agreed that Lessor shall be responsible for compliance with ADA as applicable to the Premises. Notwithstanding anything common areas of the Building to the contrary herein contained, in no event shall Tenant’s extent such compliance is not required by Lessee's particular business operations or any use of the Demised Premises for other than general office use, in which event Lessee shall be responsible for such compliance. Lessee, its agents, employees, sublessees, contractors, invitees and guests shall not use any portion or all of the Demised Premises or the Building or land or other appurtenances thereto for the generation, treatment, storage or disposal of "hazardous materials," "hazardous waste," "hazardous substances" or "oil" (collectively "Materials") as such terms are defined under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq., as amended, the Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901 et seq., as amended, and any computer data center purpose and all other "environmental statutes" which regulate the use of hazardous and/or dangerous substances, and the regulations promulgated thereunder and any and all state and local laws, rules and regulations (collectively, "Environmental Regulations"), without the express prior written consent of Lessor. Notwithstanding the foregoing, however, Lessee may use Materials in the ordinary course of business, provided that such use is in accordance with all Environmental Regulations, and any manufacturer instructions; and provided further that Lessee may not discharge any Materials in any public sewer or any drain and/or drainpipe leading or connected thereto. Lessee shall promptly give written notice to Lessor of any communication received by Lessee from any governmental authority or other person or entity concerning any complaint, investigation or inquiry regarding any use or discharge (or alleged use or alleged discharge) by Lessee of any Materials. Lessor shall have the right (but not the obligation) to conduct such investigations and tests as Lessor shall deem necessary with respect to any such complaint, investigation or inquiry, and if such investigations or tests shall disclose the use or discharge by Lessee of Materials in violation of a Permitted Encumbrance Environmental Regulations, Lessee, at its expense, shall take such action (a “Planned Use Violation”or refrain from taking such action) constitute a violation as Lessor may reasonably request in connection with such investigations or tests by Lessor. Lessee shall indemnify, defend (with counsel approved by Lessor, which approval shall not be unreasonably withheld, conditioned or delayed), and hold Lessor harmless from and against any such improper use or discharge (or both) by Lessee, including any costs of all necessary clean-up activities occasioned by Lessee's actions, whether during the term or after termination of this Section 4; providedLease, howeverwhich indemnification obligation of Lessee shall survive the expiration or earlier termination of the term of this Lease. The construction of the Building reflects the recent excavation of the site on which the Building is located and the construction of new improvements thereon. To the best knowledge of Lessor, the foregoing Building does not contain any Materials, except as may be in accordance with all Environmental Regulations. Further, Lessor shall not in no way be construed as limiting the future use Materials in or otherwise modifying Tenant’s obligations hereunder to comply about the Building except in the ordinary course of business of managing, operating, repairing and maintaining the Building and in accordance with applicable lawsall Environmental Regulations. Without limiting In the generality event Materials are discovered in the common areas of the foregoingBuilding or the land upon which the Building is located, Tenant’s indemnity obligations under this Section 4 then Lessor shall not apply use commercially prudent efforts to abat▇ ▇▇ contain the condition to the extent required by and in accordance with Environmental Regulations; and in the title insurance policy obtained by Landlord event Materials are discovered in connection with its purchase any tenant occupied areas of the Premises (and Building other than the simultaneously issued Lender’s policy of title insuranceDemised Premises, Lessor shall use commercially reasonable efforts to cause the respective tenant(s) contains affirmative insurance against to abat▇ ▇▇ contain the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject condition to the preceding sentenceextent required by and in accordance with Environmental Regulations. Lessee shall not be responsible for any abatement or containment of Materials, TENANT SHALL BE OBLIGATED TO INDEMNIFYor direct payment or reimbursement through Operating Expenses or Operating Costs (except as expressly provided in Section 5 below) for any abatement or containment, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect unless the situation giving rise to the Permitted Encumbrances and any covenants, restrictions abatement or agreements hereafter created containment is caused by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordLessee.

Use. 5.01. The demised premises shall be used for the following specific purposes (i) executive and general office purposes (which may include a call center) and (ii) the following uses so long as the same are incidental and ancillary to the use of the demised premises as executive and general offices, (a) kitchenettes, pantries and dining rooms for the feeding of personnel and guests of Tenant (but not for use as a public restaurant), provided, that in no event shall Tenant be permitted to use any cooking equipment in the demised premises which requires venting (but Tenant may install a kitchenette or "▇▇▇▇▇" unit for the purpose of warming food), (b) vending machines for the sale of food, confections, beverages, newspapers and other convenience items to employees and guests; (c) equipment for printing, producing and reproducing documents, forms, circulars and other materials used in connection with the conduct of Tenant's business; provided that in no event shall such equipment be used for printing, producing or reproducing material amounts of materials for distribution to the general public; (d) conference and meeting center; and (e) any other reasonable use to which Tenant may put the Premises demised premises and which is incidental and ancillary to Tenant's use of the demised premises for executive and general office purposes; provided that prior to using the demised premises for such incidental use. Tenant shall give notice of such use to Landlord and Tenant shall abide by such reasonable rules and regulations imposed by Landlord in respect of such use, Notwithstanding anything in Article 5 or elsewhere in this Lease to the contrary. Tenant shall be responsible for complying with all Legal Requirements applicable to any computer data center purpose or of the foregoing incidental and ancillary uses of the demised premises and for obtaining, at its sole cost and expense, all consents, approvals and permits (including any other lawful purpose provided, however, amendment to the certificate of occupancy for the demised premises and/or the Building) required by reason of any such use. 5.02. Tenant shall not use or permit the Premises use of the demised premises or any part thereof in a manner any way which would violate any of the covenants, agreements, terms, provisions and conditions of this Lease or for any unlawful purposes or in any unlawful manner or in violation of the certificate of occupancy for the demised premises or the Building, and Tenant shall not permit the demised premises or any part thereof to be used in any manner or anything to be done, brought into or kept therein which, in Landlord's good faith judgment shall impair or interfere with (i) result in a diminution of more than a de minimis amount in the value character, reputation or appearance of the BuildingBuilding as a first class office building, (ii) cause a nuisance any of the Property services or the proper and economic heating, cleaning, air conditioning or other servicing of the Property or the demised premises, or (iii) involve the production use of any of the other areas of the Property by, or occasion discomfort, inconvenience or annoyance to, any of the storage other tenants or occupants of Hazardous Materials the Property. Tenant shall not install any electrical or other equipment of any kind which, in the reasonable judgment of Landlord, might cause any such impairment, interference, discomfort, inconvenience or annoyance (other than to a de minimus extent) or which might overload the storage of Hazardous Materials in connection with risers or feeders servicing the operation and maintenance demised premises or other portions of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by LandlordBuilding.

Use. The Leased Premises shall be used and occupied by Tenant may use the Premises (and its permitted assignees and subtenants) solely for general office purposes and for other legally permitted uses consistent with the character of first-class office buildings in the Greenway Plaza and Galleria areas in Houston, and for no other purpose. Included within permitted uses of the Leased Premises are the customary and reasonable activities of a bank, savings bank, savings and loan holding company, their successors or affiliates, or any computer data center purpose or for any other lawful purpose provided, however, the Tenant similar financial institution. The Leased Premises shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount in the value of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which would increase the rate of fire or liability or other insurance coverage on the Project or its contents, lower the quality or character of the Project, create unreasonable elevator loads, cause odors perceptible outside the Leased Premises, nor for a travel agency, nor, for as long as the existing lease with Dean Witter & Co. continues, for the retail or discount sale of stoc▇▇ ▇▇ ▇▇▇▇▇ if such activities constitute fifteen percent (15%) or more of the revenue generated by the business activities conducted in the Leased Premises. Any use of the Leased Premises for other than general office purposes shall be subject to the further limitation that such use may not consume a disproportionate share of standard Building services or otherwise interfere with standard Building operations. Landlord has no current actual knowledge that the uses made by Tenant of the Leased Premises as of the date hereof violate either the Old Lease (hereinafter defined) or this Lease, provided that Landlord is in no way waiving any failure of Tenant to comply with the provisions of any Permitted Encumbrance this Lease or the Old Lease. In addition, Tenant may use a portion of any amendmentthe Leased Premises for purposes of a health or fitness center, extensioncafeteria, replacement, or restatement of any and/or executive dining room provided (a) that such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented facilities are made available primarily to by Tenant applicable Tenant's employees and their invitees and not to the Premises. Notwithstanding anything public generally, (b) all improvements necessary to the contrary herein contained, in no event shall Tenant’s use of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained such uses are approved by Landlord in connection its reasonable discretion, provided that Landlord's approval, in its sole discretion, shall be required for the installation and use of all kitchen and related facilities and equipment, are installed by contractors approved by Landlord in accordance with its purchase the terms of the Premises (this Lease, and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation cost of such Permitted Encumbrance or if such affirmative title insurance improvements, including Landlord's review and approval thereof, is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to paid by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply (c) Tenant's installation and use complies in all respects with and carry out the provisions thereof required therein to be observed and performed by Landlordall applicable laws.

Use. Section 5.01 Tenant may shall use and occupy the Premises for executive, general office and administrative offices and the following incidental uses: (a) the incidental use of computer rooms and employee training rooms and (b) the incidental use of no more than 3,000 square feet of space in the Premises for pantries and/or lunchrooms, and for no other purpose. The foregoing statement as to the nature of the business to be conducted by Tenant in the Premises shall not constitute a representation or guaranty by Landlord that such business may be conducted in the Premises or is lawful or permissible under any computer data center purpose certificate(s) of occupancy issued for the Premises or the Building, or is otherwise permitted by law. Landlord represents and warrants to Tenant that as of the date hereof the current Certificate of Occupancy (subject to an Alteration Permit) attached hereto and made a part hereof as Exhibit F allows the use and occupancy of the Premises as specified in and permitted under this Article 5. Landlord agrees not to amend any Certificate of Occupancy issued for any other lawful purpose provided, however, the Premises or the Building so as to prevent the uses permitted by this Lease. Section 5.02 The use of the Premises for the purposes specified in Section 5.01 shall not include and Tenant shall not use, or permit the use of the Premises or any part thereof for: (a) the sale of wine, ale, beer or other alcoholic beverages; (b) the sale of any other products or materials kept in the Premises by vending machines (except for vending machines provided for use by employees and guests at the Premises) or otherwise, or demonstrations to the public, or as a restaurant or bar, or for the sale of candy, food, cigarettes, cigars, tobacco, newspapers, magazines, beverages, or similar items, or for the preparation, dispensing or consumption of food or beverages (except with respect to the preparation, dispensing or consumption of food or beverages for employees, but subject to the limitation set forth in Section 5.01 above) in any manner which would whatsoever; (c) manufacturing or printing, except for the operation of normal business office equipment and machines for Tenant's own requirements (as distinguished from operation for commercial hire or for the sale of the products or services to others) provided that such use shall not exceed that portion of the electrical capabilities allocable to the Premises and shall be subject to the provisions of this Lease; (d) the rendition of medical, dental or other diagnostic or therapeutic services, except that Tenant shall have the right to employ a resident nurse for Tenant's employees normally working at the Premises; (e) a school of any kind or an employment or placement agency; (f) the conduct of a public auction of any kind; (g) the conduct or maintenance of any gambling or gaming activities or any political activities or any club activities, whether private or public; (h) the offices or business of a governmental or quasi-governmental bureau, department or agency, foreign or domestic, including an autonomous governmental corporation or diplomatic or trade mission; or (i) result any use prohibited by Rule 13 of the Rules and Regulations attached hereto as Exhibit D. Section 5.03 Tenant shall not use, occupy, suffer or permit the Premises or any part thereof to be used in any manner, or suffer or permit anything to be brought into or kept therein, which would, (a) violate any provision of any Superior Lease or Superior Mortgage (provided that the use and occupancy permitted under Section 5.01 shall not be deemed to be a diminution violation of any provision of any such Superior Lease or Superior Mortgage), and (b) (i) would adversely affect in more than a de minimis amount manner the appearance, character or reputation of the Building as a first-class office building with retail stores, (ii) subject to Section 9.01, violate any Legal Requirement or Insurance Requirement, (iii) make void or voidable any insurance policy then in force with respect to the value Real Property or the Premises, (provided that the use and occupancy permitted under Section 5.01 shall not be deemed to make void or voidable any insurance policy then in force with respect to the Real Property or the Premises), (iv) make unobtainable from reputable insurance companies authorized to do business in New York State, at standard rates, any fire insurance with extended coverage or liability, elevator, boiler or other insurance, (provided that the use and occupancy permitted hereunder shall not be deemed to make unobtainable any fire or liability insurance or other insurance ), (v) cause, or be likely to cause, injury or damage to the Real Property or any part thereof or to any Building Equipment, (vi) constitute a public or private nuisance, (vii) violate any certificate of occupancy for the Premises or the Building, provided, however, that nothing herein contained shall limit Tenant's ability to use the Premises for the uses permitted under Section 5.01 above, (viii) emit or discharge objectionable noise, fumes, vapors or odors into the Building or the Building Equipment, (ix) impair or interfere with any of the Building services, including the furnishing of electrical energy by Landlord or the public utility company servicing the Building, as the case may be, or the proper and economical cleaning, heating, ventilating, air-conditioning or other servicing of the Building, Building Equipment or the Premises, (iix) impair or interfere with the use of any other area of the Building by, or occasion discomfort annoyance or inconvenience to, Landlord or any other tenant, or (xi) cause a nuisance Tenant to default in any of its other obligations under this Lease. The provisions of this Section, and the application thereof, shall not be deemed to be limited in any way by the terms of any other Section of this Article or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center and in compliance with Environmental Law). In no event shall the Premises be used for any purpose which shall violate any of the provisions Rules and Regulations. Section 5.04 If any governmental license or permit, other than a certificate of any Permitted Encumbrance or occupancy, shall be required for the proper and lawful conduct of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, Tenant's business in the Premises or any covenantspart thereof, restrictions then Tenant, at its expense, shall duly procure and thereafter maintain such license or agreements hereafter created by or consented permit and submit the same to by Landlord for inspection. Tenant applicable to shall at all times comply with the Premises. Notwithstanding anything to the contrary herein containedterms and conditions of each such license and permit, but in no event shall failure to procure or maintain such license or permit by Tenant affect Tenant’s 's obligations hereunder. Section 5.05 If Tenant engages in the cooking of food, beverages or baked goods which is not incidental to Tenant's use of the Premises for general office and any computer data center purpose as permitted in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant5.01 above, Tenant shall, subject to the foregoingat Tenant's sole cost and expense, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord.all applicable Legal Requirements

Use. 10.1 Tenant may shall use the Demised Premises for general office the purpose set forth in Section 2.1.9 and any computer data center purpose shall not use the Demised Premises, or permit or suffer the Demised Premises to be used, for any other lawful purpose without the prior written consent of Landlord which may be withheld in Landlord's sole discretion, (provided, however, the Tenant that Landlord's approval of a change in use shall not use the Premises in a manner which would (i) result in a diminution of more than a de minimis amount be unreasonably withheld, conditioned or delayed in the value case of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials change proposed in connection with the operation and maintenance an assignment or subletting of the Lease and/or the Demised Premises as a data center and in compliance with Environmental Lawunder circumstances where, pursuant to the terms of Section 25 below, Landlord's consent to such assignment or subletting may not be unreasonably withheld, conditioned or delayed). In no event shall Landlord be deemed to have acted unreasonably in the Premises be used for any purpose event that Landlord does not approve a change in use which shall violate any would reduce the number of square feet of the provisions Demised Premises maintained as laboratories constructed in whole or in part using the Allowance under the Work Letter unless Tenant as a condition to Landlord's consent agrees, upon expiration or earlier termination of this Lease, either (i) to restore such laboratory space or (ii) to pay Landlord the amount Landlord reasonably estimates it will cost to cause such restoration and, in either case, provides such security for such restoration obligation as Landlord shall reasonably require. 10.2 Tenant shall not use or occupy the Demised Premises in violation of any Permitted Encumbrance federal, state and local laws and regulations, zoning ordinances, or of the certificate of occupancy issued for the Building, and shall, upon five (5) days' written notice from Landlord, discontinue any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use of the Demised Premises for general office and which is declared or claimed by any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute governmental authority having jurisdiction to be a violation of this Section 4; providedlaw, however, the foregoing regulation or zoning ordinance or of said certificate of occupancy. Tenant shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality any direction of any governmental authority having jurisdiction which shall, by reason of the foregoing, nature of Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase 's use or occupancy of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance Demised Premises, impose any duty upon Tenant or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances Demised Premises or with respect to the use or occupation thereof. Provided non-compliance therewith shall not constitute a crime or an offense punishable by imprisonment of Landlord and any covenants, restrictions or agreements hereafter created by or consented to by Tenantprovided non-compliance will not endanger the Demised Premises, Tenant shallmay, subject at its sole cost and expense, contest the application or validity of any such law and such non-compliance shall not be deemed a breach of this Lease during such contest provided such contest shall be diligently prosecuted. 10.3 Tenant shall not do or permit to be done anything which will invalidate or increase the foregoingcost of any fire, observeenvironmental, perform extended coverage or any other insurance policy covering the Building and Project and shall comply with all rules, orders, regulations, and carry out requirements of the insurers of the Building and Project and Tenant shall within thirty (30) days following written demand reimburse Landlord for any additional premium charged for such policy by reason of Tenant's failure to comply with the provisions thereof required therein to be observed and performed by Landlordof this Section.

Use. Section 4.01 Tenant may shall use the Premises for general office Demised Properties for, and shall not suffer or permit any computer data center purpose or Person (including any subtenant) to use any of the Demised Properties other than for any Permitted Uses, -7- A&R MASTER LAND AND BUILDING LEASE ACTIVE 230595713 and the Demised Properties shall be used for no other lawful purpose providedwithout the prior written consent of Landlord, howeverwhich approval may be granted or withheld in the reasonable discretion of Landlord. Section 4.02 Notwithstanding any other provision of this Article, the Tenant shall not use use, or suffer or permit any Person (including any subtenant) to use, the Premises Demised Properties or any portion thereof for any purpose in violation of any applicable Law, or in violation of any registered covenants or restrictions. From the Commencement Date and thereafter throughout the Lease Term, Tenant shall conduct its business in a commercially reasonable and reputable manner which would (i) result in a diminution of more than a de minimis amount in the value with respect to each of the Building, (ii) cause a nuisance or (iii) involve the production or the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance of the Premises as a data center Demised Properties and in compliance with Environmental Law)the terms and provisions of this Lease. In no event Tenant covenants not to Abandon any Demised Property, except in accordance with the terms hereof. Tenant shall the Premises be used for permitted to Abandon any purpose which shall violate any Demised Property (i) if such Demised Property is being Abandoned as a result of the provisions of any Permitted Encumbrance merger or of any amendment, extension, replacement, or restatement consolidation of any such Permitted Encumbrance permitted herebyDemised Property with another property owned, leased or utilized by Tenant or any Affiliate thereof, or (ii) for any covenantsreason other than the reason set forth in clause (i), restrictions or agreements hereafter created in either case, so long as the total number of such Abandoned Demised Properties, together with all other Replaced Properties, shall not exceed the Replacement Cap; and provided that, in either case, (a) Tenant provides Landlord with thirty (30) days prior written notice of its intent to Abandon any Demised Property and (b) Tenant shall replace any such Abandoned Demised Property with a Replacement Property, in accordance with Article 31, no later than the earlier of (y) twelve (12) months after any such Demised Property is first Abandoned and (z) the date on which the existing use of such Demised Property (as of the date such property became Demised Property under the Original Lease or, if not thereunder, hereunder) would no longer be permitted by or consented to by Tenant applicable Law (including pursuant to the Premisesterms of any special use permit) by virtue of the discontinuance of such use at such Demised Property. Notwithstanding anything to the contrary herein containedcontained herein, in Tenant shall be permitted to cease operations at no event shall Tenant’s use more than twenty five percent (25%) of the Premises total number of Demised Properties for general office no more than thirty six (36) consecutive months for each such Demised Property, and such temporary cessation shall not be deemed an Abandonment of any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4such Demised Property; provided, however(x) Tenant notifies Landlord of such temporary cessation, (y) Tenant, during such period, continues to maintain any such Demised Property and all Building Equipment located thereon in good working order and condition, as if such Building Equipment and Demised Property were regularly utilized and (z) such cessation would not result in the foregoing existing use of such Demised Property (as of the date such property became Demised Property under the Original Lease or, if not thereunder, hereunder) no longer being permitted by Law (including pursuant to the terms of any special use permit). The character of the occupancy of the Demised Properties is an additional consideration and a material inducement for the granting of this Lease by Landlord to Tenant. Section 4.03 Notwithstanding anything to the contrary contained herein, Tenant shall be permitted to move any of the Original Movable Building Equipment, or any other movable Building Equipment located on any of the Demised Properties from and after the date hereof, off of the applicable Demised Property where it currently or, in no way the future, resides to any other facility owned, leased or utilized by Tenant or an Affiliate thereof (each such move shall be construed referred to herein as limiting or otherwise modifying an “Equipment Relocation”); provided, (i) such Equipment Relocation is done in the ordinary course of Tenant’s obligations hereunder to comply with applicable laws. Without limiting business, and (ii) Tenant shall ensure that substantially the generality same number and general type of Original Movable Building Equipment is located at each Demised Property at the expiration (or sooner termination) of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to Lease Term and is operational in substantially the extent same manner and at substantially the title insurance policy obtained by Landlord in connection with its purchase same capacity as was present on each Demised Property as of the Premises date hereof, as evidenced by the list of Original Movable Building Equipment set forth on Schedule 2 (the result being that the Building Equipment located on the Demised Properties at the expiration (or sooner termination) of the Lease Term shall reflect substantially the same number and general type of Building Equipment as would otherwise be present thereon if the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, Original Movable Building Equipment had never been subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlordan Equipment Relocation).

Use. (a) Tenant shall not use, occupy or operate the whole or any part of the Premises for any purpose other than that set forth under Permitted Use In the Fundamental Lease Provisions or permit the same to be used for any other purpose. Tenant agrees to maintain minimum business hours from 10:00 a.m. to 6:00 p.m., six (6) days per week (Monday through Saturday), which minimum business hours may be modified by Rules and Regulations reasonably imposed by Landlord. Tenant shall further use the Premises for general office in accordance with the Rules and any computer data center purpose Regulations from time to time adopted by Landlord and in such a manner as will not interfere with or for any infringe on the rights of other lawful purpose providedtenants in the Shopping Center. If Rules end Regulations have already been adopted by Landlord, however, the a copy of such Rules and Regulations presently in effect are attached hereto as Exhibit "B" and by this reference made a part hereof. (b) Tenant shall not use or occupy the Premises in violation of an~ law, ordinance, regulation or other directives of any governmental authority having jurisdiction thereof, nor permit a manner which would nuisance to be created or maintained therein. Tenant shall not maintain or permit any coin operated or vending machines within the Premises without the prior written consent of Landlord. (ic) result During the Term hereof, Tenant shall be in a diminution continuous use, occupancy and operation of more than a de minimis amount the entire Premises, shall conduct business in the value of Premises for the Buildingpurposes herein stated and shall not vacate or abandon the Premises or allow the same to appear vacated or abandoned. Tenant shall conduct its business in the Premises under the trade name set forth under Tenant's Trade Name in the Fundamental Lease Provisions and under no other name or trade name unless first approved in writing by Landlord. (d) Tenant shall not allow any odor or sound produced or originating within the Premises to be detectable outside the Premises and shall, (ii) cause a nuisance at its sole expense, exhaust or (iii) involve filter all such odors in such manner that they cannot be detected outside the production or Premises and sound proof the storage of Hazardous Materials (other than the storage of Hazardous Materials in connection with the operation and maintenance walls of the Premises as a data center in such manner that such sounds cannot be heard outside the Premises. (e) Tenant shall not under any circumstances conduct in the Premises or the Shopping Center any auction or bankruptcy sale or fire sale or going-out-of-business sale or any similar liquidation sale, it being agreed that the same are inconsistent and in compliance conflict with Environmental Law). In no event shall the Premises and would be used for any purpose which shall violate any of the provisions of any Permitted Encumbrance or of any amendment, extension, replacement, or restatement of any such Permitted Encumbrance permitted hereby, or any covenants, restrictions or agreements hereafter created by or consented to by Tenant applicable detrimental to the Premises. Notwithstanding anything to the contrary herein contained, in no event shall Tenant’s use interests of the Premises for general office and any computer data center purpose in violation of a Permitted Encumbrance (a “Planned Use Violation”) constitute a violation of this Section 4; provided, however, the foregoing shall in no way be construed as limiting or otherwise modifying Tenant’s obligations hereunder to comply with applicable laws. Without limiting the generality of the foregoing, Tenant’s indemnity obligations under this Section 4 shall not apply to the extent the title insurance policy obtained by Landlord in connection with its purchase of the Premises (and the simultaneously issued Lender’s policy of title insurance) contains affirmative insurance against the applicable loss arising due to a violation of such Permitted Encumbrance or if such affirmative title insurance is subsequently provided to Landlord and Lender at Tenant’s cost with respect to such Permitted Encumbrance on terms and conditions reasonably satisfactory to Landlord. Subject to the preceding sentence, TENANT SHALL BE OBLIGATED TO INDEMNIFY, DEFEND AND HOLD HARMLESS LANDLORD, LENDER AND ALL OTHER INDEMNIFIED PARTIES, FROM ANY AND ALL LOSSES, LIABILITIES, PENALTIES, ACTIONS, SUITS, CLAIMS, DEMANDS, JUDGMENTS, DAMAGES, COSTS OR EXPENSES SUFFERED AS A RESULT OF THE VIOLATION OF ANY SUCH PERMITTED ENCUMBRANCE. Tenant agrees that with respect to the Permitted Encumbrances and any covenants, restrictions or agreements hereafter created by or consented to by Tenant, Tenant shall, subject to the foregoing, observe, perform and comply with and carry out the provisions thereof required therein to be observed and performed by Landlord.