3. **Acceptance of Additional Premises; Improvement Rebate Amount; Partitioning**.(a) Tenant accepts the Property and the Additional Premises in their “AS IS” “WHERE IS”condition or state. Landlord shall have no obligations to make any improvements to the Premises.(b) All references in the Lease to the “Improvement Rebate Amount” shall be deemed to applyonly to the Initial Premises; Tenant shall not receive all or any portion of the Improvement RebateAmount with regard to the Additional Premises.(c) Landlord, at Tenant’s sole cost and expense, shall partition the Additional Premises fromthe remainder of the storage space shown on **Exhibit A**. Tenant shall reimburse Landlord forLandlord’s costs and expenses related thereto within thirty (30) days of receipt of Landlord’sinvoice therefor.4. **Permitted Use**. The permitted use of the Additional Premises shall be for thestorage of clinical supplies (the “Additional Premises Permitted Use”), and for no other purpose,subject to all applicable laws and all rules and regulations of the Building and insurers of theBuilding. From and after the Additional Premises Commencement Date the defined term “PermittedUse,” as defined in the Lease, shall mean and include both the Permitted Use with respect to theInitial Premises and the Additional Premises Permitted Use.5. **Fixed Basic Rent for Additional Premises**. In addition to Fixed Basic Rent for theInitial Premises, as provided in the Lease, beginning on the Additional Premises Commencement Date,Tenant shall pay Fixed Basic Rent to Landlord for the Additional Premises (“Additional PremisesFixed Basic Rent”), calculated and payable as follows:                   **Rentable Square**  **Rate Per Rentable**      **Monthly** **Year** **Feet**  **Square Foot**  **Yearly Rate**  **Installment** 10/18/10– 3/31/13  240  $8.00  $1,920.00  $160.00 Landlord and Tenant hereby agree that for all periods under the Lease from and after theAdditional Premises Commencement Date, the word “Fixed Basic Rent,” as defined in the Lease, shallmean and include both Fixed Basic Rent for the Initial Premises and the Additional Premises FixedBasic Rent. Further, the reference in Section G of the Preamble to an abatement of Fixed Basic Rentfor a portion of the Initial Premises shall not be deemed to apply to the Additional Premises.6. **Parking**. The fourth (4th) sentence in Section 2 is hereby deleted in itsentirety and replaced with the following:“Tenant’s interest in the Premises shall include, at no cost toTenant, the right to use up to three and a half (3.5) unreservedparking spaces for every one thousand (1,000) rentable square feetwithin the Initial Premises.”
 
 

 
7. **Operating Expenses; Utility Charges; Tenant’s Operating Expenses Share**.Notwithstanding anything to the contrary contained in this Amendment or in the Lease: (i) Tenantshall not be responsible for the payment of any Operating Expenses with respect to the AdditionalPremises; (ii) Tenant shall not be responsible for the payment of any charges for electricity,light, heat, air conditioning, HVAC or other utilities with respect to the Additional Premises,whether or not such usage is sub-metered; and (iii) neither the Additional Premises, nor therentable square feet of the Additional Premises, shall be included in calculating the Tenant’sOperating Expenses Share or the Tenant’s Operating Expenses Share of any payment required to bemade by Tenant under this Amendment or the Lease (including, without limitation, payments relatingto Operating Expenses or charges for electricity, light, heat, air conditioning, HVAC or otherutilities).8. **Electric Sub-Meters.**The third (3rd) sentence in Section 12 is herebydeleted in its entirety and replaced with the following:“A separate sub-meter has been installed in the Initial Premises andTenant shall pay Landlord for the consumption of electricity basedupon its sub-metered usage as Additional Rent and Landlord shall notcharge a mark-up for such electricity.”9. **Common Area Utility Charges**. The seventh (7th) sentence of Section 12 ishereby deleted in its entirety and replaced with the following:“In addition, Tenant agrees to pay as Additional Rent Tenant’sOperating Expenses Share of all charges for electricity, light, orother utilities used generally at the Property (i.e., not withintenant occupied premises of the Building).”10. **Renewal Option**. For purposes of clarity, the Renewal Option set forth in Section45 of the Lease shall also include the Additional Premises.11. **Broker’s Commission**. Landlord and Tenant each represent and warrant to the otherparty hereto that Binswanger of Pennsylvania, Inc. is the sole broker with whom Landlord or Tenant,as applicable, has negotiated in bringing about this Amendment. Landlord agrees to indemnify andhold Tenant harmless from any and all claims and expenses of Binswanger of Pennsylvania, Incarising out of or in connection with the negotiation of or the entering into this Amendment byLandlord and Tenant. Landlord and Tenant each agree to indemnify and hold the other party heretoharmless from any and all claims and expenses of any other broker that the indemnifying party hasdealt with arising out of or in connection with the negotiation of or the entering into thisAmendment by Landlord and Tenant.12. **Binding Effect**. The Lease, as amended hereby, shall be binding upon and inure tothe benefit of Landlord and Tenant and their respective permitted successors and assigns. Exceptas specifically amended and modified hereby, the Lease and each of the terms, covenants andconditions set forth therein shall remain in full force and effect and are in all respects adopted,ratified and confirmed.
 
 

 
13. **Entire Agreement**. The Lease, as amended hereby, is a complete statement of all ofthe terms of the arrangements between the parties with respect to the matters pertaining to thePremises, supersedes any previous agreements and understandings between the parties with respect tothose matters, and cannot be changed or terminated orally.14. **Governing Law**. This Amendment shall be governed by and construed in accordancewith the substantive laws of the Commonwealth of Pennsylvania.15. **Headings**. The section headings of this Amendment are for reference purposes onlyand are to be given no effect in the construction or interpretation of this Amendment.16. **Counterparts**. This Amendment may be executed electronically and in two (2) ormore counterpart copies, all of which counterparts shall have the same force and effect as if theparties hereto had executed a single copy of this Amendment.17. **Severability**. Any provision of this Amendment that is prohibited or unenforceablein any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of suchprohibition or unenforceability without invalidating the remaining provisions of this Amendment orsuch provision, and any such prohibition or unenforceability in any jurisdiction shall notinvalidate or render unenforceable such provision in any other jurisdiction.**IN WITNESS WHEREOF,**the parties hereto have executed this Amendment or caused this Amendmentto be executed by their duly authorized representatives the day and year first above written.      **LANDLORD:**