Lease Agreement dated as of November 14, 2006



 Exhibit 4.16 
 GREATER ATLANTA COMMERCIAL BOARD OF REALTORS, INC. 
 STANDARD COMMERCIAL LEASE AGREEMENT 
 THIS LEASE is made by and among Lonnie Pope (hereinafter called “Landlord”), and ViroMed Laboratories, Inc. d/b/a Axios, Inc. (hereinafter called
“Tenant”), and Bryant & Associates hereinafter called “Broker”) and Cushman & Wakefield of Georgia, Inc. (hereinafter called “Co-Broker”). 
 WITNESSETH: 
 PREMISES 
 1. Landlord, for and in consideration of the rents, covenants, agreements, and stipulations hereinafter mentioned, provided for and contained herein to be
paid, kept and performed by Tenant, leases and rents unto Tenant, and Tenant hereby leases and takes upon the terms and conditions which hereinafter appear, the following described property (hereinafter called the “Premises”), to wit:
approximately 12,459 s.f. at 1265-B Kennestone Circle, Marietta, GA 30066-6037 and being known as the Premises. No easement for light or air is included in the Premises. 
 TERM 
 2. The Tenant shall have and hold the Premises for a term of 62 months with an estimated lease
commencement date of April 15, 1997, but no later than thirty (30) days after landlord has separated the space and utilities Tenant may have full access to the space upon lease execution. The effective lease commencement date shall be the
earlier of tenant occupying space and open for business or a permanent certificate of occupancy is issued. The lease shall end sixty two (62) months after lease commencement, at midnight, unless sooner terminated as hereinafter provided.

 RENTAL 
 3. Tenant agrees to pay to
Landlord at the address of Landlord as stated in this Lease, without demand, deduction or setoff, an annual base rent of $ 90,328.00 payable in equal monthly installments of $ 7,527.00 in advance on the first day of each calendar month during the
term hereof. Upon execution of this Lease, Tenant shall pay to Landlord the first full month’s rent due hereunder. Rental for any period during the term hereof which is for less than one month shall be a prorated portion of the monthly rental
due. On each anniversary of the commencement date, the base rental shall increase 3% per year. 
 LATE CHARGES 
 4. If ( X) Landlord fails to receive all or any portion of a rent payment within ten (10) days after it becomes due, Tenant shall pay Landlord, as
additional rental, a late charge equal to five percent (5%) of the overdue amount. The parties agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of such late payment. 
 SECURITY DEPOSIT 
 5. Tenant shall deposit with
Landlord upon execution of this Lease $ 7,52 7.00 as security deposit which shall be held by Landlord, without liability to Tenant for any interest thereon, as security for the full and faithful performance by Tenant of each and 

  

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every term, covenant and condition of this Lease of Tenant. If any of the rents or other charges or sums payable by Tenant to Landlord shall be overdue and
unpaid or should Landlord make payments on behalf of Tenant, or should Tenant fail to perform any of the terms of this Lease, then Landlord may, at its option, appropriate and apply the security deposit, or so much thereof as may be necessary to
compensate Landlord toward the payment of the rents, charges or other sums due from Tenant, or towards any loss, damage or expense sustained by Landlord resulting from such default on the part of Tenant; and in such event Tenant shall upon demand
restore the security deposit to the original sum deposited. In the event Tenant furnishes Landlord with proof that all utility bills have been paid through the date of Lease termination, and performs all of Tenant’s other obligations under this
Lease, the security deposit shall be returned in full to Tenant within thirty (30) days after the date of the expiration or sooner termination of the term of this Lease and the surrender of the Premises by Tenant in compliance with the
provisions of this Lease. 
 UTILITY BILLS 
 6. Landlord shall provide a separate meter for the demised premises for the gas and electricity. Tenant shall pay all utility bills, gas, electricity, fuel, light and heat bills for the Premises, and Tenant shall pay all charges for its own
janitorial services. Tenant shall also be responsible for its pro rate share of water and sewer based on usage. 
 COMMON AREA COSTS; RULES AND
REGULATIONS 
 7. Tenant shall pay as additional rental monthly, in advance, it pro rata share of common area maintenance costs as
hereinafter more particularly set forth in the Special Stipulations. 
 USE OF PREMISES 
 8. The Premises shall be used for general business, office, laboratory and storage purposes. The Premises shall not be used for any illegal purposes, nor
in any manner to create any nuisance or trespass, nor in any manner to vitiate the insurance or increase the rate of insurance on the Premises. 
 ABANDONMENT OF THE PREMISES 
 9. Tenant agrees not to abandon or vacate the Premises during the term of this Lease and agrees
to use the Premises for the purposes herein leased until the expiration hereof. 
 TAX AND INSURANCE ESCALATION 
 10. Tenant shall pay upon demand by Landlord as additional rental during the term of this Lease, and any extension or renewal thereof, the amount by which
all taxes (including but not limited to, ad valorem taxes, special assessments and any other governmental charges) on the Premises for each tax year exceed all taxes on the Premises for the tax year 1997. In the event the Premises are less than the
entire property assessed for such taxes for any such tax year, then the tax for any such year applicable to the Premises shall be determined by proration on the basis that the rentable floor area of the Premises bears to the rentable floor area of
the entire property assessed. If the final year of the Lease term fails to coincide with the tax year, then any excess for the tax year during which the term ends shall be reduced by the pro rata part of such tax year beyond the Lease term. If such
taxes for the year in which the Lease terminates are not ascertainable before payment of the last month’s rental, then the amount of such taxes assessed against the Property for the previous tax year shall be used as a basis for determining the
pro rata share, if any, to be paid by Tenant 

  

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for that portion of the last Lease year. Tenant shall further pay, upon demand, its pro rata share of the excess cost of fire and extended coverage insurance
including any and all public liability insurance on the building over the cost for the first year of the Lease term for each subsequent year during the term of this Lease. Tenants pro rata portion of increased taxes or share of excess cost of fire
and extended coverage and liability insurance, as provided herein, shall be payable within thirty (30) days after receipt of notice from Landlord as to the amount due. 
 INDEMNITY; INSURANCE 
 11. Tenant agrees to and hereby does indemnify and save Landlord harmless
against all claims for damages to persons or property by reasons of Tenant’s use or occupancy of the Premises, and all expenses incurred by Landlord because thereof, including attorney’s fees and court costs. Supplementing the foregoing
and in addition thereto, Tenant shall during the term of this Lease and any extension or renewal thereof, and at Tenant’s expense, maintain in full force and effect comprehensive general liability insurance with limits of $1,000,000 per person
and $2,000,000 per incident, and property damage limits of $1,000,000, which insurance shall contain a special endorsement recognizing and insuring any liability accruing to Tenant under the first sentence of this paragraph 11, and naming Landlord
as additional insured Tenant shall provide evidence of such insurance to Landlord prior to the commencement of the term of this Lease. Landlord and Tenant each hereby release and relieve the other, and waive its right of recovery, for loss or damage
arising out of or incident to the perils insured against which perils occur in, on or about the Premises, whether due to the negligence of Landlord or Tenant or their Brokers, employees, contractors and/or invitees, to the extent that such loss or
damage is within the policy limits of said comprehensive general liability insurance. Landlord and Tenant shall, upon obtaining the policies of insurance required, give notice to the insurance carrier that the foregoing mutual waiver of subrogation
is contained in this Lease. Tenant must provide renewal certificate annually to Landlord. 
 REPAIRS BY LANDLORD 
 12. Landlord agrees to keep in good repair the roof, foundations and exterior walls of the Premises, exclusive of glass and exterior doors, and
underground utility and sewer pipes outside the exterior walls of the building, except repairs rendered necessary by the negligence or intentional wrongful acts of Tenant, its brokers, employees or invitees. If the Premises are part of a larger
building or group of buildings, then to the extent that the grounds are common areas, Landlord shall maintain the grounds surrounding the building, including paving, the mowing of grass, care of shrubs and general landscaping. Tenant shall promptly
report in writing to Landlord any defective condition known to it which Landlord is required to repair and failure so to report such conditions shall make Tenant responsible to Landlord for any liability incurred by Landlord by reason of such
conditions. 
 REPAIRS BY TENANT 
 13.
Tenant shall, throughout the initial term of this Lease, and any extension or renewal thereof, at its expense, maintain in good order and repair the Premises and other improvements located thereon, except those repairs expressly required to be made
by Landlord hereunder. Tenant agrees to return the Premises to landlord at the expiration, or prior to termination of this Lease, in as clean condition as when first received, natural wear and tear, damage by storm, fire, lightning, earthquake or
other casualty alone excepted less any partitions being removed as outlined under Paragraph 14. 
  

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 ALTERATIONS 
 14. Prior to the lease commencement, Tenant shall make the alterations and improvements to the premises as outlined in Exhibit “A”. All approved alterations, additions, and improvements will be accomplished in a good and
workmanlike manner, in conformity with all applicable laws and regulations, and by a contractor approved by Landlord, free of any liens or encumbrances. Upon substantial completion of improvements and punch list items and within 5 days of issuance
of a permanent certificate of occupancy, Landlord shall Reimburse Tenant or pay contractor up to $21,000, which shall be documented expenses to the premises. Reimbursement or payment shall be subject to lien waivers provided by the general
contractor. All alterations, additions and improvements shall become Landlord’s property and shall be surrendered to Landlord upon the termination of this Lease, except that Tenant may remove any of Tenant’s machinery or equipment, which
can be removed without material damage to the Premises. Tenant shall repair, at Tenant’s expense, any damage to the Premises caused by the removal of any such machinery or equipment. Prior to construction, contractor must provide drawings and
references for Landlord approval. Contractor shall use like kind materials in the building. 
 REMOVAL OF FIXTURES 
 15. Tenant may (if not in default hereunder) prior to the expiration of this Lease, or any extension or renewal thereof, remove all fixtures and equipment
which it has placed in the Premises, provided Tenant repairs all damage to the Premises caused by such removal. Landlord and Tenant acknowledge that Landlord has provided lab fixtures that remain with the premises. A list is attached in Exhibit
“C”. 
 DESTRUCTION OF OR DAMAGE TO PREMISES 
 16. If the Premises are totally destroyed by storm, fire, lightning, earthquake or other casualty, this Lease shall terminate as of the date of such destruction and rental shall be accounted for as between Landlord
and Tenant as of that date. If the Premises are damaged but not wholly destroyed by any such casualty, rental shall abate in such proportion as use of the Premises has been destroyed and Landlord shall restore the Premises to substantially the same
condition as before damage as speedily as is practicable, whereupon full rental shall recommence. 
 GOVERNMENTAL ORDERS 
 17. Tenant agrees, at its own expense, to comply promptly with all requirements of any legally constituted public authority made necessary by
reason of Tenant’s occupancy of the Premises. Landlord agrees to comply promptly with any such requirements if not made necessary by reason of Tenant’s occupancy. It is mutually agreed, however, between Landlord and Tenant, that if in
order to comply with such requirements, the cost to Landlord or Tenant, as the case may be, shall exceed a sum equal to one year’s rent, then Landlord or Tenant who is obligated to comply with such requirements may terminate this Lease by
giving written notice of termination to the other party by certified mail, which termination shall become effective one hundred twenty (120) days after receipt of such notice and which notice shall eliminate the necessity of compliance with
such requirements by giving such notice unless the party giving such notice of termination shall, before termination becomes effective, pay to the party giving notice all cost of compliance in excess of one year’s rent, or secure payment of
said sum in manner satisfactory to the party giving notice. 
  

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 CONDEMNATION 
 18. If the whole of the Premises, or such portion thereof as will make the Premises unusable for the purposes herein leased, are condemned by any legally constituted authority for any public use or purposes, then in either of said events
the term hereby granted shall cease from the date when possession thereof is taken by public authorities, and rental shall be accounted for as between Landlord and Tenant as of said date. Such termination, however, shall be without prejudice to the
rights of either Landlord or Tenant to recover compensation and damage caused by condemnation from the condemnor. It is further understood and agreed that neither the Tenant nor Landlord shall have any rights in any award made to the other by any
condemnation authority notwithstanding the termination of the Lease as herein provided. Broker may become a party to the condemnation proceeding for the purpose of enforcing his rights under this paragraph. 
 ASSIGNMENT AND SUBLETTING 
 19. Tenant shall not,
without the prior written consent of Landlord, which shall not be unreasonably withheld, assign this Lease or any interest hereunder, or sublet the Premises or any part thereof, or permit the use of the Premises by any party other than the Tenant
except tenant may assign lease to an entity controlled or owned by Tenant of equal or greater credit worthiness. Consent to any assignment or sublease shall not impair this provision and all later assignments or subleases shall be made likewise only
on the prior written consent of Landlord. The assignee of Tenant, at the option of Landlord, shall become liable to Landlord for all obligations of Tenant hereunder, but no sublease or assignment by Tenant shall relieve Tenant of any liability
hereunder. 
 EVENT OF DEFAULT 
 20. The
happening of any one or more of the following events (hereinafter any one of which may be referred to as an “Event of Default”) during the term of this Lease, or any renewal or extension thereof, shall constitute a breach of this Lease on
the part of the Tenant: (A) Tenant fails to pay the rental as provided for herein; (B) Tenant abandons or vacates the Premises; (C) Tenant fails to comply with or abide by and perform any other obligation imposed upon Tenant under
this Lease; (D) Tenant is adjudicated bankrupt; (E) a permanent receiver is appointed for Tenant’s property and such receiver is not removed within sixty (60) days after written notice from Landlord to Tenant to obtain such
removal; (F) Tenant, either voluntarily or involuntarily, takes advantage of any debt or relief proceedings under the present or future law, whereby the rent or any part thereof is, or is proposed to be reduced or payment thereof deferred;
(G) Tenant makes an assignment for benefit of creditors; or (H) Tenant’s effects are levied upon or attached under process against Tenant, which is not satisfied or dissolved within thirty (30) days after written notice from Landlord
to Tenant to obtain satisfaction thereof. 
 REMEDIES UPON DEFAULT 
 21. Upon the occurrence of an Event of Default, Landlord, in addition to any and all other rights or remedies it may have at law or in equity, shall have the option of pursuing any one or more of the following
remedies: 
 (A) Landlord may terminate this Lease by giving notice of termination, in which event this Lease shall expire and terminate on
the date specified in such notice of termination, with the same force and effect as though the date so specified were the date herein originally fixed as the termination date of the term of this Lease, and all rights of Tenant under this Lease and
in and to the Premises shall expire and terminate, and Tenant shall remain liable for all obligations under this Lease arising up to the date of such termination and Tenant shall surrender the Premises to Landlord on the date specified in such
notice; 
  

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 (B) Landlord may, from time to time without terminating this Lease, and without releasing Tenant in whole
or part from Tenant’s obligation to pay monthly rental and additional rent and perform all of the covenants, conditions and agreements to be performed by Tenant as provided in this Lease, make such alterations and repairs as may be necessary in
order to relet the Premises, and, after making such alterations and repairs, Landlord may, but shall not be obligated to, relet the Premises or any part thereof for such term or terms (which may be for a term extending beyond the term of this Lease)
at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable or acceptable; upon each reletting, all rentals received by Landlord from such reletting shall be applied first, to the payment
of any indebtedness other than rent due hereunder from Tenant to Landlord, second, to the payment of any costs and expenses of such reletting, including brokerage fees and attorneys’ fees, and costs of such alterations and repairs, third, to
the payment of the monthly rental and additional rent due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied against payments of future monthly rental and additional rent as the same may become due and payable
hereunder; in no event shall Tenant be entitled to any excess rental received by landlord over and above charges that Tenant is obligated to pay hereunder, including monthly rental and additional rent; if such rental received from such reletting
during any month are less than those to be paid during the month by Tenant hereunder, including monthly rental and additional rent, Tenant shall pay any such deficiency to Landlord, which deficiency shall be calculated and paid monthly;
notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach, 
 Tenant acknowledges that the premises are to be used for commercial purposes, and Tenant expressly waives the protections and rights set forth in Official Code of Georgia Annotated Section 44-7-52. 
 EXTERIOR SIGNS 
 22. Tenant shall place no signs upon
the outside walls or roof of the Premises except with the written consent of the Landlord, Any and all signs placed on the Premises by Tenant shall be at tenant’s sole cost and expense and shall be maintained in compliance with governmental
rules and regulations governing such signs, and Tenant shall be responsible to Landlord for any damage caused by installation, use or maintenance of said signs, and all damage incident to such removal. Signage must be approved by Landlord. Owner
agrees to relocate the current signage from the front center and right of the building in order that Tenant may place its own signage. 
 LANDLORD’S
ENTRY OF PREMISES 
 23. Landlord may card the Premises “For Rent” or “For Sale” ninety (90) days before the
termination of this Lease. Landlord may enter the Premises at reasonable hours to exhibit the Premises to prospective purchasers or tenants, to inspect the Premises to see that Tenant is complying with all of Its obligations hereunder, and to make
repairs required of Landlord under the terms hereof or to make repairs to Landlord’s adjoining property, if any. 
 EFFECT OF TERMINATION OF LEASE

 24. No termination of this Lease prior to the normal ending thereof, by lapse of time or otherwise, shall affect Landlord’s right
to collect rent for the period prior to termination thereof. 
  

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 SUBORDINATION 
 25. At the option of Landlord, Tenant agrees that this Lease shall remain subject and subordinate to all present and future mortgages, deeds to secure debt or other security instruments (the “Security Deeds”) affecting the
Building or the Premises, and Tenant shall promptly execute and deliver to Landlord such certificate or certificates in writing as Landlord may request, showing the subordination of the Lease to such Security Deeds. Tenant shall upon request from
Landlord at any time and from time to time execute, acknowledge and deliver to Landlord a written statement certifying as follows: (A) that this Lease is unmodified and in full force and effect (or if there has been modification thereof, that
the same is in full force and effect as modified and stating the nature thereof); (B) that to the best of its knowledge there are no uncured defaults on the part of Landlord (or if such default exists, the specific nature and extent thereof);
(C) the date to which any rent and other charges have been paid in advance, if any; and (D) such other matters as Landlord may reasonably request. 
 QUIET ENJOYMENT 
 26. So long as Tenant observes and performs the covenants and agreements contained herein, it shall at all
times during the Lease term peacefully and quietly have and enjoy possession of the Premises, but always subject to the terms hereof. Landlord and Tenant acknowledge the adjacent tenant, AFF International, Inc., does research, development and
manufactures fragrances on their premises. Landlord will use their best efforts to address any persistent odor problems which may occur related to the adjacent tenant’s use. In the event that despite the best efforts of the landlord, the tenant
believes a persistent odor problem remains, the tenant may cancel the lease and vacate the building by giving 90 days written notice to the landlord and by paying the unamortized portion of the $21,000 of leasehold improvements provided by the
landlord. If the landlord disputes the existence of a persistent odor problem, then a third party, agreeable to both parties, will be brought in to determine if a persistent odor problem does exist. 
 NO ESTATE IN LAND 
 27. This Lease shall create the
relationship of Landlord and Tenant between the parties hereto. No estate shall pass out of Landlord. Tenant has only a usufruct not subject to levy and sale, and not assignable by Tenant except by Landlord’s consent. 
 HOLDING OVER 
 28. If Tenant remains in possession of
the Premises after expiration of the term hereof, with Landlord’s acquiescence and without any express agreement of the parties, Tenant shall be a tenant at will at the rental rate which is 125% of the rate in effect at end of this Lease and
there shall be no renewal of this Lease by operation of law. If Tenant remains in possession of the Premises after expiration of the term hereof without Landlord’s acquiescence, Tenant shall be a tenant at sufferance and commencing on the date
following the date of such expiration, the monthly rental payable under Paragraph 3 above shall for each month, or fraction thereof during which Tenant so remains in possession of the Premises, be 150 % the monthly rental otherwise payable
under Paragraph 3 above. 
 ATTORNEY’S FEES 
 29. In the event that any action or proceeding is brought to enforce any term, covenant or condition of this Lease on the part of Landlord or Tenant, the prevailing party in such litigation shall be entitled to recover attorney’s fees
actually incurred in such action or proceeding, but not to exceed 15% of damages due from the non-prevailing party. Furthermore, Landlord and Tenant agree to pay 

  

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the attorney’s fees and expenses of (A) the other party to this Lease (either Landlord or Tenant) if it is made a party to litigation because of
its being a party to this Lease and when it has not engaged in any wrongful conduct itself, and (B) Broker if Broker is made a party to litigation because of its being a party to this Lease and when Broker has not engaged in any wrongful
conduct itself. 
 RIGHTS CUMULATIVE 
 30.
All rights, powers and privileges conferred hereunder upon parties hereto shall be cumulative and not restrictive of those given by law. 
 WAIVER OF
RIGHTS 
 31. No failure of Landlord to exercise any power given Landlord hereunder or to insist upon strict compliance by Tenant of its
obligations hereunder and no custom or practice of the parties at variance with the terms hereof shall constitute a waiver of Landlord’s right to demand exact compliance with the terms hereof. 
 AGENCY DISCLOSURE 
 32. Landlord and Tenant hereby
acknowledge that Broker has acted as an agent for Landlord in this transaction and will be paid a real estate commission by Landlord. Co-Broker has acted as an agent for Tenant and shall be paid a real estate commission by Landlord. 
 BROKER’S COMMISSION 
 33. Broker has rendered
valuable service by assisting in the creation of the landlord-tenant relationship hereunder. The commission to be paid in conjunction with the creation of the relationship by this Lease has been negotiated between Landlord and Broker and Landlord
hereby agrees to pay Broker as compensation for Broker’s services in procuring this Lease and creating the aforesaid landlord-tenant relationship pursuant to a separate commission agreement. 
 Broker’s commission shall not apply to any “additional rental” as that term is used in this Lease. Any separate commission agreement is hereby
incorporated as a part of this Lease by reference and any third party assuming the rights and obligations of Landlord under this Lease shall be obligated to perform all of Landlord’s obligations to Broker under said separate commission
agreement. If the Tenant becomes a tenant at will or at sufferance pursuant to Paragraph 28 above, or if the term of this Lease is extended or if this lease is renewed or if a new lease is entered into between Landlord and Tenant covering either the
Premises or any part thereof, or covering any other premises as an expansion of, addition to, or substitution for the Premises, regardless of whether such premises are located adjacent to or in the vicinity of the Premises, Landlord, in
consideration of Broker’s having assisted in the creation of the landlord-tenant relationship, agrees to pay Broker additional commissions as set forth below, it being the intention of the parties that Broker shall continue to be compensated so
long as the parties hereto, their successors and/or assigns continue the relationship of landlord and tenant which initially resulted from the efforts of Broker, whether relative to the Premises or any expansion thereof, or relative to any other
premises leased by Landlord to Tenant from time to time, whether the rental therefor is paid under this Lease or otherwise. Broker agrees that, in the event Landlord sells the Premises, and upon Landlord’s furnishing Broker with an agreement
signed by the purchaser assuming Landlord’s obligations to Broker under this Lease, Broker will release the original Landlord from any further obligations to Broker hereunder. If the purchaser of the Premises does not agree in writing to assume
Landlord’s 

  

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obligations to Broker under this Lease, Landlord shall remain obligated to pay Broker the commissions described in this Paragraph 33 even after the
expiration of the original term of this Lease if the purchaser (A) extends the term of this Lease; (B) renews this Lease; or (C) enters into a new lease with Tenant covering either the Premises or any part thereof, or covering any
other premises as an expansion of, addition to, or substitution for the Premises, regardless of whether such premises are located adjacent to or in the vicinity of the Premises Voluntary cancellation of this Lease shall not nullify Broker’s
right to collect the commission due for the remaining term of this Lease and the provisions contained hereinabove relative to additional commissions shall survive any cancellation or termination of this Lease. In the event that the Premises are
condemned, or sold under threat of and in lieu of condemnation, Landlord shall, on the date of receipt by Landlord of the condemnation award or sale proceeds, pay to Broker the commission, reduced to its present cash value at the existing legal rate
of interest, which would otherwise be due to the end of the term contracted for under Paragraph 2 above. 
 LIMITATION OF BROKER’S SERVICES AND
DISCLAIMER 
 34. Broker is a party to this Lease for the purpose of enforcing its rights under Paragraph 33 above. Tenant must look
solely to Landlord as regard to all covenants, agreements and warranties herein contained, and Broker shall never be liable to Tenant in regard to any matter which may arise by virtue of this Lease. It is understood and agreed that the commissions
payable to Broker under Paragraph 33 above are compensation solely for Broker’s services in assisting in the creation of the landlord-tenant relationship hereunder; accordingly, Broker is not obligated hereunder on account of payment of such
commissions to furnish any management services for the Premises Landlord and Tenant acknowledge that the Greater Atlanta Commercial Board of REALTORS, Inc. has furnished this Commercial Lease Agreement form to its members as a service and that it
makes no representation or warranty as to the enforceability of the Commercial Lease Agreement form. 
 ENVIRONMENTAL LAWS 
 35. Landlord represents (A) the Premises are in compliance with all applicable environmental laws, and (B) there are not unlawful levels (as
defined by the Environmental Protection Agency) of radon, toxic waste or hazardous substances on the Premises. Tenant represents and warrants that Tenant shall comply with all applicable environmental laws and that Tenant shall not permit any of his
employees, brokers, contractors or subcontractors, or any person present on the Premises to generate, manufacture, store, dispose or release on, about, or under the Premises any toxic waste or hazardous substances which would result in the Premises
not complying with any applicable environmental laws. 
 TIME OF ESSENCE 
 36. Time is of the essence of the Lease. 
 DEFINITIONS 
 37. “Landlord” as used in this Lease shall include the undersigned, its heirs, representatives, assigns and successors in title to the Premises,
“Tenant” shall include the undersigned and its heirs, representatives, assigns and successors, and if this Lease shall be validity assigned or sublet, shall include also Tenant’s assignees or subtenants as to the Premises covered by
such assignment or sublease. “Broker” shall include the undersigned, its successors, assigns, heirs and representatives. “Landlord,” “Tenant” and “Broker” include male and female, singular and plural,
corporation, partnership or individual, as may fit the particular parties. 
  

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 NOTICES 
 38. All notices required or permitted under this Lease shall be in writing and shall be personally delivered or sent by US Certified Mail, return receipt requested, postage prepaid. Broker shall be copied with all required or permitted
notices. Notices to Tenant shall be delivered or sent to the address shown below, except that upon Tenant’s taking possession of the Premises, then the Premises shall be Tenant’s address for notice purposes. Notices to Landlord and Broker
shall be delivered or sent to the addressed hereinafter stated, to wit: 
  

			
	LANDLORD:	  	 Mr. Lonnie Pope
 P.O. Box 7505
 Station A
 Marietta, Georgia 30065

		
	Tenant:	  	 ViroMed Laboratories, Inc.
 d/b/a Axios Inc.

1265-B Kennestone Circle
 Marietta, GA 30062

		
	Broker:	  	 Jess Brady
 Bryant & Associates
 3350 Peachtree Road
 Suite 1250
 Atlanta, GA 30326

		
	Co-Broker:	  	 Charles S. Craighill
 Cushman & Wakefield of Georgia,
Inc.
 1201 West Peachtree Street
 3300 One Atlantic
Center
 Atlanta, GA 30309


 All notices shall be effective upon delivery. Any party may change his notice address upon written notice to the
other parties. 
 ENTIRE AGREEMENT 
 39.
This Lease contains the entire agreement of the parties hereto, and no representations, inducements, promises or agreements, oral or otherwise, between the parties, not embodied herein, shall be of any force or effect. No subsequent alteration,
amendment, change or addition to this Lease, except as to changes or additions to the Rules and Regulations described in Paragraph 7, shall be binding upon Landlord or Tenant unless reduced to writing and signed by Landlord and Tenant. 

SPECIAL STIPULATIONS 
 40. Any special stipulations
are set forth in the attached Exhibit. Insofar as said Special Stipulations conflict with any of the foregoing provisions, said Special Stipulations shall control. 
  

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	 	1.	Landlord shall deliver premises with all electrical, plumbing, mechanical, including all HVAC systems in good working order. Upon occupancy, Tenant shall maintain all systems and
obtain a maintenance agreement for the HVAC system with a licensed HVAC contractor approved by the Landlord. During the lease term, Tenant shall be responsible for repairs up to $500 per unit pet occurrence. Landlord shall be responsible for the
portion of major repairs costing over $500 per unit per occurrence. Landlord is not responsible for any equipment installed by Tenant or its contractor. 

  

	 	2.	Landlord shall be responsible for all property taxes and insurance. Tenant shall be responsible for its pro rata share of any increases above the 1997 base year.


 The Common Area Maintenance (CAM) charge includes landscaping, parking lot and truck court maintenance, common area
water & sewer, common utilities, trash removal and management of the property, The (CAM) charge for the first full year shall be $ .25 per sq. ft. This amount shall not increase by more than 10% in any one year. Except in the event
trash removal charges attributed to Tenant’s use of the premises cause the CAM to exceed the annual increase provided above, Tenant agrees to reimburse Landlord for the increase over the cap due to trash removal only. Landlord will provide an
annual statement of the CAM charges at the end of each calendar year for reconciliation between Landlord and Tenant. In no event shall Landlord be responsible for the removal of hazardous or bio-medical waste solely related to Tenant’s use.

  

	 	3.	Landlord shall provide tenant separation wall as noted in Exhibit “A” and separate utilities including electricity, gas and water. 

  

	 	4.	Utilities for the “owner’s space” as outlined in Exhibit “B”, shall remain on the tenant’s meters and owner shall reimburse tenant for 33.3% of the
utility bill’s which include electricity, gas and water. 

  

	 	5.	Right of First Refusal: Provided the Tenant is not then in default under this Lease and is then occupying the Premises, owner shall from time to time give written notice to Tenant
when Landlord desires to lease the space known as Suite C being 3,980 rsf adjacent to the Premises, identified as Expansion Space on Exhibit “B” attached. Such notice shall set forth determination of “Market Annual Base Rental
Rate” (as hereinafter defined”) for such space. Within ten (10) days after Tenant’s receipt of such notice (the “Notice Date”), Tenant shall give written notice as to whether or not Tenant is interested in leasing such
space or the portion thereof designated in Landlord’s aforesaid notice to Tenant at the “Market Annual Base Rental Rate.” If tenant’s response is in the negative, if Tenant fails to respond within such ten (10) day period or
if Tenant’s response is affirmative but Landlord and Tenant are thereafter unable, despite their good faith efforts, to agree upon the terms and conditions (other than the Base Rental which shall be the “Market Annual Base Rental
Rate” for a lease of such space to Tenant within fifteen (15) days after the Notice Date, then Landlord shall be free to lease such space or a portion thereof, at any time within the balance of the one hundred eighty (180) day period
after the Notice Date to any third party on such terms and conditions as Landlord shall, in its sole discretion, find to be acceptable. Whenever used in this Lease the term “Market Annual Base Rental Rate” shall mean Landlord’s
determination of the annual rental per square foot (exclusive of expense pass through additions) of net rentable area then being charged similar buildings located in suburban Atlanta, Georgia, for space comparable to the space for which the Market
Annual Base Rental Rate is 

  

 - 11 - 









	 	 
being determined (taking into consideration use, location, and/or floor level within the applicable building, rental concessions (such as abatements or Lease
assumptions), the provision of free or paid unassigned parking, the time the particular rate under consideration became effective, size of tenant, relative operating expenses, relative services provided, etc.). It is agreed that bona fide written
offers to Lease comparable space located elsewhere in the Building from third parties (at arm’s length) may be used by Landlord as an indication of the Market Annual Base Rental Rate. When Suite A becomes available, Landlord will make tenant
aware of its availability and notify tenant in writing of any bona fide offers acceptable to Landlord. Upon receipt of a bona fide offer by a third party, Tenant shall have 7 days to respond to Landlord as to whether they want to lease the space.
The same determination of “Market Annual Base Rental Rates” will be applied. 


  

	 	6.	Tenant shall be granted (2) three year options to renew lease at 95% of the prevailing market late by giving landlord (90) ninety days notice. The prevailing market rate
shall be defined as the “Market Annual Base Rental Rate” determined in special stipulation #6 above. 

  

	 	7.	Upon execution. Tenant shall pay first month’s rent and security deposit; rent for months 2 and 3 shall be abated in full. 

  

 - 12 - 








 IN WITNESS WHEREOF, the parties herein have hereunto set their hands and seals, in triplicate.

  

					
	LANDLORD:	 	Lonnie Pope	 	
		 	  
	 	(SEAL)
		 	 /s/ Lonnie H. Pope
	 	(SEAL)
		 	Date and time executed by Landlord: 3/10/97	 	
			
	TENANT:	 	 ViroMed laboratories, Inc.
 d/b/a Axios,
Inc.
	 	
			
		 	 /s/ William D. Smith    COO/CFO
	 	(SEAL)
		 	  
	 	(SEAL)
		 	Date and time executed by Tenant: 4:35 pm 3/3/97	 	
			
	BROKER:	 	Bryant & Associates	 	
			
		 	 (illegible)
	 	(SEAL)
		 	  
	 	(SEAL)
		 	Date and time executed by Broker: 3/11/97 1:30 pm	 	
			
	CO-BROKER:	 	Cushman & Wakefield of Georgia, Inc.	 	
			
		 	 /s/ Charles S. Craighill
	 	(SEAL)
		 	Associate Director	 	(SEAL)
		 	Date and time executed by Broker: 3/11/97 3:30	 	








 Lease Addendum “A” 
 THIS LEASE addendum is made by and among Popefield North, LLC (hereinafter called “Landlord”), and ViroMed Laboratories, Inc. d/b/a Axios, Inc. (hereinafter called ‘Tenant”) This addendum modifies
the Lease Agreement dated May 16, 1997 (hereinafter called “Original Lease Agreement”) 
 WITNESSETH 
 PREMISES: 
 Landlord, for and in consideration of the rents,
covenants, agreements and stipulations mentioned in the Original Lease Agreement, leases and rents unto Tenant, and Tenant hereby leases and takes upon the terms and conditions which appear hereinafter and in the Original Lease Agreement, the
following described property (hereinafter called the “Additional Space”), to wit; approximately 3,980 s f at 1265-C Kennestone Circle, Marietta, GA 30066-6037 
 TERM: 
 The Tenant shall have and hold the Additional Space for a term that coincides with that of the Original Lease
Agreement with an estimated lease commencement date of October 24, 1998. Tenant may have full access to the space upon the commencement date Tenant acknowledges that the Additional Space is made available “as is” 
 RENTAL: 
 Tenant agrees to pay Landlord at the address of Landlord as
stated in the Original Lease Agreement, or other such address provided to Tenant in writing, without demand, deduction or setoff, an annual base rent of $ 29,730.60 payable in monthly installments of $ 2,477.55 along with base rent as set forth in
the Original Lease Agreement and subject to the provisions outlined in the Original Lease Agreement 
 OTHER PROVISIONS: 
 Tenant and Landlord agree that the Additional Space shall be subject to all the terms and conditions as outlined in the Original Lease Agreement except as stipulated in
this Addendum and shall be deemed to be incorporated into the Original Lease Agreement 
 SPECIAL STIPULATIONS: 
  

	 	1.	Upon execution, rent for the period of October 24, 1998 through December 31, 1998 for the Additional Space shall be abated in full as full payment of the sums owed to
ViroMed Laboratories, Inc. from Lonnie H. Pope / Landlord per that letter dated 9/29/98 which is attached as Exhibit A 









	 	2.	Tenant shall assume utility costs associated with the acquisition of the Additional Space as provide in Special Stipulation #4 in the Original Lease Agreement


  

	 	3.	As Landlord will not be an occupant in the building, Tenant agrees to accept responsibility for its pro-rata share of all Common Area Maintenance items as outlined in Special
Stipulation #2 in the Original Lease Agreement. This amount shall not exceed those outlined in Special stipulation #2 of the Original Lease Agreement. In return for this assumption by Tenant, Landlord agrees not to bill Tenant a Common Area
Maintenance Fee as outlined in same Special Provision 








 IN WITNESS WHEREOF, the parties herein have hereunto set their hands and seals, 
  

					
	LANDLORD:	 	POPEFIELD NORTH, LLC.	 	
			
		 	 /s/ Lonnie H. Pope
	 	(Seal)
		 	Lonnie H. Pope	 	
			
		 	 10/8/98
	 	
		 	Date executed by Landlord	 	
			
	 TENANT:
	 	 VIROMED LABORATORIES, INC.
 d/b/a
Axios, Inc
	 	
			
		 	 /s/ William D. Smith
	 	(Seal)
		 	William D. Smith	 	
			
		 	 10/8/98
	 	
		 	Date executed by Tenant	 	








 Popefield North, LLC 
 2809 Wyngate NW 
 Atlanta, Georgia 30305 
 404-355-4577 
 June 27, 2002 
 Mr. Bill Smith 
 Apptec Laboratory Services, LLC 
 2540 Executive Drive 
 St. Paul, MN 55120 
 Dear Bill, 
 Reference is hereby made to that certain real property lease
agreement dated Match 18, 1997, between Popefield North, LLC (as successor to Lonnie Pope) (“Landlord”) and Viromed Laboratories (“Tenant”). Apptec Laboratory Services, LLC, formerly known as Viromed Laboratories, hereby
exercises its first option to renew its lease on the facility located at 1265B Kennestone Circle, Marietta, Georgia with the following modifications: 
  

	 	 1)
	 Beginning on with the lease payment due on June 1st, 2002, the monthly base rent shall be reduced by 10% of the then applicable base rent (as a result, the payment due June 1st, 2002 shall be $10,456.45) to permit Tenant to make
improvements to the leased space; 


  

	 	2)	Landlord shall have the adjoining tenant remove any of ‘their property that is placed or stored behind the area of the building currently occupied by Tenant. Tenant shall
promptly notify Landlord if the adjoining Tenant fails to comply with any such requests; 

  

	 	3)	Landlord shall complete the replacement the heating and air conditioning unit currently being replaced by Estes Heating and Air; 

  

	 	4)	Tenant shall be designated the 42 parking spaces as shown on Exhibit 1 attached hereto; and 

  

	 	5)	The term of this lease extension shall continue through October 31,2004 

 All terms of the Lease not modified by this letter shall remain in effect. All defined terms not herein defined shall have the meaning given to them in the Lease. If these modifications are acceptable, please sign in the space provided and
return one copy to me for my records. 
  

					
	Very truly yours,	 		 	Agreed to accepted
			
	 /s/ Popefield North, LLC by Bryan H. Hope
	 		 	 /s/ William Smith

	Popefield North, LLC	 		 	Mr. William Smith
		 		 	 President









 Popefield North, LLC 
 2809 Wyngate NW 
 Atlanta, Georgia 30305 
 404-355-4577 
 March 28, 2005 
 Mr. Bill Smith 
 AppTec Laboratory Services, Inc. 
 2540 Executive Drive 
 St Paul, MN 55120 
 Dear Bill, 
 Reference is hereby made to that certain real property lease
agreement (the “Lease”) dated March 18, 1997, between Popefield North, LLC (as successor to Lonnie Pope) (“Landlord”) and Viromed Laboratories, now known as AppTec Laboratory Services, Inc. (“Tenant”) formerly
known as Viromed Laboratories, hereby exercises its second option to renew its lease on the facility located at 1265B Kennestone Circle, Marietta, Georgia. The term of this lease extension shall continue through December 31, 2010. 

Further understanding and agreement: 
  

	 	A)	The annual base rent beginning with the payment due February 1, 2005 shall be $125,476.60 payable in equal monthly payments of $10,456.55. On each anniversary of the
commencement date of this lease extension, the annual base rent shall increase 1.5% per year. 

  

	 	 B)
	 Following the termination of the current outstanding lease extensions currently exercised by AFF, Inc. (the “AFF
Space”), assuming Tenant is not then in default with any terms of the Lease or any amendments or extensions, Tenant shall have the option (the “Option”) to lease from Landlord the AFF Space by giving written notice to Landlord by no
later than June 30, 2006. If Tenant exercises the Option, the base rent shall be an additional amount determined by dividing the then applicable base rent under the Lease by 16,439, and multiplying the quotient by 18,153. For example, for the
current period, the additional annual base rent would be $125,476 60 / 16,439 = $7.63 * 18,153 = $138,559.32. The first rent payment including both the space covered by the Lease and the AFF Space shall be due the 1st of the month following the month in which Tenant takes physical possession of the AFF Space, but not later than 60 days after AFF, Inc. vacates the AFF Space.
Upon exercising the Option, the terms of the Lease, as modified by any amendment or extension thereto, shall apply to the AFF Space 










	 	C)	Landlord agrees to clean the AFF space once the AFF Space is vacated by AFF, Inc. 

 All terms of the Lease, and any amendments thereto, not modified by this letter shall remain in effect. All defined terms not herein defined shall have the meaning given to them in the Lease If the foregoing correctly sets forth the
understanding and agreement between the parties, please so indicate in the space provided for that purpose below. 
  

					
	Very truly yours,	 		 	Agreed to accepted
			
	 /s/ Bryan H. Hope
	 		 	 /s/ William Smith

	Popefield North, LLC	 		 	Mr. William Smith
		 		 	 Executive Vice President
 AppTec Laboratory Services,
Inc.









 June 29, 2006 
 Mr. Bryan H. Pope 
 Popefield North, LLC 
 2809 Wyngate
NW 
 Atlanta, Georgia 30305 
 Dear Bryan, 
 Reference is hereby made to that certain real property lease agreement (the “Lease”) dated March 18, 1997, between Popefield North, LLC (as successor to
Lonnie Pope) (“Landlord”) and Viromed Laboratories, now known as Apptec Laboratory Services, Inc (“Tenant”), formerly known as Viromed Laboratories, hereby exercises its option to lease from the landlord the AFF space on the
terms described in that lease extension dated March 18, 2005 between the parties. 
 Further understanding and agreement: 
  

	 	A)	The Tenant agrees to provide an additional damage deposit of $1,550 upon Tenant taking physical possession of the AFP Space 

  

	 	B)	The current lease and extensions of the AFF Space terminate on September 30,2006 

  

	 	C)	There have been ongoing discussions between the parties on work required to make the AFF Space clean and suitable for AppTec’s needs. The details and costs to be born by the
respective parties are yet to be determined and the parties agree to bring the discussions to a conclusion as soon as possible 

 All terms of the Lease, and any amendments thereto, not modified by this letter shall remain in effect. All defined terms not herein defined shall have the meaning given to them in the Lease. If the foregoing correctly sets forth the
understanding and agreement between the parties, please so indicate in the space provided for that purpose below 
  

					
	Very truly yours,	 		 	Agreed to accepted
			
	 /s/ William D. Smith
	 		 	/s/ Bryan H. Pope
	AppTec Laboratory Services, Inc.	 		 	Popefield North, LLC
	Mr. William Smith	 		 	Bryan H. Pope
	VP Finance & Treasurer	 		 	








 Popefield North, LLC 
 2809 Wyngate NW 
 Atlanta, Georgia 30305 
 November 14, 2006 
 Mr. Bill Smith 
 AppTec Laboratory Services, Inc 
 2540 Executive Drive 
 St Paul, MN 55120 
 Dear Bill, 
 Reference is hereby made to that certain real property lease agreement (the “Lease”) dated March 18, 1997, between Popefield North, LLC (as successor to
Lonnie Pope) (“Landlord”) and Viromed Laboratories, now known as Apptec Laboratory Services, Inc. (“Tenant”) as amended on June 27, 2002, March 28, 2005 and June 29, 2006. 
 Further under standing and Agreement: 
  

	 	A)	Landlord hereby agrees to reimburse Tenant up to $55,000 for out of pocket costs related to Tenant’s repair and improvement of the AFF Space (as that term is defined in the
amendments to the Lease); 

  

	 	B)	Tenant agrees to provide Landlord with receipts and other documentation and information related to such costs and improvements as Landlord may reasonably request;


  

	 	C)	Landlord agrees to remit funds to Tenant upon the earlier of receipt of the funds from Landlord’s escrow account with its lender or 60 days from the date such receipts are
submitted to lender for payment; 

  

	 	D)	Landlord and Tenant agree that no rent payment shall be due on the AFF Space for the month of November 2006 and Tenant shall only be obligated to pay one half of the applicable
rental amount for the month of December 2006 If Tenant is unable to utilize any of the AFF Space during December 2006, Tenant and Landlord agree to negotiate in good faith to determine a mutually acceptable rent amount for December; and


  

	 	E)	Landlord and Tenant hereby agree to extend the term of the second option (as described in the lease amendment and extension dated March 28, 2005) for the entire 1265 Kennestone
Circle building through December 31, 2012. 

  

 1 









	 	F)	Landlord and Tenant hereby agree to a new 5 year option to extend the lease of the entire 1265 Kennestone Circle building through December 31, 2017 under the same terms as the
current Lease 

 All terms of the Lease, and any amendments thereto, not modified by this amendment shall be remain in effect.
Add defined terms not herein defined shall have the meaning given to them in the Lease and the amendments thereto If the foregoing correctly sets for the understanding and agreement between the parties, please so indicate in the space provided for
that purpose below. 
  

					
	Agreed to and accepted:	 		 	
			
	POPEFIELD NORTH, LLC	 		 	APPTEC LABORATORY SERVICES, INC
			
	 /s/ Bryan H. Hope
	 		 	 /s/ William D. Smith

	Bryan H. Hope	 		 	Mr. William D. Smith
		 		 	Vice President & Treasurer

  

 2