**Exhibit10.2**

 

 

***INDUSTRIALMULTI-TENANT LEASE***

***BETWEEN***

**AMBPROPERTY, L.P.**

***ASLANDLORD***

***AND***

**IMMUCOR,INC.**

***ASTENANT***

***AT***

**2935Amwiler Road, Suite CAtlanta, GA 30360**

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**AMBPROPERTY, L.P.INDUSTRIAL MULTI-TENANT LEASE**

**1.****                                      BasicProvisions**(“Basic Provisions”).

1.1                                 Parties:  This Lease (“Lease”) dated  December 29, 2005, is made by and betweenAMB Property, L.P., a Delaware limited partnership, (“Landlord”) and Immucor,Inc., a Georgia corporation  (“Tenant”)(collectively the “Parties,” or individually a “Party”).

1.2                                 Premises:  Approximately 16,907 square feet of spaceoutlined on **Exhibit A** attached hereto (“Premises”),of the building (“Building”) located at 2935 Amwiler Road, Suite C, in the Cityof Atlanta, State of Georgia.  TheBuilding is located in the industrial center commonly known as Amwiler-GwinnettIndustrial Park (the “Industrial Center”).  Tenant shall have non-exclusive rights to theCommon Areas (as defined in Paragraph 2.2 below), but shall not have any rightsto the roof, exterior walls or utility raceways of the Building or to any otherbuildings in the Industrial Center.  ThePremises, the Building, the Common Areas, the land upon which they are locatedand all other buildings and improvements thereon are herein collectivelyreferred to as the “Industrial Center.”

1.3                                 Term:Ten (10) years, Eight (8) months and One (1) day (“Term”) commencing December31, 2005 (“Commencement Date”) and ending August 31, 2016 (“Expiration Date”)as later affirmed or amended by execution of a Commencement Date CertificateAddendum.

1.4                                 BaseRent:  $6,058.34 per month (“BaseRent”).  **$6,058.34payable upon execution of this Lease for first month’s rent. No securitydeposit required.**

1.5                                 Tenant’sShare of Operating Expenses (“Tenant’s Share”):
| (a)    |   | Industrial  Center |   | 3.882  | %      |
|--------|--------|--------------------|--------|--------|--------|
|   |   |               |   |   |   |
| (b)    |   | Building           |   | 25.189 | %      |
|   |   |               |   |   |   |
| (c)    |   | Base Year          |   | 2006   |   |

 

1.6                                 Tenant’sEstimated Monthly Rent Payment: Following is the estimated monthly Rent payment to Landlord pursuant tothe provisions of this Lease.  Thisestimate is made at the inception of the Lease and is subject to adjustmentpursuant to the provisions of this Lease:
| (a)    |   | Base Rent  (Paragraph 4.1)                                                                       |   | $      | 6,058.34 |   |
|--------|--------|--------------------------------------------------------------------------------------------------|--------|--------|----------|--------|
|   |   |                                                                                             |   |   |     |
| (b)    |   | Operating Expenses (Paragraph 4.2; excluding  Landlord Insurance, Real Property Taxes, and HVAC) |   | $      | 521.30   |   |
|   |   |                                                                                             |   |   |     |
| (c)    |   | Landlord Insurance  (Paragraph 8.3)                                                              |   | $      | 0.00     |   |

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| (d)    |   | Real Property Taxes (Paragraph 10) |   | $      | 0.00     |   |
|--------|--------|------------------------------------|--------|--------|----------|--------|
|   |   |                               |   |   |     |
| (e)    |   | HVAC maintenance (Paragraph 4.2)   |   | $      | 0.00     |   |
|   |   |                               |   |   |     |
|        |   | Estimated Monthly  Payment         |   | $      | 6,579.64 |   |

 

1.7                                 SecurityDeposit:  None (“Security Deposit”).

1.8                                 PermittedUse (“Permitted Use”):                  Office,Warehouse and related uses

1.9                                 Guarantor(s):                          N/A

1.10                           Addendaand Exhibits: Attached hereto are the following Addenda and Exhibits, allof which constitute a part of this Lease:
| **(a)**    | Addenda:  | **Landlord Remedies in the Event of Tenant Default  (State of Georgia)** |
|------------|-----------|--------------------------------------------------------------------------|
| ** ** |      | **Special Terms**                                                        |
| ** ** |      | **Option to Renew**                                                      |
| ** ** |      | **Commencement Date Certificate**                                        |
| ** ** |      | **Early Possession and Inducement Recapture**                            |
| ** ** |      | **Tenant’s Right to Construct Improvements**                        |
| ** ** |      | ** **                                                               |
| (b)        | Exhibits: | **Exhibit A**: Description of  Premises                                  |
|       |      | **Exhibit B**: Rules and  Regulations                                    |
|       |      | **Exhibit C**: Environmental and  Use Questionnaire                      |
|       |      | **Exhibit D**: Landlord’s Waiver  of Lien and Security Interest     |
| ** ** |      | **Exhibit E**: Glossary                                                  |

 

1.11                           Addressfor Rent Payments:  All amountspayable by Tenant to Landlord shall until further notice from Landlord be paidto AMB Property, L.P. at the following address:

AMB Property, L.P.

C/O CB Richard Ellis

3340 Peachtree Rd. NE

Building 100, Suite 1050

Atlanta,GA 30326

1.12                           Brokers:                CBRichard Ellis (Landlord)

Trammell Crow Services, Inc. (Tenant)

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**2.****                                      Premises,Parking and Common Areas.**

2.1                                 Letting.  Landlord hereby leases to Tenant and Tenanthereby leases from Landlord the Premises upon all of the terms, covenants andconditions set forth in this Lease.  Anystatement of square footage set forth in this Lease or that may have been usedin calculating Base Rent and/or Operating Expenses is an approximation which Landlordand Tenant agree is reasonable and the Base Rent and Tenant’s Share basedthereon is not subject to revision whether or not the actual square footage ismore or less.

2.2                                 CommonAreas - Definition.  “Common Areas”are all areas and facilities outside the Premises and within the exteriorboundary line of the Industrial Center and interior utility raceways within thePremises that are provided and designated by the Landlord from time to time forthe general non-exclusive use of Landlord, Tenant and other tenants of theIndustrial Center and their respective employees, suppliers, shippers, tenants,contractors and invitees. Landlord covenants and agrees that it will not permitthe Parking Areas to be used by any parties other than the tenants of the Buildingand their employees, contractors and invitees.

2.3                                 CommonAreas - Tenant’s Rights.  Landlordhereby grants to Tenant, for the benefit of Tenant and its employees,suppliers, shippers, contractors, customers and invitees, during the term ofthis Lease, the non-exclusive right to use, in common with others entitled tosuch use, the Common Areas as they exist from time to time, subject to theterms and conditions hereof and the Rules and Regulations attached hereto as **Exhibit B.**

2.4                                 CommonAreas - Rules and Regulations. Landlord shall have the exclusive control and management of the CommonAreas subject to the terms and conditions of Section 2.5 below and shall havethe right, from time to time, to amend and enforce reasonable Rules andRegulations **(Exhibit B)**, including signage,****with respect thereto in accordance with Paragraph 16.19.

2.5                                 CommonArea Changes.  Landlord shall havethe right, in Landlord’s sole discretion, from time to time:

(a)                                  Tomake changes to the Common Areas, including, without limitation, changes in thelocations, size, shape and number of driveways, entrances, parking spaces,parking areas, loading and unloading areas, ingress, egress, direction oftraffic, landscaped areas, walkways and utility raceways, provided that nochange made to the Common Areas materially and adversely affects Tenant’s useor occupancy of the Premises or Building or materially and adversely affectsTenant’s use, occupancy, or access to the Common Areas, Premises, Building orIndustrial Center.;

(b)                                 Toclose temporarily any of the Common Areas for maintenance purposes so long asreasonable pedestrian and vehicle access between the Premises, the IndustrialCenter and all Public Roads remains available;

(c)                                  Toadd additional improvements to the Common Areas so long as no such additionalimprovements materially and adversely affects Tenant’s use or occupancy of the

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Premises orBuilding or materially and adversely affects Tenant’s use, occupancy, or accessto the Common Areas, Premises, Building or Industrial Center;

(d)                                 Touse the Common Areas while engaged in making additional improvements, repairsor alterations to the Industrial Center, or any portion thereof so long as nosuch use and no such additional improvements, repairs or alterations materiallyand adversely affect Tenant’s use or occupancy of the Premises or Building ormaterially and adversely affect Tenant’s use, occupancy, or access to theCommon Areas, Premises, Building or Industrial Center; and

(e)                                  Todo and perform such other acts and make such other changes in, to or withrespect to the Common Areas and Industrial Center as Landlord may, in theexercise of sound business judgment, deem to be appropriate, so long as no suchacts or changes materially and adversely affect Tenant’s use or occupancy ofthe Premises or Building or materially and adversely affect Tenant’s use,occupancy, or access to the Common Areas, Premises, Building or IndustrialCenter.

**3.****                                      Term.**

3.1                                 Term.  The Commencement Date, Expiration Date andTerm of this Lease are as specified in Paragraph 1.3.

3.2                                 Delayin Possession. On or before 8:00 am local time on the Target Date, Landlordshall deliver exclusive possession of the Premises to Tenant with the Premisesbeing in Required Delivery Condition. The “Target Date” shall be December 31, 2005, but shall be extended byone day for each day the Landlord is delayed in delivering exclusive possessionof the Premises to Tenant in Required Delivery Condition except in the case ofa default by Tenant hereunder or any other negligence or willful misconduct byTenant or willful misconduct.  Forpurposes hereof, the Premises shall be in “Required Delivery Condition” if (a)the Premises is vacant and free of all tenancies other than Tenant’s rights ofpossession hereunder, (b) the Premises and Building are broom clean and in goodcondition and comply with all applicable laws, codes, regulations andordinances, (c) all electrical, plumbing, heating, ventilation, airconditioning, mechanical, life safety and lighting systems serving the Premisesare in good, working order, (d) the Common Areas are in good condition andcomply with all applicable laws, codes, regulations and ordinances, and (e) thePremises is free of Hazardous Substances. If for any reason Landlord fails to deliver exclusive possession of thePremises to Tenant in Required Delivery Condition by 8:00 a.m. local time onthe Target Date, such failure shall not affect the validity of this Lease, but(1) the Commencement Date shall be extended until the date that Landlorddelivers to Tenant exclusive possession of the Premises in Required DeliveryCondition, (2) the Expiration Date shall be extended so that the Lease Term isten (10) years, and eight (8) months from and after the Commencement Date, and (3)Tenant shall not be obligated to pay Rent hereunder or perform any otherobligation of Tenant under the terms of this Lease until Landlord deliversexclusive possession of the Premises to Tenant in Required DeliveryCondition.  If Landlord fails to deliverexclusive possession of the Premises to Tenant in Required Delivery Conditionon or before the date that is sixty (60) days after the Target Date,

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Tenant shall havethe right to terminate this Lease upon notice to Landlord given on or beforethe date that is ten days after the end of such sixty (60) day period.

3.3                                 CommencementDate Certificate.  At the request ofLandlord so long as Tenant does not know of any reason that Landlord has failedto perform its obligations under Section 3.2 above,, Tenant shall execute anddeliver to Landlord a completed certificate (“Commencement Date Certificate”)in the form attached hereto as an addendum.

**4.****                                      Rent.**

4.1                                 BaseRent.  Tenant shall pay to LandlordBase Rent and other monetary obligations of Tenant to Landlord under the termsof this Lease (such other monetary obligations are herein referred to as “AdditionalRent”) in lawful money of the United States, without offset or deduction exceptas set forth herein, in advance on or before the first day of each month.  Base Rent and Additional Rent for any periodduring the term hereof which is for less than one full month shall be proratedbased upon the actual number of days of the month involved.  Payment of Base Rent and Additional Rentshall be made to Landlord at its address stated herein or to such other personsor at such other addresses as Landlord may from time to time designate inwriting to Tenant.  Base Rent andAdditional Rent are collectively referred to as “Rent”.  All monetary obligations of Tenant toLandlord under the terms of this Lease are deemed to be rent. No payment byTenant or receipt by Landlord of rent hereunder shall be deemed to be otherthan on account of the amount due, and no endorsement or statement on any checkor any letter accompanying any check or payment of rent shall be deemed anaccord and satisfaction, and Landlord may accept such check as payment withoutprejudice to Landlord’s right to recover the balance of such installment orpayment of rent or pursue any other remedies available to Landlord.

4.2                                 OperatingExpenses.  Landlord shall cause theCommon Areas to be maintained in good condition. Tenant shall pay to Landlordon the first day of each month during the term hereof, in addition to the BaseRent, Tenant’s Share of all Operating Expenses in accordance with the followingprovisions:

(a)                                  “OperatingExpenses” are all costs incurred by Landlord relating to the ownership andoperation of the Industrial Center, Building and Premises including, but notlimited to, the following:

(i)                                     Theoperation, repair, maintenance and replacement in neat, clean, good order andcondition of the Common Areas, including parking areas, loading and unloadingareas, trash areas, roadways, sidewalks, walkways, parkways, driveways,landscaped areas, striping, bumpers, irrigation systems, drainage systems,lighting facilities, fences and gates, exterior signs and tenant directories.

(ii)                                  Water,gas, electricity, telephone and other utilities servicing the Common Areas.

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(iii)                               Trashdisposal, janitorial services, snow removal, property management andlife/safety systems.

(iv)                              Reservesset aside for maintenance, repair and replacement of the Common Areas andBuilding.

(v)                                 RealProperty Taxes above Base Year 2006.

(vi)                              Premiumsfor the insurance policies maintained by Landlord above Base Year 2006 underParagraph 8 hereof.

(vii)                           Environmentalmonitoring and insurance programs.

(viii)                        Monthlyamortization of capital improvements to the Common Areas and the Buildingcomponents.  The monthly amortization ofany given capital improvement shall be the sum of the (i) quotient obtained bydividing the cost of the capital improvement by Landlord’s estimate of thenumber of months of useful life of such improvement (which useful life shall beconsistent with the useful life of such item using GAAP) plus (ii) an amountequal to the cost of the capital improvement times 1/12 of the lesser of 12% orthe maximum annual interest rate permitted by law.

(ix)                                Maintenanceof the Building including, but not limited to, painting, caulking and repairand replacement of Building components, including, but not limited to,  elevators and fire detection and sprinklersystems.

(x)                                   IfTenant fails to maintain the Premises, any expense incurred by Landlord forsuch maintenance.

(b)                                 Tenant’sShare of Operating Expenses that are not specifically attributed to thePremises or Building (“Common Area Operating Expenses”) shall be thatpercentage shown in Paragraph 1.5(a). Tenant’s Share of Operating Expenses that are attributable to theBuilding (“Building Operating Expenses”) shall be that percentage shown inParagraph 1.5(b).  Landlord in itsreasonable discretion shall determine which Operating Expenses are Common AreaOperating Expenses, Building Operating Expenses or expenses to be entirelyborne by Tenant.

(c)                                  Theinclusion of the improvements, facilities and services set forth inSubparagraph 4.2(a) shall not be deemed to impose any obligation upon Landlordto either have said improvements or facilities or to provide those services.

(d)                                 Tenant shall pay monthly in advance on the same day as theBase Rent is due Tenant’s Share of estimated Operating Expenses and othercharges payable in the amount set forth in Paragraph 1.6.  Landlord shall deliver to Tenant within 90days after the expiration of each calendar year a reasonably detailed statementshowing Tenant’s Share of the actual Operating Expenses incurred during thepreceding year.  If Tenant’s estimatedpayments under this Paragraph 4(d) during the preceding year exceed Tenant’sShare as indicated on said

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statement, Tenant shall becredited the amount of such overpayment against Tenant’s Share of OperatingExpenses next becoming due.  If Tenant’sestimated payments under this Paragraph 4.2(d) during said preceding year wereless than Tenant’s Share as indicated on said statement, Tenant shall pay toLandlord the amount of the deficiency within thirty (30) days after delivery byLandlord to tenant of said statement.  Atany time Landlord may adjust the amount of the estimated Tenant’s Share ofOperating Expenses to reflect Landlord’s estimate of such expenses for theyear.

(e)                                  Notwithstanding anything to the contrary herein, “OperatingExpenses” shall not include:  (a) costsof repairs, restoration or other work occasioned by fire, wind, the elements orother casualty, to the extent covered by insurance proceeds received byLandlord; (b) income and franchise taxes of Landlord; (c) expenses incurred inleasing to or procuring of tenants, leasing commissions, advertising expensesand expenses for the renovating of space leased to tenants; (d) interest orprincipal payments on any mortgage, deed to secure debt or other indebtednessof Landlord; (e) operating expenses which are the individual responsibility ofTenant or of other tenants; (f) cost of any item for which Landlord receivedreimbursement (other than by virtue of a tenant paying its pro rata share ofOperating Expenses), by way of insurance proceeds, condemnation awards,warranty payments or otherwise; (g) costs paid to any affiliates or otherparties related to Landlord for services or materials to the extent such costsare in excess of the amount which would be paid to an unrelated third party atmarket prices for such materials or services; (h) any amounts payable byLandlord as a result of Landlord’s failure to perform its obligations on atimely basis including fines, penalties, late fees and overtime expenses; (i)rent or any other payments due pursuant to a ground lease; (j) cost of any workperformed for or service provided to any tenant which is in excess of the workavailable to Tenant under this Lease; (k) rental payment for any equipment tothe extent such expenses would be capital expenses if the equipment in questionwere purchased rather than leased; (l) legal expenses, accounting expenses orother professional fees arising out of any matter whatsoever other thandirectly in connection with the Operating Expenses or Taxes; (m) capitalexpenses of any kind whatsoever except as expressly permitted above; (n) costof removal, abatement or treatment of asbestos or any other HazardousSubstances (as hereinafter defined) on or from the Industrial Center or in orfrom the Building; (o) any costs related to the wages and fringe benefitspayable to any employees above the level of building manager; and any wages andfringe benefits properly including in Operating Expenses and paid to anyemployee whose time is split between the operation of the Building and otherbuildings shall be allocated to the Building based on the time spent inconnection with operating the Building; (p) any insurance premiums paid byLandlord in excess of commercially reasonable amounts.

(f)                                    Within ninety (90) days after Tenant receives Landlord’sOperating Expenses  statement, Tenant maycontest such statement by providing written notice to Landlord.  If Tenant timely contests such OperatingExpenses statement, Tenant shall have the right to inspect and examine, atreasonable times during normal business hours, Landlord’s books of account andrecords pertaining to the Operating Expenses, all at Tenant’s sole cost andexpense.  Such audit shall be conductedat the offices of the Building manager where such records are kept.  Landlord and/or Landlord’s Building managershall cooperate with Tenant and/or Tenant’s representatives with respect to anysuch specific inquiries or questions and with respect to the

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conduct of such audit, so as tofacilitate the prompt and efficient answer thereto and/or conduct of same, asapplicable.  Tenant shall notify Landlordof the results of such audit in writing. Landlord may have an agent or employee present during such inspectionand audit. Landlord shall have the right to dispute the results of Tenant’saudit.  Any such dispute shall beresolved by a certified public accountant mutually satisfactory to Landlord andTenant, or selected by  the AmericanArbitration Association if Landlord and Tenant cannot agree on the identity ofsuch accountant.  If the audit by Tenantshall ultimately disclose that Tenant has overpaid Landlord for its shareof  Operating Expenses, such overpaymentshall be applied to the next accruing installment(s) of Additional Rent duefrom Tenant, until such credit is depleted, or if insufficient installment(s)of Additional Rent remain, Landlord shall pay such sums to Tenant in cash.  If the audit shall ultimately disclose thatTenant has overpaid Landlord for its share of Operating Expenses by more thanfive percent (5%), Landlord shall reimburse Tenant for the reasonable costs ofsuch audit.

**5.****                                      SecurityDeposit.** Intentionally Deleted.

**6.****                                      Use.**

6.1                                 PermittedUse.  Tenant shall not use or occupythe Premises for any purpose other than for the Permitted Use set forth inParagraph 1.8. .  Nothing herein shallobligate Tenant to conduct business within the Premises. Tenant shall notcommit any nuisance, permit the emission of any objectionable noise or odor,suffer any waste, make any use of the Premises which is contrary to any law orordinance or which will invalidate or increase the premiums for any of Landlord’sinsurance. Landlord represents and warrants that use of the Premises for thePermitted Use is permitted by applicable laws and ordinances and will notinvalidate or increase the premiums of any of Landlord’s insurance. Tenantshall not service, maintain or repair vehicles (other than any forklifts andsimilar equipment used by Tenant) on the Premises, Building or CommonAreas.  Tenant shall not store foods,pallets, drums or any other materials outside the Premises. Landlord makes no(and does hereby expressly disclaim any) covenant, representation or warrantyas to the Permitted Use being allowed by or being in compliance with anyapplicable laws, rules, ordinances or restrictive covenants now or hereafteraffecting the Premises, and any zoning letters, copies of zoning ordinances orother information from any governmental agency or other third party provided toTenant by Landlord or any of Landlord’s agents or employees shall be forinformational purposes only, Tenant hereby expressly acknowledging and agreeingthat Tenant shall conduct and rely solely on its own due diligence andinvestigation with respect to the compliance of the Permitted Use with all suchapplicable laws, rules, ordinances and restrictive covenants and not on anysuch information provided by Landlord or any of its agents or employees.

6.2                                 HazardousSubstances.

(a)                                  ReportableUses Require Consent.  The term “HazardousSubstance” as used in this Lease shall mean any product, substance, chemical,material or waste whose presence, nature, quantity and/or intensity ofexistence, use, manufacture, disposal, transportation, spill, release oreffect, either by itself or in combination with other materials

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expected to be onthe Premises, is either:  (i) potentiallyinjurious to the public health, safety or welfare, the environment, or thePremises; (ii) regulated or monitored by any governmental authority; or (iii) abasis for potential liability of Landlord to any governmental agency or thirdparty under any applicable statute or common law theory.  Hazardous Substance shall include, but not belimited to, hydrocarbons, petroleum, gasoline, crude oil or any products orby-products thereof.  Tenant shall notengage in any activity in or about the Premises which constitutes a ReportableUse (as hereinafter defined) of Hazardous Substances without the express priorwritten consent of Landlord (which shall not be unreasonably withheld,conditioned or delayed and compliance in a timely manner (at Tenant’s sole costand expense) with all Applicable Requirements (as defined in Paragraph 6.3).  “Reportable Use” shall mean (i) theinstallation or use of any above or below ground storage tank, (ii) thegeneration, possession, storage, use, transportation, or disposal of aHazardous Substance that requires a permit from, or with respect to which areport, notice, registration or business plan is required to be filed with, anygovernmental authority, and (iii) the presence in, on or about the Premises ofa Hazardous Substance with respect to which any Applicable Requirements requirethat a notice be given to persons entering or occupying the Premises orneighboring properties.  Notwithstandingthe foregoing, Tenant may, without Landlord’s prior consent, but upon notice toLandlord and in compliance with all Applicable Requirements, use any ordinaryand customary materials reasonably required to be used by Tenant in the normalcourse of the Permitted Use, so long as such use is not a Reportable Use anddoes not expose the Premises, or neighboring properties to any meaningful riskof contamination or damage or expose Landlord to any liability therefor.  In addition, Landlord may (but without anyobligation to do so) condition its consent to any Reportable Use of anyHazardous Substance by Tenant upon Tenant’s giving Landlord such additionalassurances as Landlord, in its reasonable discretion, deems necessary toprotect itself, the public, the Premises and the environment against damage,contamination or injury and/or liability therefor, including but not limited tothe installation (and, at Landlord’s option, removal on or before Leaseexpiration or earlier termination) of reasonably necessary protectivemodifications to the Premises (such as concrete encasements) and/or the depositof an additional Security Deposit. Tenant acknowledges (i) completion ofEnvironmental and Use Questionnaire (Exhibit C) and (ii) Landlord’s relianceupon same as a material inducement to enter into the Lease.

(b)                                 Dutyto Inform.  If Tenant knows, or hasreasonable cause to believe, that a Hazardous Substance is located in, under orabout the Premises or the Building, Tenant shall immediately give Landlordwritten notice thereof, together with a copy of any statement, report, notice,registration, application, permit, business plan, license, claim, action, orproceeding given to, or received from, any governmental authority or privateparty concerning the presence, spill, release, discharge of, or exposure to,such Hazardous Substance.  Tenant shallnot cause or permit any Hazardous Substance to be spilled or released in, on, underor about the Premises (including, without limitation, through the plumbing orsanitary sewer system).

If Landlord knows,or has reasonable cause to believe, that Landlord or any employee, contractor,tenant or invitee of Landlord has introduced any Hazardous Substance in, underor about the Premises or the Building, Landlord shall immediately give Tenantwritten notice thereof, together with a copy of any statement, report, notice,registration, application, permit, business plan,

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license, claim,action, or proceeding given to, or received from, any governmental authority orprivate party concerning the presence, spill, release, discharge of, orexposure to, such Hazardous Substance. Landlord shall not spill or release or permit any of its employees, contractors,tenants or invitees to spill or release any Hazardous Substance in, on, underor about the Premises (including, without limitation, through the plumbing orsanitary sewer system), Building or Common Areas.

(c)                                  Indemnification.  Tenant shall indemnify, protect, defend andhold Landlord, Landlord’s affiliates, Lenders, and the officers, directors,shareholders, partners, employees, managers, independent contractors, attorneysand agents of the foregoing (“Landlord Entities”) and the Premises, harmlessfrom and against any and all damages, liabilities, judgments, costs, claims,liens, expenses, penalties, loss of permits and attorneys’ and consultants’fees arising out of or involving any Hazardous Substance brought onto thePremises by or for Tenant or by any of Tenant’s employees, agents, contractorsor invitees.  Tenant’s obligations underthis Paragraph 6.2(c) shall include, but not be limited to, the effects of anycontamination or injury to person, property or the environment created orsuffered by Tenant or Tenant’s employees, agents, contractors or invitees, andthe cost of investigation (including consultants’ and attorneys’ fees andtesting), removal, remediation, restoration and/or abatement thereof, or of anycontamination therein involved.  Tenant’sobligations under this Paragraph 6.2(c) shall survive the expiration or earliertermination of this Lease.

Landlord shallindemnify, protect, defend and hold Tenant, Tenant’s affiliates, Lenders, andthe officers, directors, shareholders, partners, employees, managers,independent contractors, attorneys and agents of the foregoing (“TenantEntities”), harmless from and against any and all damages, liabilities,judgments, costs, claims, liens, expenses, penalties, loss of permits andattorneys’ and consultants’ fees arising out of or involving any HazardousSubstance brought onto the Industrial Center by or for Landlord or by any ofLandlord’s employees, agents, contractors or invitees.  Landlord’s obligations under this Paragraph6.2(c) shall include, but not be limited to, the effects of any contaminationor injury to person, property or the environment created or suffered byLandlord, and the cost of investigation (including consultants’ and attorneys’fees and testing), removal, remediation, restoration and/or abatement thereof,or of any contamination therein involved. Landlord’s obligations under this Paragraph 6.2(c) shall survive theexpiration or earlier termination of this Lease.

6.3                                 Tenant’sCompliance with Requirements.  Tenantshall, at Tenant’s sole cost and expense, fully, diligently and in a timelymanner, comply with all “Applicable Requirements,” which term is used in thisLease to mean all laws, rules, regulations, ordinances, directives, covenants,easements and restrictions of record, permits, the requirements of anyapplicable fire insurance underwriter or rating bureau, and the recommendationsof Landlord’s engineers and/or consultants, relating in any manner to thePremises (including but not limited to matters pertaining to (i) industrialhygiene, (ii) environmental conditions on, in, under or about the Premises,including soil and groundwater conditions, and (iii) the use, generation,manufacture, production, installation, maintenance, removal, transportation,storage, spill or release of any Hazardous Substance), now in effect or whichmay hereafter come into effect.  Tenantshall, within 5 days after receipt of Landlord’s written request, provideLandlord with copies of all

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documents andinformation evidencing Tenant’s compliance with any Applicable Requirements andshall immediately upon receipt, notify Landlord in writing (with copies of anydocuments involved) of any threatened or actual claim, notice, citation,warning, complaint or report pertaining to or involving failure by Tenant orthe Premises to comply with any Applicable Requirements.

6.4                                 Inspection;Compliance with Law.  In addition toLandlord’s environmental monitoring and insurance program, the cost of which isincluded in Operating Expenses, Landlord and the holders of any mortgages,deeds of trust or ground leases on the Premises (“Lenders”) shall have theright to enter the Premises at any time in the case of an emergency, andotherwise at reasonable times, for the purpose of inspecting the condition ofthe Premises and for verifying compliance by Tenant with this Lease and allApplicable Requirements.  Landlord shallbe entitled to employ experts and/or consultants in connection therewith toadvise Landlord with respect to Tenant’s installation, operation, use,monitoring, maintenance, or removal of any Hazardous Substance on or from thePremises.  The cost and expenses of anysuch inspections shall be paid by the party requesting same. Landlord shall usereasonable efforts to ensure any such entry into the Premises to be performedin a manner that does not materially interfere with Tenant’s use and enjoymentof the Premises and shall indemnify, protect, defend and hold Tenant, theTenant Entities and the Premises, harmless from and against any and all damages,liabilities, judgments, costs, claims, liens, expenses, penalties, loss ofpermits and attorneys’ and consultants’ fees arising out of any such entry intothe Premises.

**7.****                                      Maintenance,Repairs, Trade Fixtures and Alterations.**

7.1                                 Tenant’sObligations.  Subject to theprovisions of Paragraph 7.2 (Landlord’s Obligations), Paragraph 9 (Damage orDestruction), Paragraph 14 (Condemnation) and Landlord’s obligation to deliverthe Premises to Tenant in Required Delivery Condition, Tenant shall, at Tenant’ssole cost and expense and at all times, keep the Premises and every partthereof in good order, condition and repair (whether or not such portion of thePremises requiring repair, or the means of repairing the same, are reasonableor readily accessible to Tenant and whether or not the need for such repairsoccurs as a result of Tenant’s use, any prior use, the elements or the age ofsuch portion of the Premises) including, without limiting the generality of theforegoing, all equipment or facilities exclusively serving the Premises and noother space, such as plumbing, heating, air conditioning, ventilating,electrical, lighting facilities, boilers, fired or unfired pressure vessels,fire hose connectors if within the Premises, fixtures, interior walls, interiorsurfaces of exterior walls, ceilings, floors, windows, doors, plate glass, andskylights, but excluding any items which are the responsibility of Landlordpursuant to Paragraph 7.2 below.  Tenant’sobligations shall include restorations, replacements or renewals when necessaryto keep the Premises and all improvements thereon or a part thereof in goodorder, condition and state of repair.

7.2                                 Landlord’sObligations.  Subject to theprovisions of Paragraph 6 (Use), Paragraph 7.1 (Tenant’s Obligations), Paragraph9 (Damage or Destruction) and Paragraph 14 (Condemnation), Landlord at itsexpense and not subject to reimbursement pursuant to Paragraph 4.2, shall keepin good order, condition and repair (including replacements) the foundations,

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structural componentsof the roof, floor slab, exterior walls of the Building, utility systems(including, but not limited to, any plumbing, heating, air conditioning,ventilating, electrical, mechanical, lighting facilities, boilers, fired orunfired pressure vessels, fire hose connectors) that do not serve the Premisesexclusively and any portions of any utility systems located outside thePremises.  Landlord, subject toreimbursement pursuant to Paragraph 4.2, shall keep in good order, conditionand repair the nonstructural components of the Building roof and Common Areas.

7.3                                 Alterations.  Tenant shall not make nor cause to be madeany alterations, installations in, on, under or about the Premises without theprior written consent of Landlord, which shall not be unreasonably withheld,conditioned or delayed.  Notwithstandingthe foregoing, Tenant shall have the right to make cosmetic non-structuralalterations to the Premises, such as painting, carpeting and wall papering,costing no more than $50,000.00.  Anyalterations, physical additions or improvements to the Premises made by Tenantshall at once become the property of Landlord and shall be surrendered toLandlord upon the expiration or earlier termination of this Lease.  Nothing in this Lease shall be deemed to be,or construed in any way as constituting, the consent or request of Landlord,expressed or implied, by inference or otherwise, to any person, firm orcorporation for the performance of any labor or the furnishing of any materialsfor any construction, rebuild­ing, alteration or repair of or to the Premisesor any part thereof, nor as giving Tenant any right, power or authority tocontract for or permit the rendering of any services or the furnishing of anymaterials which might in any way give rise to the right to file any lienagainst Landlord’s interest in the Premises. Landlord shall have the right to post and keep posted at all reasonabletimes on the Premises any notices which Landlord shall be required so to postfor the protection of Landlord and the Demised Premises from any suchlien.  Tenant agrees to promptly executesuch instruments in recordable form as are necessary to give public notice ofthe terms and conditions hereof.  Tenantis hereby informed that Landlord may have already filed a notice in the publicrecords which precludes the Landlord’s interest in Building from being subjectto the liens of contractors performing work for Tenant.

7.4                                 Surrender/Restoration.  Tenant shall surrender the Premises by theend of the last day of the Lease term or any earlier termination date, cleanand free of debris and in good operating order, condition and state of repair,ordinary wear and tear excepted.  Withoutlimiting the generality of the above, Tenant shall remove all personalproperty, trade fixtures and floor bolts, patch all floors and cause all lightsto be in good operating condition.

**8.****                                      Insurance;Indemnity.**

8.1                                 Paymentof Premiums.  The cost of thepremiums above the Base Year 2006 for the insurance policies maintained byLandlord under this Paragraph 8 shall be a Common Area Operating Expensepursuant to Paragraph 4.2 hereof. Premiums for policy periods commencing prior to, or extending beyond,the term of this Lease shall be prorated to coincide with the correspondingCommencement Date or Expiration Date.

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8.2                                 Tenant’sInsurance.

(a)                                  Atits sole cost and expense, Tenant shall maintain in full force and effectduring the Term of the lease the following insurance coverages insuring againstclaims which may arise from or in connection with the Tenant’s operation anduse of the leased premises.

(i)                                     CommercialGeneral Liability with minimum limits of $1,000,000 per occurrence; $3,000,000general aggregate for bodily injury, personal injury and property damage.

(ii)                                  Workers’Compensation insurance with statutory limits and Employers Liability with a$1,000,000 per accident limit for bodily injury or disease.

(iii)                               AutomobileLiability covering all owned, non-owned and hired vehicles with a $1,000,000per accident limit for bodily injury and property damage.

(iv)  “All risk” property insurance insuring lossto any tenant improvements or betterments and business personal property on afull replacement cost basis with no coinsurance penalty provision; and BusinessInterruption Insurance with a limit of liability representing loss of at leastapproximately six months of income.

(b)                                 Tenantshall deliver to Landlord certificates of all insurance reflecting evidence ofrequired coverages prior to initial occupancy; and annually thereafter.

(c)                                  If,in the reasonable opinion of Landlord’s insurance advisor, the amount or scopeof such coverage is deemed inadequate at any time during the Term, Tenant shallincrease such coverage to such reasonable amounts or scope as Landlord’sadvisor deems adequate.

(d)                                 Allinsurance required under Paragraph 8.2 (a) shall (i) be primary andnon-contributory; (ii) provide for severability of interests, (iii) be issuedby insurers, licensed to do business in the state in which the Premises arelocated and which are rated A:VII or better by Best’s Key Rating Guide, (iv) beendorsed to include Landlord and such other persons or entities as Landlord mayfrom time to time designate in a written notice to Tenant, as additionalinsureds (Commercial General Liability only), and (v) be endorsed to providethat the insurer will endeavor to provide at least 30-days prior notificationof cancellation or material change in coverage to said additional insureds.

8.3                                 Landlord’sInsurance.  Landlord shall maintainall risk, including earthquake and flood, insurance covering the buildingswithin the Industrial Center, Commercial General Liability and such otherinsurance in such amounts and covering such other liability or hazards asdeemed appropriate by Landlord.  Theamount and scope of coverage of Landlord’s insurance shall be determined byLandlord from time to time in its sole discretion and shall be subject to suchdeductible amounts as Landlord may elect. Landlord shall have the right to reduce or terminate any insurance orcoverage.  Premiums above the Base Yearper Paragraph 4.2 for any such insurance shall be a Common Area OperatingExpense.

8.4                                 Waiverof Subrogation.  To the extentpermitted by law and without affecting the coverage provided by insurancerequired to be maintained hereunder, Landlord and Tenant each

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waive any right torecover against the other on account of any and all claims Landlord or Tenantmay have against the other with respect to property insurance actually carried,or required to be carried hereunder, to the extent of the proceeds realizedfrom such insurance coverage.

8.5                                 (a)                                  Indemnity.  Tenant shall protect, indemnify and hold theLandlord Entities harmless from and against any and all loss, claims, liabilityor costs (including court costs and attorney’s fees) incurred by reason of:

(i)                                     anydamage to any property (including but not limited to property of any LandlordEntity) or death or injury to any person occurring in or about the Premises,the Building or the Industrial Center to the extent that such injury or damageshall be caused by or arise from negligence or willful misconduct by or ofTenant, its agents, servants, employees, invitees, or visitors;

(ii)                                  anybreach or default of the part of Tenant in the performance of any covenant oragreement on the part of the Tenant to be performed pursuant to this Lease.

(b)                                 Cross-Indemnity.  Landlord shall protect, indemnify and holdthe Tenant Entities harmless from and against any and all loss, claims,liability or costs (including court costs and attorney’s fees) incurred byreason of:

(i)                                     anydamage to any property (including but not limited to property of any TenantEntity) or death or injury to any person occurring in or about the Premises,the Building or the Industrial Center to the extent that such injury or damageshall be caused by or arise from negligence or willful misconduct by Landlord,its agents, servants, employees, invitees, or visitors;

The provisions ofboth Paragraph 8.5 (a) and Paragraph 8.5 (b) shall survive the termination ofthis Lease with respect to any claims or liability accruing prior to suchtermination.

8.6                                 Exemptionof Landlord from Liability.  Exceptto the extent caused by the gross negligence or willful misconduct of Landlordor any of the Landlord Entities, Landlord Entities shall not be liable for andTenant waives any claims against Landlord Entities for injury or damage to theperson or the property of Tenant, Tenant’s employees, contractors, invitees,customers or any other person in or about the Premises, Building or IndustrialCenter from any cause whatsoever, including, but not limited to, damage orinjury which is caused by or results from (i) fire, steam, electricity, gas,water or rain, or from the breakage, leakage, obstruction or other defects ofpipes, fire sprinklers, wires, appliances, plumbing, air conditioning orlighting fixtures or (ii) from the condition of the Premises, other portions ofthe Building or Industrial Center. Landlord shall not be liable for any damages arising from any act orneglect of any other tenant of Landlord nor from the failure by Landlord toenforce the provisions of any other lease in the Industrial Center.  Notwithstanding Landlord’s negligence orbreach of this Lease, Landlord shall under no circumstances be liable forinjury to Tenant’s business, for any loss of income or profit therefrom or anyindirect, consequential or punitive damages.

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**9.****                                      Damageor Destruction.**

9.1                                 TerminationRight.  Tenant shall give Landlordimmediate written notice of any material damage to the Premises.  Subject to the provisions of Paragraph 9.2,if the Premises or the Building shall be damaged to such an extent that thereis substantial interference for a period exceeding sixty (60) consecutive dayswith the conduct by Tenant of its business at the Premises, Tenant, at any timeprior to commencement of repair of the Premises and following 10 days writtennotice to Landlord, may terminate this Lease effective 30 days after deliveryof such notice to Landlord.  Suchtermination shall not excuse the performance by Tenant of those covenants,which under the terms hereof survive termination.  Rent shall be abated in proportion to thedegree of interference during the period that there is such substantialinterference with the conduct of Tenant’s business at the Premises.  Abatement of rent and Tenant’s right oftermination pursuant to this provision shall be Tenant’s sole remedy forfailure of Landlord to keep in good order, condition and repair the foundationsand exterior walls of the Building, Building roof, utility systems outside theBuilding, the Common Areas and HVAC.

9.2                                 DamageCaused by Tenant.  Tenant’s terminationrights under Paragraph 9.1 shall not apply if the damage to the Premises orBuilding is the result of any act or omission of Tenant or of any of Tenant’sagents, employees, customers, invitees or contractors (“Tenant Acts”).  Any damage resulting from a Tenant Act shallbe promptly repaired by Tenant.  Landlordat its option may at Tenant’s expense repair any damage caused by TenantActs.  Tenant shall continue to pay allrent and other sums due hereunder and shall be liable to Landlord for alldamages that Landlord may sustain resulting from a Tenant Act.

**10.****                               RealProperty Taxes.**

10.1                           Paymentof Real Property Taxes.  Landlordshall pay the Real Property Taxes due and payable during the term of this Leaseand, except as otherwise provided in Paragraph 10.3, any such amounts above theBase Year 2006 shall be included in the calculation of Operating Expenses inaccordance with the provisions of Paragraph 4.2.

10.2                           RealProperty Tax Definition.  As usedherein, the term “Real Property Taxes” is any form of real estate tax orassessment, general, special, ordinary or extraordinary, imposed or levied upon(a) the Industrial Center, or (b) any interest of Landlord in the IndustrialCenter.  Real Property Taxes include (i)any license fee, improvement bond or bonds, levy or tax; (ii) any tax or chargewhich replaces or is in addition to any of such above-described “Real PropertyTaxes” and (iii) any fees, expenses or costs (including attorney’s fees, expertfees and the like) incurred by Landlord in protesting or contesting anyassessments levied or any tax rate (but only to the extent of actual savingsachieved by any such protest or contest). The term “Real Property Taxes” shall also include any increase resultingfrom a change in the ownership of the Industrial Center or Building, theexecution of this Lease or any modification, amendment or transferthereof.  Real Property Taxes for taxyears commencing prior to, or extending beyond, the term of this Lease shall beprorated to coincide with the corresponding Commencement Date or ExpirationDate. Notwithstanding anything to the contrary herein, “Real Property Taxes”shall

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not include (i) income,intangible, franchise, capital stock, excise, estate or inheritance taxes ortaxes substituted for or in lieu of the foregoing exclusions; or (ii) taxes onrents, gross receipts or revenues of Landlord from the Industrial Center

10.3                           AdditionalImprovements.  Operating Expensesshall not include Real Property Taxes attributable to improvements placed uponthe Industrial Center by other tenants or by Landlord for the exclusiveenjoyment of such other tenants. Notwithstanding Paragraph 10.1 hereof, Tenant shall, however, pay toLandlord at the time Operating Expenses are payable under Paragraph 4.2, theentirety of any increase in Real Property Taxes if assessed by reason ofimprovements placed upon the Premises by Tenant or at Tenant’s request.

10.4                           JointAssessment.  If the Building is notseparately assessed, Real Property Taxes allocated to the Building shall be anequitable proportion of the Real Property Taxes for all of the land andimprovements included within the tax parcel assessed.

10.5                           Tenant’sProperty Taxes.  Tenant shall payprior to delinquency all taxes assessed against and levied upon Tenant’simprovements, fixtures, furnishings, equipment and all personal property ofTenant contained in the Premises or stored within the Industrial Center.

**11.****                               Utilities.**  Tenant shall pay directly for all utilitiesand services supplied to the Premises, including but not limited toelectricity, telephone, security, gas and cleaning of the Premises, togetherwith any taxes thereon. Landlord represents and warrants that electricity andgas are separately metered to the Premises. In the event that any such utilities are interrupted for more than 48continuous hours due to any negligent or willful act or omission of Landlord orany employee, contractor or invitee of Landlord, Tenant shall have the right toabate Rent one (1) day for each day that such interruption continues.

**12.****                               Assignmentand Subletting.**

12.1                           Landlord’sConsent Required.

(a)                                  Tenantshall not assign, transfer, mortgage or otherwise transfer or encumber(collectively, “assign”) or sublet all or any part of Tenant’s interest in thisLease or in the Premises without Landlord’s prior written consent which consentshall not be unreasonably withheld. Relevant criteria in determining reasonability of consent include, butare not limited to, credit history of a proposed assignee or sublessee,references from prior landlords, any substantial adverse change orintensification of use of the Premises or the Common Areas and any limitationsimposed by the Internal Revenue Code and the Regulations promulgated thereunderrelating to Real Estate Investment Trusts. Assignment or sublet shall not release Tenant from its obligationshereunder.  Tenant shall not (i) subletor assign or enter into other arrangements such that the amounts to be paid bythe sublessee or assignee thereunder would be based, in whole or in part, onthe income or profits derived by the business activities of the sublessee orassignee; or (ii) sublet the Premises or assign this Lease in any other mannerwhich could cause any portion of the amounts received by Landlord pursuant tothis Lease or any sublease to fail to qualify as “rents from real property”within the meaning of Section 856(d) of

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the Code, or whichcould cause any other income received by Landlord to fail to qualify as incomedescribed in Section 856(c)(2) of the Internal Revenue Code (the “Code”).  The requirements of this Section 12.1 shallapply to any further subleasing by any subtenant.

(b)                                 Notwithstandingany provision in this Lease to the contrary, Tenant shall be entitled to assignthis Lease or sublease all or a portion of the Premises without Landlord’sconsent but only after written notice to Landlord, to a corporation or entity(an “Affiliate”) in control of, controlled by or under common control withTenant.

(c)                                  Notwithstandingany provision in this Lease to the contrary, Tenant shall be entitled to assignthis Lease in connection with a merger, consolidation or other businesscombination transaction, without Landlord’s consent but only after writtennotice to Landlord, provided that such surviving entity executes an agreement,in form and substance satisfactory to Landlord, which memorializes that suchsurviving corporation shall be fully liable for the performance of theobligations of Tenant under this Lease.

(d)                                 Achange in the control of Tenant shall constitute an assignment requiringLandlord’s consent.  The transfer, on acumulative basis, of 51% or more of the voting or management control of Tenantshall constitute a change in control for this purpose.

(e)                                  Noacceptance by Landlord of any rent or any other sum of money from any assignee,sublessee or other category of transferee shall be deemed to constituteLandlord’s consent to any assignment, sublease, or transfer.  No such assignment, subletting, occupancy orcollection shall be deemed the acceptance of the assignee, tenant or occupant,as Tenant, or a release of Tenant from the further performance by Tenant ofTenant’s obligations under this Lease. Any assignment or sublease consented to by Landlord shall not relieveTenant (or its assignee) from obtaining Landlord’s consent to any subsequentassignment or sublease.

**13.****                               Default;Remedies.**

13.1                           Default.  The occurrence of any one of the followingevents shall constitute an event of default on the part of Tenant (“Default”):

(a)                                  Theabandonment of the Premises by Tenant (Tenant may vacate the Premises and thePremises shall not be deemed abandoned so long as Tenant is maintaining thePremises and meeting all its other obligations under this Lease);

(b)                                 Failureto pay any installment of Base Rent, Additional Rent or any other monies dueand payable hereunder, said failure continuing for a period of five (5) daysafter written notice from Landlord;

(c)                                  Ageneral assignment by Tenant for the benefit of creditors;

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(d)                                 Thefiling of a voluntary petition in bankruptcy by Tenant, the filing of avoluntary petition for an arrangement, the filing of a petition, voluntary orinvoluntary, for reorganization, or the filing of an involuntary petition byTenant’s creditors; if such petition is not dismissed within ninety (90) daysafter filing;

(e)                                  Receivership,attachment, of other judicial seizure of the Premises or all or substantiallyall of Tenant’s assets on the Premises;

(f)                                    Failureof Tenant to maintain insurance as required by Paragraph 8.2;

(g)                                 Anymaterial breach by Tenant of its covenants under Paragraphs 6.2 or 6.3,including a material misrepresentation in completion of Tenant’s Environmentaland Use Questionnaire (Exhibit C) with said breach continuing for a period often (10) days following Landlord’s written notice thereof to Tenant; and

(h)                                 Failurein the performance of any of Tenant’s covenants, agreements or obligationshereunder (except those failures specified as events of Default in otherParagraphs of this Paragraph 13.1 which shall be governed by such otherParagraphs), which failure continues for 20 days after written notice thereoffrom Landlord to Tenant provided that, if Tenant has exercised reasonablediligence to cure such failure and such failure cannot be cured within such 20day period despite reasonable diligence, Tenant shall not be in default underthis subparagraph unless Tenant fails thereafter diligently and continuously toprosecute the cure to completion;

13.2                           Remedies.  In the event of any Default by Tenant,Landlord shall have the remedies set forth in the Addendum attached heretoentitled “Landlord’s Remedies in Event of Tenant Default, State of Georgia”.

13.3                           LateCharges.  Tenant hereby acknowledgesthat late payment by Tenant to Landlord of rent and other sums due hereunderwill cause Landlord to incur costs not contemplated by this Lease, the exactamount of which will be extremely difficult to ascertain.  Such costs include, but are not limited to,processing and accounting charges. Accordingly, if any installment of rent or other sum due from Tenant shallnot be received by Landlord or Landlord’s designee within 10 days after suchamount shall be due, then, without any requirement for notice to Tenant, Tenantshall pay to Landlord a late charge equal to 5% of such overdue amount.  The parties hereby agree that such latecharge represents a fair and reasonable estimate of the costs Landlord willincur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitutea waiver of Tenant’s Default with respect to such overdue amount, nor preventLandlord from exercising any of the other rights and remedies grantedhereunder.

**14.****                               Condemnation. **If the Premises or any portion thereofare taken under the power of eminent domain or sold under the threat ofexercise of said power (all of which are herein called “condemnation”), thisLease shall terminate as to the part so taken as of the date the condemningauthority takes title or possession, whichever first occurs.  If more than 10% of the floor area of

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the Premises, ormore than 25% of the portion of the Common Areas designated for Tenant’sparking, is taken by condemnation, Tenant may, at Tenant’s option, to beexercised in writing within 10 days after Landlord shall have given Tenantwritten notice of such taking (or in the absence of such notice, within 10 daysafter the condemning authority shall have taken possession) terminate thisLease as of the date the condemning authority takes such possession.  If Tenant does not terminate this Lease inaccordance with the foregoing, this Lease shall remain in full force and effectas to the portion of the Premises remaining, except that the Base Rent shall bereduced in the same proportion as the rentable floor area of the Premises takenbears to the total rentable floor area of the Premises.  No reduction of Base Rent shall occur if thecondemnation does not apply to any portion of the Premises.  Any award for the taking of all or any partof the Premises under the power of eminent domain or any payment made underthreat of the exercise of such power shall be the property of Landlord,provided, however, that Tenant shall be entitled to any compensation,separately awarded to Tenant for Tenant’s relocation expenses and/or loss ofTenants trade fixtures.  In the eventthat this Lease is not terminated by reason of such condemnation, Landlordshall to the extent of its net severance damages in the condemnation matter,repair any damage to the Premises caused by such condemnation authority.  Tenant shall be responsible for the paymentof any amount in excess of such net severance damages required to complete suchrepair.

**15.****                               EstoppelCertificate and Financial Statements.**

15.1                           EstoppelCertificate.  Each party (hereinreferred to as “Responding Party”) shall within 10 days after written noticefrom the other Party (the “Requesting Party”) execute, acknowledge and deliverto the Requesting Party, to the extent it can truthfully do so, an estoppelcertificate in the form attached hereto, plus such additional information,confirmation a/or statements as be reasonably requested by the RequestingParty.

15.2                           FinancialStatement.  If Landlord desires tofinance, refinance, or sell the Building, Industrial Center or any partthereof, Tenant shall deliver to any potential lender or purchaser designatedby Landlord financial statements of Tenant for the past 3 years.  All such financial statements shall bereceived by Landlord and such lender or purchaser in confidence and shall beused only for the purposes herein set forth.

**16.****                               AdditionalCovenants and Provisions.**

16.1                           Severability.  The invalidity of any provision of thisLease, as determined by a court of competent jurisdiction, shall not affect thevalidity of any other provision hereof.

16.2                           Intereston Past-Due Obligations.  Anymonetary payment due Landlord hereunder not received by Landlord within 10 daysfollowing the date on which it was due shall bear interest from the date due at12% per annum, but not exceeding the maximum rate allowed by law in addition tothe late charge provided for in Paragraph 13.3.

16.3                           Timeof Essence.  Time is of the essencewith respect to the performance of all obligations to be performed or observedby the Parties under this Lease.

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16.4                           LandlordLiability.  Tenant, its successorsand assigns, shall not assert nor seek to enforce any claim for breach of thisLease against any of Landlord’s assets other than Landlord’s interest in theIndustrial Center, which interest includes, without limitation, all insuranceproceeds and condemnation awards and all rents and profits derived from andafter the date Tenant declares a default hereunder.  Tenant agrees to look solely to such interestfor the satisfaction of any liability or claim against Landlord under thisLease.  In no event whatsoever shallLandlord (which term shall include, without limitation, any general or limitedpartner, trustees, beneficiaries, officers, directors, or stockholders ofLandlord) ever be personally liable for any such liability.

16.5                           NoPrior or Other Agreements.  ThisLease contains all agreements between the Parties with respect to any mattermentioned herein, and supersedes all oral, written prior or contemporaneousagreements or understandings.

16.6                           NoticeRequirements.  All notices requiredor permitted by this Lease shall be in writing and may be delivered in person(by hand or by messenger or courier service) or may be sent by regular,certified or registered mail or U.S. Postal Service Express Mail, with postageprepaid, and shall be deemed sufficiently given if served in a manner specifiedin the Paragraph 16.6.  The addressesnoted adjacent to a Party’s signature on this Lease shall be that Party’saddress for delivery, or mailing.  EitherParty may by written notice to the other specify a different address for noticepurposes, except that upon Tenant’s taking possessing of the Premises, thePremises shall constitute Tenant’s address for the purpose of mailing ordelivering notices to Tenant.  A copy ofall notices required or permitted to be given to Landlord hereunder shall beconcurrently transmitted to such party or parties at such addresses as notedbelow Landlord’s signature block or as Landlord may from time to time hereafterdesignate by written notice to Tenant.

16.7                           Dateof Notice.  Any notice sent byregistered or certified mail, return receipt requested, shall be deemed givenon the date of delivery shown on the receipt card, or if no delivery date isshown, the postmark thereon.  If sent byregular mail, the notice shall be deemed given upon delivery to Landlord orTenant.  Notices delivered by UnitedStates Express Mail or overnight courier that guarantees next day deliveryshall be deemed given upon delivery to Landlord or Tenant.  If notice is received on a Saturday or aSunday or a legal holiday, it shall be deemed received on the next businessday.

16.8                           Waivers.  No waiver by Landlord or Tenant of a defaultby the other party shall be deemed a waiver of any other term, covenant orcondition hereof, or of any subsequent default by the other party of the sameor any other term, covenant or condition hereof.

16.9                           Holdover.  Tenant has no right to retain possession ofthe Premises or any part thereof beyond the expiration or earlier terminationof this Lease.  If Tenant holds over withthe consent of Landlord:  (i) the BaseRent payable shall be increased to 150% of the Base Rent applicable during themonth immediately preceding such expiration or earlier termination; (ii) Tenant’sright to possession shall terminate on 30 days notice from Landlord and (iii)all other

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terms andconditions of this Lease shall continue to apply.  Nothing contained herein shall be construedas a consent by Landlord to any holding over by Tenant.  Tenant shall indemnify, defend and holdLandlord harmless from and against any and all claims, demands, actions,losses, damages, obligations, costs and expenses, including, withoutlimitation, attorneys’ fees incurred or suffered by Landlord by reason ofTenant’s failure to surrender the Premises on the expiration or earliertermination of this Lease in accordance with the provisions of this Lease;provided, however, that Tenant shall be liable for consequential damages if andonly if Landlord has an executed Lease for the Premises with a third partytenant, and Landlord has provided Tenant with written notice not less than ten(10) days prior to the date Landlord requires possession of the Premises perthe Lease with a third party tenant.

16.10                     CumulativeRemedies.  No remedy or electionhereunder shall be deemed exclusive but shall, wherever possible, be cumulativewith all other remedies in law or in equity.

16.11                     BindingEffect: Choice of Law.  This Leaseshall be binding upon the Parties, their personal representatives, successorsand assigns and be governed by the laws of the State in which the Premises arelocated.  Any litigation between theParties hereto concerning this Lease shall be initiated in the county in whichthe Premises are located.

16.12                     Landlord.  The covenants and obligations contained inthis Lease on the part of Landlord are binding on Landlord, its successors andassigns, only during and in respect of their respective period of ownership ofsuch interest in the Industrial Center. In the event of any transfer or transfers of such title to theIndustrial Center, Landlord (and in case of any subsequent transfers orconveyances, the then grantor) shall be concurrently freed and relieved fromand after the date of such transfer or conveyance, without any furtherinstrument or agreement, of all liability with respect to the performance ofany covenants or obligations on the part of Landlord contained in this Leasethereafter to be performed provided that the purchaser, transferee, or assigneeassumes in writing, all of Landlord’s obligations under this Lease arisingafter the date of such sale, transfer or assignment.

16.13                     Attorneys’Fees and Other Costs.  If any Partybrings an action or proceeding to enforce the terms hereof or declare rightshereunder, the Prevailing Party (as hereafter defined) in any such proceedingshall be entitled to reasonable attorneys’ fees.  The term “Prevailing Party” shall include,without limitation, a Party who substantially obtains or defeats the reliefsought.  Landlord shall be entitled toreasonable attorneys’ fees, costs and expenses incurred in preparation andservice of notices of Default and consultations in connection therewith,whether or not a legal action is subsequently commenced in connection with suchDefault or resulting breach.  Tenantshall reimburse Landlord on demand for all reasonable legal, engineering andother professional services expenses incurred by Landlord in connection withall requests by Tenant for consent or approval hereunder.

16.14                     Landlord’sAccess; Showing Premises; Repairs. Landlord and Landlord’s agents shall have the right to enter thePremises at any time, in the case of an emergency, and otherwise at reasonabletimes upon reasonable notice for the purpose of showing the same to prospectivepurchasers, lenders, or (during the last six months of the Term) tenants, and makingsuch

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alterations,repairs, improvements or additions to the Premises or to the Building, asLandlord may reasonably deem necessary. Landlord may at any time place on or about the Premises or Building anyordinary “For Sale” signs and Landlord may at any time during the last 180 daysof the term hereof place on or about the Premises any ordinary “For Lease”signs.  All such activities of Landlordshall be without abatement of rent or liability to Tenant. Landlord shall causeany such entry into the Premises to be performed in a manner that does notmaterially interfere with Tenant’s use and enjoyment of the Premises and shallindemnify, protect, defend and hold Tenant, the Tenant Entities and thePremises, harmless from and against any and all damages, liabilities,judgments, costs, claims, liens, expenses, penalties, loss of permits andattorneys’ and consultants’ fees arising out of any such entry into thePremises.

16.15                     Signs.  Tenant shall not place any signs at or uponthe exterior of the Premises or the Building, except that Tenant may, withLandlord’s prior written consent, not to be unreasonably withheld, conditionedor delayed, install (but not on the roof) such signs as are reasonably requiredto advertise Tenant’s own business so long as such signs are in a locationreasonably designated by Landlord and comply with sign ordinances and thesignage criteria reasonably established for the Industrial Center by Landlord.

16.16                     Termination:Merger.  Unless specifically statedotherwise in writing by Landlord, the voluntary or other surrender of thisLease by Tenant, the mutual termination or cancellation hereof, or atermination hereof by Landlord for Default by Tenant, shall automaticallyterminate any sublease or lesser estate in the Premises; provided, however,Landlord shall, in the event of any such surrender, termination orcancellation, have the option to continue any one or all of any existingsubtenancies.  Landlord’s failure within10 days following any such event to make a written election to the contrary bywritten notice to the holder of any such lesser interest, shall constituteLandlord’s election to have such event constitute the termination of suchinterest.

16.17                     QuietPossession.  Upon payment by Tenantof the Base Rent and Additional Rent for the Premises and the performance ofall of the covenants, conditions and provisions on Tenant’s part to be observedand performed under this Lease, Tenant shall have quiet possession of thePremises for the entire term hereof subject to all of the provisions of thisLease.

16.18                     Subordination;Attornment; Non-Disturbance.

(a)                                  Subordination.  This Lease shall be subject and subordinateto any ground lease, mortgage, deed of trust, or other hypothecation ormortgage (collectively, “Mortgage”) now or hereafter placed by Landlord uponthe real property of which the Premises are a part, to any and all advancesmade on the security thereof and to all renewals, modifications,consolidations, replacements and extensions thereof.  Tenant agrees that any person holding anyMortgage shall have no duty, liability or obligation to perform any of theobligations of Landlord under this Lease. In the event of Landlord’s default with respect to any such obligation,Tenant will give any Lender, whose name and address have previously in writingbeen furnished Tenant, notice of  adefault by Landlord.  Tenant may notexercise any remedies for default by Landlord unless and until Landlord and theLender shall have received written notice of such default and a reasonable time(not less than 90 days) shall thereafter have elapsed without the defaulthaving been cured.

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If any Lendershall elect to have this Lease superior to the lien of its Mortgage and shallgive written notice thereof to Tenant, this Lease shall be deemed prior to suchMortgage.  The provisions of a Mortgagerelating to the disposition of condemnation and insurance proceeds shallprevail over any contrary provisions contained in this Lease.

(b)                                 Attornment.  Subject to the non-disturbance provisions ofsubparagraph C of this Paragraph 16.18, Tenant agrees to attorn to a Lender orany other party who acquires ownership of the Premises by reason of aforeclosure of a Mortgage. In the event of such foreclosure, such new ownershall not:  (i) be liable for any act oromission of any prior landlord or with respect to events occurring prior toacquisition of ownership, (ii) be subject to any offsets or defenses whichTenant might have against any prior Landlord, or (iii) be liable for securitydeposits or be bound by prepayment of more than one month’s rent.

(c)                                  Non-Disturbance.  With respect to Mortgage entered into byLandlord after the execution of this Lease, Tenant’s subordination of thisLease shall be subject to receiving assurance (a “non-disturbance agreement”)from the Mortgage holder that Tenant’s possession and this Lease will not bedisturbed so long as Tenant is not in default and attorns to the record ownerof the Premises.

(d)                                 Self-Executing.  The agreements contained in this Paragraph16.18 shall be effective without the execution of any further documents;provided, however, that upon written request from Landlord or a Lender inconnection with a sale, financing or refinancing of Premises, Tenant andLandlord shall execute such further writings as may be reasonably required toseparately document any such subordination or non-subordination, attornmentand/or non-disturbance agreement as is provided for herein.  Landlord is hereby irrevocably vested withfull power to subordinate this Lease to a Mortgage.

16.19                     Rules andRegulations.  Tenant agrees that itwill abide by, and to cause its employees, suppliers, shippers, customers,tenants, contractors and invitees to abide by all reasonable rules andregulations (“Rules and Regulations,” attached as Exhibit B) which Landlord maymake from time to time for the management, safety, care, and cleanliness of theCommon Areas, the parking and unloading of vehicles and the preservation ofgood order, as well as for the convenience of other occupants or tenants of theBuilding and the Industrial Center and their invitees.  Landlord shall enforce such Rules andRegulations in a non-discriminatory manner.

16.20                     SecurityMeasures.  Tenant acknowledges thatthe rental payable to Landlord hereunder does not include the cost of guardservice or other security measures. Landlord has no obligations to provide same.  Tenant assumes all responsibility for theprotection of the Premises, Tenant, its agents and invitees and their propertyfrom the acts of third parties.

16.21                     Reservations.  Landlord reserves the right to grant sucheasements that Landlord deems necessary and to cause the recordation of parcelmaps, so long as such easements and maps do not interfere with the use of thePremises, Common Areas or Building by Tenant.

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Tenant agrees tosign any documents reasonable requested by Landlord to effectuate any sucheasements or maps.

16.22                     Conflict.Any conflict between the printed provisions of this Lease and the typewrittenor handwritten provisions, including a Special Terms Addendum, if any, shall becontrolled by the typewritten or handwritten provisions.

16.23                     Offer.  Preparation of this Lease by either Landlordor Tenant or Landlord’s agent or Tenant’s agent and submission of same to Tenant or Landlord shall not be deemed anoffer to lease.  This Lease is notintended to be binding until executed and delivered by all Parties hereto.

16.24                     Amendments.  This Lease may be modified only in writing,signed by the parties in interest at the time of the modification.

16.25                     MultipleParties.  Except as otherwiseexpressly provided herein, if more than one person or entity is named herein asTenant, the obligations of such persons shall be the joint and severalresponsibility of all persons or entities named herein as such Tenant.

16.26                     Authority.  Each person signing on behalf of Landlord orTenant warrants and represents that she or is authorized to execute and deliverthis Lease and to make it a binding obligation of Landlord or Tenant.

16.27                     Brokers.  Tenant represents and warrants to Landlordthat, except for those parties set forth in Paragraph 1.12 (the “Brokers”),Tenant has not engaged or had any conversations or negotiations with anybroker, finder or other third party concerning the leasing of the Premises toTenant who would be entitled to any commission or fee based on the execution ofthis Lease.  Tenant hereby furtherrepresents and warrants to Landlord that Tenant is not receiving and is notentitled to receive any rebate, payment or other remuneration, either directlyor indirectly, from the Brokers, and that it is not otherwise sharing in orentitled to share in any commission or fee paid to the Brokers by Landlord orany other party in connection with the execution of this Lease, either directlyor indirectly.  Tenant hereby indemnifiesLandlord against and from any claims for any brokerage commissions (exceptthose payable to the Brokers, all of which are payable by Landlord pursuant toa separate agreement) and all costs, expenses and liabilities in connectiontherewith, including, without limitation, reasonable attorneys’ fees andexpenses, for any breach of the foregoing. The foregoing indemnification shall survive the termination of thisLease for any reason.

16.28                     Usufruct.  This contract shall create the relationshipof landlord and tenant between Landlord and Tenant; no estate shall pass out ofLandlord; Tenant has a usufruct, not subject to levy and sale, and notassignable by Tenant except as expressly set forth herein.

16.29                     Lease Captions.  The captions of this Lease are forconvenience only and are not a part of this Lease, and do not in any waydefine, limit, describe or amplify the terms or provisions of this Lease or thescope or intent thereof.

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16.30                     Counterparts.  This Lease may be executed in multiplecounterparts, each of which shall constitute an original, but all of whichtaken together shall constitute one and the same agreement.

16.31                     Interpretation.  The parties acknowledge that this Lease isthe result of negotiations between the parties, and in construing any ambiguityhereunder no presumption shall be made in favor of either party.  No inference shall be made from any item,which has been stricken from this Lease other than the deletion of such item.

Theparties hereto have executed this Lease on the dates specified below theirrespective signatures.
| **Landlord:**                              | ** **                                                | **Tenant:**                              | ** **                     |
|--------------------------------------------|-----------------------------------------------------------|------------------------------------------|--------------------------------|
|                                       |                                                      |                                     |
| **AMB  Property, L.P.,**a Delaware limited | ** **                                                | **Immucor, Inc.,**a Georgia  corporation |
| partnership                                |                                                      |                                     |
|                                       |                                                      |                                     |
| By:                                        | AMB Property Corporation,  a                              |                                     | By:                            |  /s/ Ralph A.  Eatz |   |
|                                       | Maryland  corporation, its general                        |                                     |                           |      Ralph  A. Eatz |   |
|                                       | partner                                                   |                                     | Title:                         |    Senior  Vice President |   |
|                                       |                                                      |                                     |                           |   |
| By:                                        |     /s/  Christos F. Kombours         |                                     | Witness:                       | /s/ C Vinson |   |
|                                       |       Christos  F. Kombours |                                     | Print Name:                    | Connie Vinson |   |
| Title:                                     |    Vice  President                         |                                     |                           |   |
|                                       |                                                      |                                     | Date:                          |    12-27-05 |   |
| Witness:                                   |    /s/  Kimberly A. Smith                  |                                     |                           |   |
| Print Name:                                |   Kimberly  A. Smith                            |                                     | Address for Notice Purposes:   |
|                                       |                                                      |                                     |
| Date                                       |   12-29-05                                      |                                     |   3130 Gateway Drive |   |
|                                       |                                                      |                                     |                           |
| Address for  Notice Purposes:              |                                                      |   Norcross, GA 30091           |                           |
|                                       |                                                      |                                     |
| 60 State Street                            |                                                      |                                     |                           |   |
| Suite 1200                                 |                                                      |                                     |                           |
| Boston, MA 02109                           |                                                      |                                     | Attn:                          |       Ralph Eatz |   |
|                                       |                                                      | Telephone: (770) 441-2051                |
| Attn: Kent  Greenawalt                     |                                                      | Facsimile: (770) 242-8930                |
| Telephone: (617)  619-9328                 |                                                      |                                     |
| Facsimile: (617)  619-9428                 |                                                      |                                     |
|                                            |                                                           |                                          |                                |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |

 

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**ADDENDUM**

**LANDLORD’S REMEDIES IN THE EVENTOF TENANT DEFAULT**

**(State ofGeorgia)**

Notwithstandinganything to the contrary contained within the foregoing document, the followingshall apply:

(a)                                  Inthe event of any Default by Tenant, Landlord may, at Landlord’s option, withoutany demand or notice whatsoever (except as expressly required in Paragraph 13of the Lease):

(i)                                     Terminatethis Lease by giving Tenant notice of termination, in which event this Leaseshall expire and terminate on the date specified in such notice of terminationand all rights of Tenant under this Lease and in and to the Premises shallterminate.  Tenant shall remain liablefor 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 insuch notice; or

(ii)                                  Terminatethis Lease as provided in subparagraph (a)(i) above and recover from Tenant alldamages Landlord may incur by reason of Tenant’s default, including, withoutlimitation, an amount which, at the date of such termination, is calculated asfollows:  (1) the value of the excess, ifany, of (A) the Base Rent, Additional Rent and all other sums which would havebeen payable hereunder by Tenant for the period commencing with the dayfollowing the date of such termination and ending with the Expiration Date hadthis Lease not been terminated (the “Remaining Term”), over (B) the aggregatereasonable rental value of the Premises for the Remaining Term (which excess,if any shall be discounted to present value at the “Treasury Yield” as definedbelow for the Remaining Term); plus (2) the reasonable costs of recoveringpossession of the Premises and all other expenses incurred by Landlord due toTenant’s default, including, without limitation, reasonable attorney’s fees;plus (3) the unpaid Base Rent and Additional Rent earned as of the date oftermination plus any interest and late fees due hereunder, plus other sums ofmoney and damages owing on the date of termination by Tenant to Landlord underthis Lease or in connection with the Premises. The amount as calculated above shall be deemed immediately due andpayable.  The payment of the amountcalculated in subparagraph (ii)(1) shall not be deemed a penalty but shallmerely constitute payment of liquidated damages, it being understood andacknowledged by Landlord and Tenant that actual damages to Landlord areextremely difficult, if not impossible, to ascertain.  “Treasury Yield” shall mean the rate ofreturn in percent per annum of Treasury Constant Maturities for the length oftime specified as published in document H.15(519) (presently published by theBoard of Governors of the U.S. Federal Reserve System titled “Federal ReserveStatistical Release”) for the calendar week immediately preceding the calendarweek in which the termination occurs.  Ifthe rate of return of Treasury Constant Maturities for the calendar week inquestion is not published on or before the business day preceding the date ofthe Treasury Yield in question is to become effective, then the Treasury Yieldshall be based upon the rate of return of Treasury Constant Maturities for thelength of time specified for the most recent calendar week for which

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such publication hasoccurred.  If no rate of return forTreasury Constant Maturities is published for the specific length of timespecified, the Treasury Yield for such length of time shall be the weightedaverage of the rates of return of Treasury Constant Maturities most nearlycorresponding to the length of the applicable period specified.  If the publishing of the rate of return ofTreasury Constant Maturities is ever discontinued, then the Treasury Yieldshall be based upon the index which is published by the Board of Governors ofthe U.S. Federal Reserve System in replacement thereof or, if no suchreplacement index is published, the index which, in Landlord’s reasonabledetermination, most nearly corresponds to the rate of return of TreasuryConstant Maturities.  In determining theaggregate reasonable rental value pursuant to subparagraph†(ii)(1)(B) above,the parties hereby agree that, at the time Landlord seeks to enforce thisremedy, all relevant factors should be considered, including, but not limitedto, (a)†the length of time remaining in the Term, (b)†the then current marketconditions in the general area in which the Building is located, (c)†thelikelihood of reletting the Premises for a period of time equal to theremainder of the Term, (d)†the net effective rental rates then being obtainedby landlords for similar type space of similar size in similar type buildingsin the general area in which the Building is located, (e)†the vacancy levels inthe general area in which the Building is located, (f)†current levels of newconstruction that will be completed during the remainder of the Term and howthis construction will likely affect vacancy rates and rental rates and (g)inflation; or

(iii)                               Withoutterminating this Lease, declare immediately due and payable the sum of thefollowing: (1) the present value (calculated using the “Treasury Yield”) of allBase Rent and Additional Rent due and coming due under this Lease for theentire Remaining Term (as if by the terms of this Lease they were payable inadvance), plus (2) the cost of recovering and reletting the Premises and allother expenses incurred by Landlord in connection with Tenant’s default, plus(3) any unpaid Base Rent, Additional Rent and other rentals, charges,assessments and other sums owing by Tenant to Landlord under this Lease or inconnection with the Premises as of the date this provision is invoked byLandlord, plus (4) interest on all such amounts from the date due at theInterest Rate, and Landlord may immediately proceed to distrain, collect, orbring action for such sum, or may file a proof of claim in any bankruptcy orinsolvency proceedings to enforce payment thereof; provided, however, that suchpayment shall not be deemed a penalty or liquidated damages, but shall merelyconstitute payment in advance of all Base Rent and Additional Rent payablehereunder throughout the Term, and provided further, however, that uponLandlord receiving such payment, Tenant shall be entitled to receive fromLandlord all rents received by Landlord from other assignees, tenants andsubtenants on account of said Premises during the remainder of the Term(provided that the monies to which Tenant shall so become entitled shall in noevent exceed the entire amount actually paid by Tenant to Landlord pursuant tothis subparagraph (iii)), less all costs, expenses and attorneys’ fees ofLandlord incurred but not yet reimbursed by Tenant in connection withrecovering and reletting the Premises; or

(iv)                              Withoutterminating this Lease, in its own name but as agent for Tenant, enter into andupon and take possession of the Premises or any part thereof.  Any property remaining in the Premises may beremoved and stored in a warehouse or elsewhere at the cost of, and for theaccount of, Tenant without Landlord being deemed guilty of trespass or

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becoming liable for anyloss or damage which may be occasioned thereby unless caused by Landlord’snegligence.  Thereafter, Landlord may,but shall not be obligated to, lease to a third party the Premises or anyportion thereof as the agent of Tenant upon such terms and conditions asLandlord may deem necessary or desirable in order to relet the Premises.  The remainder of any rentals received byLandlord from such reletting, after the payment of any indebtedness duehereunder from Tenant to Landlord, and the payment of any costs and expenses ofsuch reletting, shall be held by Landlord to the extent of and for applicationin payment of future rent owed by Tenant, if any, as the same may become dueand payable hereunder.  If such rentalsreceived from such reletting shall at any time or from time to time be lessthan sufficient to pay to Landlord the entire sums then due from Tenanthereunder, Tenant shall pay any such deficiency to Landlord.  Notwithstanding any such reletting withouttermination, Landlord may at any time thereafter elect to terminate this Leasefor any such previous default provided same has not been cured; or

(v)                                 Withoutterminating this Lease, and with or without notice to Tenant, enter into andupon the Premises and, without being liable for prosecution or any claim fordamages therefor, maintain the Premises and repair or replace any damagethereto or do anything or make any payment for which Tenant is responsiblehereunder.  Tenant shall reimburseLandlord immediately upon demand for any reasonable expenses which Landlordincurs in thus effecting Tenant’s compliance under this Lease and Landlordshall not be liable to Tenant for any damages with respect thereto; or

(vi)                              Withoutliability to Tenant or any other party and without constituting a constructiveor actual eviction, suspend or discontinue furnishing or rendering to Tenantany property, material, labor, utilities or other service, wherever Landlord isobligated to furnish or render the same so long as a Default exists under thisLease; or

(vii)                           With orwithout terminating this Lease, allow the Premises to remain unoccupied andcollect rent from Tenant as it comes due; or

(viii)                        Pursuesuch other remedies as are available at law or equity.

(b)                                 Ifthis Lease shall terminate as a result of or while there exists a Defaulthereunder, any funds of Tenant held by Landlord may be applied by Landlord toany damages payable by Tenant (whether provided for herein or by law) as aresult of such termination or default.

(c)                                  Neitherthe commencement of any action or proceeding, nor the settlement thereof, norentry of judgment thereon shall bar Landlord from bringing subsequent actionsor proceedings from time to time, nor shall the failure to include in anyaction or proceeding any sum or sums then due be a bar to the maintenance ofany subsequent actions or proceedings for the recovery of such sum or sums soomitted.

(d)                                 Noagreement to accept a surrender of the Premises and no act or omission byLandlord or Landlord’s agents during the Term shall constitute an acceptance orsurrender of

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the Premises unless madein writing and signed by Landlord.  Nore-entry or taking possession of the Premises by Landlord shall constitute anelection by Landlord to terminate this Lease unless a written notice of such intentionis given to Tenant.  No provision of thisLease shall be deemed to have been waived by either party unless such waiver isin writing and signed by the party making such waiver.  Landlord’s acceptance of Base Rent orAdditional Rent in full or in part following a Default hereunder shall not beconstrued as a waiver of such Default. No custom or practice which may grow up between the parties inconnection with the terms of this Lease shall be construed to waive or lesseneither party’s right to insist upon strict performance of the terms of thisLease, without a written notice thereof to the other party.

(e)                                  Ifa Default shall occur, Tenant shall pay to Landlord, on demand, all expensesincurred by Landlord as a result thereof, including reasonable attorneys’ fees,court costs and expenses actually incurred.

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**ADDENDUM**

**SPECIAL TERMS**

**Notwithstandinganything contained within this Lease to the contrary, the following terms andconditions shall apply:**

**1)**             BROKERDISCLOSURE: Pursuant to Georgia Real Estate Commission Regulation 520-1-08, TrammellCrow Services, Inc. and CB Richard Ellis make the following disclosuresconcerning this Lease transaction:

**a)**                                      In this transaction, CB Richard Ellis represents the Landlord andTrammell Crow Services, Inc. represents the Tenant.

**b)**                                     In this transaction, Trammell Crow Services, Inc. and CB Richard Ellisshall receive compensation from Landlord exclusively.

**Both Tenant and Landlordacknowledge, agree with, and consent to the representation and compensationdisclosed above.**

**2)**             BASE RENT. Pursuant to Paragraphs 1.4 and 4.1 herein, Tenant shall pay Base Rentin the following amounts:

| Period                   | ** ** | **Monthly Base Rent** | ** ** |
|--------------------------|------------|---------------------------------|------------|
| 12/31/05 – 08/31/06 |       | $0.00 / $0.00 psf               | ** ** |
| 09/01/06 – 08/31/07 |       | $6,058.34 / $4.30 psf           | ** ** |
| 09/01/07 – 08/31/08 |       | $6,179.51 / $4.39 psf           | ** ** |
| 09/01/08 – 08/31/09 |       | $6,303.10 / $4.47 psf           | ** ** |
| 09/01/09 – 08/31/10 |       | $6,429.16 / $4.56 psf           | ** ** |
| 09/01/10 – 08/31/11 |       | $6,557.74 / $4.65 psf           | ** ** |
| 09/01/11 – 08/31/12 |       | $6,688.90 / $4.75 psf           | ** ** |
| 09/01/12 – 08/31/13 |       | $6,822.68 / $4.84 psf           | ** ** |
| 09/01/13 – 08/31/14 |       | $6,959.13 / $4.94 psf           | ** ** |
| 09/01/14 – 08/31/15 |       | $7,098.31 / $5.04 psf           | ** ** |
| 09/01/15 – 08/31/16 |       | $7,240.28 /  $5.14 psf          | ** ** |

 

**Rent is due on or before thefirst day of the month.**.  If the Commencement Date ofDecember 31, 2005 is delayed, Tenant shall still be entitled to receive fullabatement of Base Rent during the first eight (8) months of the Term inaddition to Tenant’s right to free rent for such delay under Paragraph 3.2

3)             **TENANTIMPROVEMENT ALLOWANCE.** Landlord shall make available to Tenant an allowance (the “ImprovementAllowance”) in the amount of $100,000.00. The Improvement Allowance shall be used to pay for costs and expensesincurred in connection with renovations, alterations, additions or improvementsto the Premises made by or for Tenant at any time after

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the date this Agreement has been fully executed butprior to June 30, 2006 (collectively, “New Alterations”). New Alterations shallbe subject to the conditions and requirements of the Lease.  The architect designing, contractorperforming and contract for any New Alterations work shall be subject toLandlord’s and Tenant’s reasonable review and approval.  If such New Alterations work is performed bycontractors who enter into direct contracts with Tenant, then upon thecompletion of any New Alterations Tenant shall provide to Landlord a completepackage of invoices, contracts, permits, warranties and lien waivers pertainingto the New Alterations work, which shall be subject to Landlord’s reasonablereview and approval (which shall not be unreasonably withheld, conditioned ordelayed).  Upon such approval, Landlordshall provide to Tenant a check for the approved costs and expenses for suchNew Alterations work, or, at Tenant’s written direction, shall remit paymentsto the third parties to whom such payments are owed and who have provided (orshall provide) lien waivers for such payments. Whether such New Alterations work is performed by contractors who enterinto direct contracts with Landlord or with Tenant, in no event shall Landlordbe obligated to remit to or on behalf of Tenant an amount, in the aggregate, inexcess of the Improvement Allowance for the New Alterations work.  Tenant shall at its sole cost and expense payfor any and all costs and expenses of any such New Alterations work in excessof the Improvement Allowance before or concurrently with Landlord’s payment forsame as provided above.  Landlord herebyacknowledges that, at Tenant’s election, Tenant may contract for the NewAlterations work and manage the New Alterations work, or Tenant may contractfor the New Alterations work and, at Tenant’s sole cost and expense, engage athird-party construction manager to manage such work, or Tenant may requestthat Landlord or Landlord’s managing agent contract with the contractorperforming such New Alterations work and/or manage such New Alterations work.

At the time of Landlord’s approval, Landlord shallalso notify Tenant of any improvements contained in the New Alterations whichLandlord will require Tenant to remove at the termination of the Lease. IfLandlord fails to notify Tenant within 10 business days of the Approval, thenthe improvements in the New Alterations shall become the property of Landlordand shall be surrendered to Landlord upon the expiration or earlier terminationof this Lease and Tenant shall have no obligation to remove them.

4)             **HVAC REPAIR/REPLACEMENT**.With respect to the office HVAC systems, Tenant’s expenditures for such repairsshall be limited to $500.00 per unit per occurrence for repair, and providedfurther, however, that if any one item’s cost of repair exceeds $500.00, thatTenant will contact Landlord and Landlord, at its option may have repairscompleted by itself or an outside contractor selected by Landlord. Provided further that repairs required for said systems shall not have beennecessitated by Tenant’s failure to provide regular maintenance as providedabove.  In the event Tenant fails to make said repairs, then Landlord may,but shall not be obligated to, make such repairs, in which event, Tenant shallpromptly reimburse Landlord for all expenses incurred thereby.

5)             **RIGHT OF FIRST OFFER.** So long as the Lease is in full force andeffect and no event of default (beyond any applicable notice and cure period)has occurred and is then continuing and no facts or circumstances then existwhich, with the giving of notice or the passage of time, or both, wouldconstitute an event of default, Landlord hereby grants to Tenant a right offirst offer

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(the “Right of FirstOffer”) to expand the Premises to space in the Building that directly adjoinsthe Premises (the “Offer Space”) subject to the terms and conditions set forthherein.  The term “directly adjoins”, asused in the preceding sentence, shall mean space which actually adjoins and iscontiguous to the Premises.

(a)           Theterm of the Right of First Offer shall commence on the commencement date andcontinue throughout the initial term, unless sooner terminated pursuant to theterms hereof.

(b)           Subjectto the other terms of this Right of First Offer, after any part of the OfferSpace has or will “become available” (as defined herein) for leasing byLandlord, Landlord shall not, during the term of the Right of First Offer,lease to a third party that available portion of the Offer Space (the “AvailableOffer Space”) without first offering Tenant the right to lease such AvailableOffer Space as set forth herein.

(i)            Notwithstanding subsection c(i) above, OfferSpace shall not be deemed to “become available” if the space is (a) assigned orsubleased by the current tenant of the space (unless such assignment orsublease is accomplished in a manner to subvert the purposes of this Section5); or (b) re-let by the current tenant or permitted subtenant of the space byrenewal, extension, or renegotiation.

(c)           Consistentwith subsection (c), Landlord shall not lease any such Available Offer Space toa third party unless and until Landlord has first offered the Available OfferSpace to Tenant in writing (the “Offer”). The Offer shall contain (i) a description of the Available Offer Space(which description shall include the square footage amount and location of suchAvailable Offer Space) and an attached floor plan that shows the AvailableOffer Space; (ii) the date on which Landlord expects the Available Offer Spaceto become available; (iii) the base rent for the Available Offer Space; and(iv) the term for the Available Offer Space (which shall be no less than theremainder of the Term of this Lease then in effect).  Upon receipt of the Offer, Tenant shall havethe right, for a period of fifteen (15) calendar days after receipt of theOffer, to exercise the Right of First Offer by giving Landlord written noticethat Tenant desires to lease the Available Offer Space at the base rent andupon the special terms and conditions as are contained in the Offer.  If the term of the Available Offer Spaceexpires after the term of the Lease, the term of the Lease shall be extended tobe coterminous with the term of the Available Offer Space and the base rent persquare foot for the existing Premises during said extension shall be thegreater of (i) the base rent per square foot for the Available Offer Space (asset forth in the Offer, or (ii) the base rent per square foot of the Premisesfor the last year of the initial term of the Lease

(d)           If,within such fifteen (15)-day period, Tenant exercises the Right of First Offer,then Landlord and Tenant shall amend the Lease to include the Available OfferSpace subject to the same terms and conditions as the Lease, as modified, withrespect to the Available Offer Space, by the terms and conditions of theOffer.  If this Lease is guaranteed nowor at anytime in the future, Tenant simultaneously shall deliver to Landlord anoriginal, signed, and notarized reaffirmation of each Guarantor’s personalguaranty, in form and substance acceptable to Landlord.

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(e)           If, within such fifteen (15)-day period,Tenant declines or fails to exercise the Right of First Offer, then the Rightof First Offer shall terminate, and Tenant shall have no further Right of FirstOffer.  Landlord shall then have theright to lease the Available Offer Space in portions or in its entirety to athird party, at any time without regard to the restrictions in this Right ofFirst Offer and on whatever terms and conditions Landlord may decide in itssole discretion.

(g)           ThisRight of First Offer is personal to Immucor, Inc. and shall become null andvoid upon a sublet of all or a part of the Premises to; an unaffiliated entityof Tenant..

**6)            CAM/OPERATING EXPENSES INCREASES**.Tenants share of controllable expenses in the Operating Expenses as outlined inParagraph 4.2 (a), including but not limited to items (i), (iii), (iv) amd(vii) shall not increase by more than Seven (7%) in any year over the previoushighest annual share during the Lease.
| **Landlord:**                                           | **Tenant:**                                  |
|---------------------------------------------------------|----------------------------------------------|
| ** **                                              | ** **                                   |
| **AMB Property, L.P.,**a Delaware  limited  partnership | Immucor Inc., a Georgia corporation          |
|                                                    |                                         |
| By:                                                     | AMB Property Corporation, a                  |   |
|                                                    | Maryland corporation, its general            | By: | /s/  | Ralph A. Eatz |   |
|                                                    | partner                                      |   |   | Ralph A. Eatz |   |
|                                                    | Title:                                       |   | Senior Vice President |   |
| By:                                                     |   /s/ Christos F. Kombours         |   |   |
|                                                    |    Christos F. Kombours       | Witness: | /s/ C Vinson |   |
| Title:  Vice  President                            | Print Name:                                  |   Connie Vinson |   |
|                                                    |                                         |
| Witness:                                                |     /s/Kimberly A. Smith |   | Date: |   12-27-05 |   |
| Print Name:                                             |   Kimberly A. Smith                |   |   |
|                                                    |                                         |
| Date:                                                   |   12-29-05                         |   |   |
|                                                         |                                              |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |

 

4

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**INDUSTRIALFUND I, LLC,**

**INDUSTRIAL MULTI-TENANT LEASE**

**Option to Extend**

This Option to Extend is a part of the Lease Extensionand Modification Agreement dated                                             ,by and between AMB PROPERTY, L.P. (“Landlord”) and IMMUCOR, INC. (“Tenant”) forthe premises commonly known as 2935 Amwiler Road, Suite C, Norcross, Georgia

**1.****             Option to Extend.**Landlord hereby grants to Tenantthe option to extend the term of this Lease for the following period (“OptionPeriod”) commencing when the prior term expires from

September 1, 2016 to August 31, 2021              “Period One”

**2.****             Exercise Dates**:  Forpurposes of Paragraph 5 of this Addendum,

a.             the Earliest ExerciseDate is eighteen (18) months prior to the date that the Option Period wouldcommence and

b.             the Last ExerciseDate is nine (9) months prior to the date that the Option Period wouldcommence.

**3.****             Monthly Base Rent.**            The monthly Base Rentfor each month of an Option Period shall be the amount calculated in accordancewith the alternative selected below (“Rent Adjustment Alternative”) but in noevent shall the monthly Base Rent for an Option Period be less than the highestmonthly Base Rent payable during the term immediately preceding the OptionPeriod.
| o          | Fixed rent adjustment (“Fixed Rent Adjustment”)                                                               |
|------------|-------------------------------------------------------------------------------------------------------------------------|
|       |                                                                                                                    |
| o          | Cost of living adjustment (“CPI Adjustment”)                                                                  |
|       | Monthly Base Rent shall be calculated using the  following CPI index (“Index”)                                |
|       | o                                                                                                                       | Urban Wage Earners and Clerical Workers |
|       | o                                                                                                                       | All Urban Consumers |
|       | o                                                                                                                       |   |
|       | The Comparison Month is:                                                                                                |
|       | o                                                                                                                       | the first month of the term of this Lease; or |
|       | o                                                                                                                       |   |
| ** ** |                                                                                                                    |
| **x**      | Market rent (“Market Rent Adjustment”)                                                                        |
|       | The monthly Base Rent for Period One shall be the  then-current market rent for the space as determined in Paragraph 6. |
|            |                                                                                                                         |  |  |

 

**4.****             Other Amendments toLease operative during each Option Period:**

 

None.

**5.****            Conditions to Exercise of Option.**Tenant’sright to extend is conditioned upon and subject to each of the following:

A.            In order to exercisean option to extend, Tenant must give written notice of such election toLandlord and Landlord must receive the same by the Last Exercise Date but notprior to the Earliest Exercise Date.  Ifproper notification of the exercise of an option is not given and/or received,such option shall automatically expire. Options (if there are more than one) may only be exercisedconsecutively.  Failure to exercise anoption terminates that option and all subsequent options.  Tenant acknowledges that because of theimportance to Landlord of knowing no later than the Last Exercise Date whetheror not Tenant will exercise the option, the failure of Tenant to notifyLandlord by the Last Exercise Date will conclusively be presumed an election byTenant not to exercise the option.

 

B.                                     Tenantshall have no right to exercise an option (i) if Tenant is in Default.

5

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C.                                     Allof the terms and conditions of this Lease except where specifically modified bythis Addendum shall apply.

 

D.            The options arepersonal to the Tenant, cannot be assigned or exercised by anyone other thanthe Tenant without Landlord’s written consent, which consent shall not beunreasonably withheld, delayed, nor conditioned, and only while the Tenant isin full possession of the Premises and without the intention of thereafterassigning or subletting.

**6.****             Calculation of RentAdjustment**

 

A.            Cost of LivingAdjustment.                TheCPI Adjustment shall be based upon the Consumer Price Index of the Bureau ofLabor Statistics of the United States Department of Labor (1982 - 1984 = 100)using the Index selected in Paragraph 3. If the selected Rent Adjustment Alternative is the CPI Adjustment, themonthly Base Rent for an Option Period shall be the product obtained bymultiplying the highest monthly Base Rent payable by Tenant during the term immediatelypreceding by a fraction the numerator of which shall be the Index for the firstmonth of the Option Period and the denominator of which shall be the Index forthe Comparison Month selected above.

B**.**            Market Rent Adjustment.   Four months prior to the commencement of each OptionPeriod, if the selected Rent Adjustment Alternative is the Market RentAdjustment, the Parties shall negotiate in good faith to determine the BaseRent for the Option Period.  If agreementcannot be reached within thirty days, then Landlord and Tenant shall each, nolater then 90 days prior to the commencement of the Option Period, make areasonable determination of the fair market rental for the Premises for theOption Period and submit such determination, in writing, to arbitration inaccordance with the following provisions:

 

(i)**           **No later then 90days prior to the commencement of the Option Period, Landlord and Tenant shalleach select an industrial leasing broker to act as an arbitrator.  The two arbitrators so appointed shall, nolater then 75 days prior to the commencement of the Option Period, select athird mutually acceptable industrial leasing broker to act as a thirdarbitrator.

 

(ii)**          **The threearbitrators, acting by a majority, shall no later then 75 days prior to the commencementof the Option Period, determine the actual fair market rental for the Premisesfor the Option Period.  The decision of amajority of the arbitrators shall be binding on the Parties.  The fair market rental determination ofLandlord or Tenant which is closest to the fair market rental as determined bythe arbitrators shall be the Base Rent for the Option Period.

 

(iii)**         **If either of theParties fails to appoint an arbitrator within the period required by thisAddendum, the arbitrator timely appointed shall determine the Base Rent for theOption Period.

 

(iv)**         **The entire cost ofsuch arbitration shall be paid by the party whose fair market rental submissionis not selected.
| WITNESS                                      | ** ** | **Landlord: AMB Property, L.P.,**        |
|----------------------------------------------|------------|------------------------------------------|
|                                         |       | a Delaware limited partnership           |
|                                         |       |                                     |
|   /s/  Kimberly A. Smith |       |                                     |
| Kimberly A.  Smith                           |       |
|                                         |       | By:                                      | AMB Property Corporation, |
|                                         |       |                                     | a Maryland corporation, its G.P. |
|                                         |       |                                     |   |
|                                         |       |                                     | By: |      /s/ Christos F.  Kombours |   |
|                                         |       |                                     |   |   |
|                                         |       |                                     | Its: |      Vice President |   |
|                                         | ** ** | ** **                               |
| WITNESS                                      | ** ** | **Immucor, Inc., a Georgia corporation** |
|                                         |       |                                     |
|    /s/ C Vinson               |       |                                     | By: |   /s/ Ralph A. Eatz |   |
|                                         |       |                                     |   |
|                                         |       | Its:                                     |         Senior  Vice President |   |

 

6

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**ADDENDUM**

**COMMENCEMENT DATECERTIFICATE**
| LANDLORD:   | AMB PROPERTY, L.P.                                                                                                                                                              |
|-------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|        |                                                                                                                                                                            |
| TENANT:     | IMMUCOR, INC.                                                                                                                                                                   |
|        |                                                                                                                                                                            |
| LEASE DATE: |                             ,  2005 |
|        |                                                                                                                                                                            |
| PREMISES:   | 2935 AMWILER ROAD, SUITE C                                                                                                                                                      |
|        | ATLANTA, GEORGIA 30360                                                                                                                                                          |

 

Subject to Landord’sobligations under Section 3.3 of the Lease, Tenant hereby accepts the Premisesas being in the condition required under the Lease.

The CommencementDate of the Lease is                                                ,            .

The ExpirationDate of the Lease is                                                  ,             .

**NOTE:  This certificate is to be executed subsequentto the original execution of the Lease, when and if required and requested byLandlord according to Paragraph 3.3 of the Lease**
| **Landlord:**                                           | **Tenant:**                              |
|---------------------------------------------------------|------------------------------------------|
| ** **                                              | ** **                               |
| **AMB Property, L.P.,**a Delaware  limited  partnership | **Immucor, Inc.,**a Georgia  corporation |
| ** **                                              | By:                                      | ** ** | ** ** |
| By:                                                     | AMB Property  Corporation, a             |   |   |   |
|                                                    | Maryland  corporation, its general       | Title: |   |   |
|                                                    | Partner                                  |   |
|                                                    | Witness:                                 |   |   |
| By:                                                     |                                     |   |   |   | Print Name: |   |   |
|                                                    | Kent D. Greenawalt                       |   |
| Title: Senior Vice President                            | Date:                                    |   |   |
|                                                    |                                     |
| Witness:                                                |                                     |   | ** ** |
| Print Name:                                             |                                     |   | ** ** |
|                                                    |                                     | ** ** |
| Date:                                                   |                                     |   |   | ** ** |
|                                                         |                                          |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |  |

 

7

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**ADDENDUM**

**EARLY POSSESSION AND INDUCEMENTRECAPTURE**

 

 

**Notwithstandinganything contained within this lease to the contrary, the following shallapply:**

**Early Possession**.  Tenant may occupy the Premises on 12/31/05 (“EarlyPossession Date”), even though the Early Possession Date is prior to theCommencement Date of the Lease (“Early Possession”).  The obligation to pay Base Rent shall beabated for the Early Possession Period. All other terms of this Lease, however, including, but not limited toTenant’s Share of Operating Expenses, the obligation to carry the insurancerequired by Paragraph 8, shall be in effect during the Early Possessionperiod.  Such Early Possession shall notchange the Expiration Date of the Original Term.  If possession is not tendered to Tenant onthe Early Possession Date, the Early Possession period shall run from the dateof delivery of possession and continue for a period equal to the period duringwhich the Tenant would have otherwise enjoyed, under the terms hereof,possession of the Premises with abated Base Rent, but minus any days of delaycaused by the acts, failure to act, or omissions of Tenant.

1

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**ADDENDUM**

**TENANT’S RIGHT TO CONSTRUCT IMPROVEMENTS**

This TenantImprovement Addendum is a part of the Lease dated 12/29/05, by and between AMBPROPERTY, L.P. (“Landlord”) and Immucor, Inc. (“Tenant”) for the premisescommonly known as 2935 Amwiler Road, Suite C, Atlanta, GA.

Tenant mayconstruct the improvements (“Alterations”) described on Attachment 1 attachedhereto.  Prior to commencement ofconstruction, Tenant shall obtain and deliver to Landlord any building permitrequired by applicable law and a copy of the executed constructioncontract(s).  Tenant shall require itscontractor to maintain insurance in the amounts and in the forms described inAttachment 2.  The Alterations shall beconstructed by licensed contractors reasonably approved by Landlord and inaccordance with reasonable rules, such as hours of construction, imposed byLandlord.  The Alterations shall becompleted lien free, in accordance with the plans and specifications describedin Attachment 1, in a good, workmanlike and prompt manner, with new materialsof first-class quality and comply with all applicable local, state and federalregulations.  The competed Alterationsshall be the property of Landlord and shall, subject to the provisions of the nextsentence, be surrendered with the Premises upon the expiration or soonertermination of this Lease.  However,Tenant shall at Tenant’s sole cost and expense remove, prior to the expirationor sooner termination of this Lease, the Alterations which are designated byLandlord to be removed and following such removal repair and restore thePremises in a good and workmanlike manner to their original condition,reasonable wear and tear excepted.

Tenant shall paywhen due all claims for labor or materials furnished or alleged to have beenfurnished to or for Tenant at or for use on the Premises.  Tenant shall give Landlord not less than 10days notice prior to the commencement of any work in, on or about the Premises,and Landlord shall have the right to post notices of non-responsibility in oron the Premises as provided by Georgia Statutes, Section 713.10 and detailedwithin Paragraph 7.3 of this Lease.

Tenant agrees toindemnify, protect and defend Landlord and hold Landlord harmless against anyloss, liability or damage resulting from construction of the Alterations.

**Attachments**

 

Attachment 1: Descriptionof Alterations and Plans and Specifications

Attachment 2: InsuranceRequirements

1

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EXHIBIT A

**DESCRIPTION OF PREMISES**

**2935 Amwiler Rd., Suite C**

2

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**EXHIBIT B**

**RULES AND REGULATIONS**

Tenant shall observe thefollowing Rules and Regulations (as amended, modified or supplemented from timeto time by Landlord as provided in this Lease).

1.             The sidewalks,entries, passages, and staircases shall not be obstructed or used by Tenant,its agents, servants, contractors, invitees or employees for any purpose otherthan ingress to and egress from the Premises. Landlord reserves entire control of all parts of the Building employedfor the common benefit of the tenants including, without restricting thegenerality of the foregoing, sidewalks, entries, corridors and passages notwithin the Premises, provided that ingress to and egress from the Premises isnot unduly impaired thereby.

2.             Tenant, its agents,servants, contractors, invitees or employees, shall not bring in or take out,position, construct, install or move any safe, business machine or other heavyoffice equipment without first obtaining the consent of the Landlord, whichconsent shall not be unreasonably withheld, conditioned or delayed.  In giving such consent, Landlord shall havethe right, in its reasonable discretion, to prescribe the weight permitted andthe position thereof, and the use and design of planks, skids or platforms todistribute the weight thereof.  Alldamage done to the Building by moving or using any such heavy equipment orother office equipment or furniture shall be repaired at the expense ofTenant.  The moving of all heavyequipment or other office equipment or furniture shall occur at reasonablehours and the persons employed to move the same in and out of the Building mustbe reasonably acceptable to Landlord.

3.             The water closets andother water apparatus, including sewer lines, shall not be used for any purposeother than those for which they were constructed and no sweepings, rubbish,rags, ashes or other substances shall be thrown therein.  Any damage resulting from misuse of suchfacilities by Tenant, or Tenant’s servants or employees, shall be borne byTenant.  Tenant shall not let the waterrun unless it is in actual use.

4.             Tenant shall notdeface or mark any part of the Building outside of the Premises.

5.             No one shall use thePremises for sleeping apartments or residential purposes, or for the storage ofpersonal effects or articles other than those required for business purposes.

6.             Canvassing,soliciting and peddling in the Office Complex is prohibited.

7.             Any hand trucks,carryalls, or similar appliances used in the Building shall be equipped withrubber tires, side guards and such other safeguards as Landlord shall require.

8.             No animals or birdsshall be brought into the Premises.

3

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9.             Tenant agrees that itwill not install any equipment which will exceed or overload the capacity ofany utility facilities, whether or not provided by Tenant or Landlord, and thatif any equipment installed by Tenant shall require additional utilityfacilities, the same shall be furnished and installed at Tenant’s expense inaccordance with plans and specifications to be approved in writing by Landlord.

10.           Tenant shall have allcurtains, window treatments and signs approved by Landlord before installing onthe Premises. Landlord’s approval of curtains,window treatments and signs shall not be unreasonably withheld, conditioned ordelayed

11.           No awnings or otherprojections shall be attached to the outside walls of the Building.

12.           No Tenant shall causeor permit any objectionable or offensive noise or odor to be emitted from thePremises.

13.           No Tenant shall make,or permit to be made, any unseemly or disturbing noises, sounds or vibrations orreasonably interfere with Tenants of this or neighboring buildings or Premisesor those having business with them.

14.           Each Tenant must, uponthe termination of this tenancy, restore to the Landlord all keys of stores,offices, and rooms, either furnished to, or otherwise procured by, such tenant,and in the event of the loss of any keys so furnished, such tenant shall pay tothe Landlord the cost of replacing the same or of changing the lock or locksopened by such lost key if Landlord shall deem it necessary to make suchchange.

15.           Tenant acknowledgesthat all monthly lease payments are due on or before the first of each month inadvance and that late payments are subject to a late charge solely at thediscretion of the Landlord subject to the Lease provisions.

16.           Tenant acknowledgesthat the parking lots and truck courts are for the joint use of all the Tenantsin the Building and will endeavor to respect other Tenant’s front doors.

17.           Subject to theprovisions of this Lease, Tenant agrees that it will not make any modificationto the Premises without first obtaining the Landlord’s written consent.

18.           Tenant agrees thatprior to vacating the Premises for any reason the Premises and all equipment(HVAC, plumbing, etc.) will be serviced and repaired or replaced as necessaryto return it to good working condition subject to the Lease provisions.

19.           Tenant agrees to enterinto a planned service or maintenance agreement on the HVAC equipment servicingthe Premises.  Said agreement to includequarterly maintenance of the equipment. Tenant agrees to forward Landlord copies of the agreement and thequarterly service tickets.

4

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20.           Tenant will not storeor use any hazardous materials in the Premises without the written consent ofthe Landlord.

21.           Tenant shall not placeany objects, including antennas, outdoor furniture, etc., in the parking areas,landscaped areas or other areas outside of its Premises, or on the roof of thePremises.

22.           Tenant shall notinstall or operate any steam or gas engine or boiler, or other similarmechanical apparatus in the Premises, except as specifically approved in theLease.  The use of oil, gas orinflammable liquids for heating, lighting or any other purpose is expresslyprohibited.  Explosives or other articlesdeemed extra hazardous shall not be brought into the Project.

23.           Parking any type ofrecreational vehicles in specifically prohibited on or about the Premises.  Except for the overnight parking of operativevehicles, no vehicle of any type shall be stored in the parking areas at anytime.  In the event that a vehicle isdisabled, it shall be removed within 48 hours. There shall be no “For Sale” or other advertising signs on or about anyparked vehicle.  All vehicles shall beparked in the designated parking areas in conformity with all signs and othermarkings.  All parking will be openparking, and no reserved parking, numbering or lettering of individual spaceswill be permitted except as specified by Landlord.

24.           Tenant shall usecommercially reasonable efforts to maintain the Premises free from rodents,insects, including termites and other pests.

25.           Tenant shall not permitstorage outside the Premises, including without limitation, outside storage oftrucks and other vehicles, or dumping of waste or refuse or permit any harmfulmaterials to be placed in any drainage system or sanitary system in or aboutthe Premises.

26.           No auction, public orprivate, will be permitted on the Premises or the project.

27.           Tenant assumes fullresponsibility for protecting the Premises from theft, robbery and pilferage.

 

**EXHIBIT C**

**ENVIRONMENTAL AND USE QUESTIONNAIRE**FOR TENANT MOVE-IN AND LEASE RENEWAL
| Property Name:     |   | Amwiler-Gwinnett Industrial Park        |
|--------------------|--------|-----------------------------------------|
| Property  Address: |   | 2935 Amwiler Road, Suite C, Atlanta, GA |
| Lease Date:        |   | 12/29/05                                |
| Landlord:          |   | AMB Property, L.P                       |
| Tenant:            |   | Immucor, Inc.                           |

 

5

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***Instructions****:  The following questionnaire isto be completed by the Tenant Representative with knowledge of theplanned/existing operations for the specified building/location.  A copy of the completed form must be attachedto all new leases and renewals, and forwarded to the Landlord’s Risk ManagementDepartment.*

1-0           PLANNED USE/OPERATIONS

1-1.          Describe planned use(new lease) or existing operations (lease renewal), and include briefdescription of manufacturing processes employed.

*Storageof medical device instruments, packaging supplies and records*

2.0           HAZARDOUS MATERIALS

2-1.          Are hazardous materialsused or stored?  If so, continue with thenext question.  If not, go to Section3.0.                   x  No                 o  Yes

2-2.          Are any of the followingmaterials handled on the property?  (Amaterial is handled if it is used, generated, processed, produced, packaged,treated, stored, emitted, discharged, or disposed.)  If so, complete this section.  If this question is not applicable, skip thissection and go on to Section 5.0.
| o  Explosives             | o  Fuels     | o  Oils                  |
|---------------------------|--------------|--------------------------|
| o  Solvents               | o  Oxidizers | o  Organics/Inorganics   |
| o  Acids                  | o  Bases     | o  Pesticides            |
| o  Gases                  | o  PCBs      | o  Radioactive Materials |
| o  Other (please specify) |         |                     |

 

2-3.          For the following groupsof chemicals, please check the type(s), use(s), and quantity of each chemicalused or stored on the site.  Attacheither a chemical inventory or list the chemicals in each category.
| o    Solvents  |   | o    Gases |
|------------------------------------|--------|--------------------------------|
|                               |   |                           |
| Type:                              |   | Type:                          |
|                               |   |                           |
| Use:                               |   | Use                            |
|                               |   |                           |
| Quantity:                          |   | Quantity:                      |
|                               |   |                           |
| o    Inorganic |   | o    Acids |
|                               |   |                           |
| Type:                              |   | Type:                          |

6

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| Use:                               |   | Use                                             |
|------------------------------------|--------|-------------------------------------------------|
|                               |   |                                            |
| Quantity:                          |   | Quantity:                                       |
|                               |   |                                            |
| o    Fuels     |   | o    Explosives             |
|                               |   |                                            |
| Type:                              |   | Type:                                           |
|                               |   |                                            |
| Use:                               |   | Use                                             |
|                               |   |                                            |
| Quantity:                          |   | Quantity:                                       |
|                               |   |                                            |
| o    Oils      |   | o    Bases                  |
|                               |   |                                            |
| Type:                              |   | Type:                                           |
|                               |   |                                            |
| Use:                               |   | Use                                             |
|                               |   |                                            |
| Quantity:                          |   | Quantity:                                       |
|                               |   |                                            |
| o    Oxidizers |   | o    Pesticides             |
|                               |   |                                            |
| Type:                              |   | Type:                                           |
|                               |   |                                            |
| Use:                               |   | Use                                             |
|                               |   |                                            |
| Quantity:                          |   | Quantity:                                       |
|                               |   |                                            |
| o    Organic   |   | o    Radioactive  Materials |
|                               |   |                                            |
| Type:                              |   | Type:                                           |
|                               |   |                                            |
| Use:                               |   | Use                                             |
|                               |   |                                            |
| Quantity:                          |   | Quantity:                                       |
|                               |   |                                            |
| o    Other     |   |                                            |
|                               |   |                                            |
| Type:                              |   |                                            |
|                               |   |                                            |
| Use:                               |   |                                            |
|                               |   |                                            |
| Quantity:                          |   |                                            |

7

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2-4.          List and quantify thematerials identified above.
| MATERIAL   | ** ** | **PHYSICAL STATE** | ** ** | **CONTAINER SIZE** | ** ** | **NUMBER OF  ONTAINERS** | ** ** |
|------------|------------|-------------------------|------------|-------------------------|------------|-------------------------------|------------|
| ** ** | ** ** | ** **              | ** ** | ** **              | ** ** | ** **                    | ** ** |
| ** ** | ** ** | ** **              | ** ** | ** **              | ** ** | ** **                    | ** ** |
| ** ** | ** ** | ** **              | ** ** | ** **              | ** ** | ** **                    | ** ** |
| ** ** | ** ** | ** **              | ** ** | ** **              | ** ** | ** **                    | ** ** |
| ** ** | ** ** | ** **              | ** ** | ** **              | ** ** | ** **                    | ** ** |
| ** ** | ** ** | ** **              | ** ** | ** **              | ** ** | ** **                    | ** ** |
| ** ** | ** ** | ** **              | ** ** | ** **              | ** ** | ** **                    | ** ** |
| ** ** | ** ** | ** **              | ** ** | ** **              | ** ** | ** **                    | ** ** |
| ** ** | ** ** | ** **              | ** ** | ** **              | ** ** | ** **                    | ** ** |

 

2-5.          Describe the storagearea location(s) for these materials.

3.0           HAZARDOUS WASTES

3-1.          Are hazardous wastesgenerated?  If so, continue with the nextquestion.  If not, skip this section andgo to section 4.0.                       x  No                       o  Yes

3-2.          Are any of the followingwastes generated, handled, or disposed of (where applicable) on the property?
| o  Hazardous wastes       |   | o  Industrial Wastewater |
|--------------------------------|--------|-------------------------------|
| o  Waste oils             |   | o  PCBs                  |
| o  Air emissions          |   | o  Sludges               |
| o  Other (please specify) |   |                          |

 

8

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3-3.          Identify and describethose wastes generated, handled or disposed of (disposition).  Specify any wastes known to be regulatedunder the Resource Conservation and Recovery Act (RCRA) as “listedcharacteristic or statutory” wastes. Include total amounts generated monthly. Please include name, location, and permit number (e.g. EPA ID No.) fortransporter and disposal facility, if applicable).  Attach separate pages as necessary.

3-4.          List and quantify thematerials identified in Question 3-2 of this section.
|                      | ** ** | ** ** | ** ** | **APPROXIMATE**       | ** ** | ** **                  | ** ** | ** **      | ** ** |
|----------------------|------------|------------|------------|-----------------------|------------|-----------------------------|------------|-----------------|------------|
| **WASTE  GENERATED** | ** ** | **SOURCE** | ** ** | **MONTHLY  QUANTITY** | ** ** | **WASTE  CHARACTERIZATION** | ** ** | **DISPOSITION** | ** ** |
|                 |       |       |       |                  |       |                        |       |            |       |
|                 |       |       |       |                  |       |                        |       |            |       |
|                 |       |       |       |                  |       |                        |       |            |       |
|                 |       |       |       |                  |       |                        |       |            |       |
| ** **           |       |       |       |                  |       |                        |       |            |       |
|                 |       |       |       |                  |       |                        |       |            |       |
| ** **           |       |       |       |                  |       |                        |       |            |       |
|                 |       |       |       |                  |       |                        |       |            |       |

 

3-5.                             Arepollution controls or monitoring employed in the process to prevent or minimizethe release of wastes into the environment? If so, please describe.

 

4.0           USTS/ASTS

4-1.          Are underground storagetanks (USTs), aboveground storage tanks (ASTs), or associated pipelines presenton site (lease renewals) or required for planned operations (new tenants)?  If not, continue with section 5.0.  If yes, please describe capacity, contents,age, design and construction of USTs or ASTs

4-2.          Is the UST/ASTregistered and permitted with the appropriate regulatory agencies?  Please provide a copy of the requiredpermits.

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4-3.          Indicate if any of thefollowing leak prevention measures have been provided for the USTs/ASTs andtheir associated piping.  Additionally,please indicate the number of tanks that are provided with the indicatedmeasure.  Please provide copies ofwritten test results and monitoring documentation.
| o    Integrity testing      |   | o    Inventory  reconciliation  |
|-------------------------------------------------|--------|-----------------------------------------------------|
|                                            |   |                                                |
| o    Leak  detection system |   | o    Overfill  spill protection |
|                                            |   |                                                |
| o    Secondary  containment |   | o    Other  (please describe)   |
|                                            |   |                                                |
| o    Cathodic  protection   |   |                                                |

 

4-4.          If this Questionnaire isbeing completed for a lease renewal, and if any of the USTs/ASTs have leaked,please state the substance released, the media(s) impacted (e.g., soil, water,asphalt, etc.), the actions taken, and all remedial responses to the incident.

4-5.          If this Questionnaire isbeing completed for a lease renewal, have USTs/ASTs been removed from theproperty?  If so, please provide anyofficial closure letters or reports and supporting documentation (e.g.,analytical test results, remediation report results, etc.).

4-6.          For lease renewals, arethere any above or below ground pipelines on site used to transfer chemicals orwastes?  For new tenants, areinstallations of this type required for the planned operations?  If so, please describe.

4-7.          If present or planned,have the chemical transfer pipelines been inspected or tested for leaks?  If so, please indicate the results andprovide a copy of the inspection or test results.

5.0           ASBESTOS CONTAININGBUILDING MATERIALS

5-1.          Please be advised thatthis property participates in an Asbestos Operations and Maintenance Program,and that an asbestos survey may have been performed at the Property.  If

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provided, please reviewthe information that identifies the locations of known asbestos containingmaterial or presumed asbestos containing material.  All personnel and appropriate subcontractorsshould be notified of the presence of these materials, and informed not todisturb these materials.  Any activitythat involves the disturbance or removal of these materials must be done by anappropriately trained individual/contractor.

6.0           REGULATORY

6-1.          For lease renewals, arethere any past, current, or pending regulatory actions by federal, state, orlocal environmental agencies alleging noncompliance with regulations?  If so, please describe.

6-2.          For lease renewals, arethere any past, current, or pending lawsuits or administrative proceedings foralleged environmental damages involving the property, you, or any owner ortenant of the property?  If so, please describe.

6-3.          Does the operation haveor require a National Pollutant Discharge Elimination System (NPDES) orequivalent permit?  If so, please providea copy of this permit.

6-4.          For lease renewals, havethere been any complaints from the surrounding community regarding facilityoperations?  If so, please describe.  Have there been any worker complaints orregulatory investigations regarding hazardous material exposure at the facility?  If so, please describe status and anycorrective actions taken.

6-5.          Has a HazardousMaterials Business Plan been developed for the site?  If so, please provide a copy.

CERTIFICATION

I am familiar withthe real property and facility operations described in this questionnaire.  By signing below, I represent and warrantthat the answers to the above questions are complete and accurate to the bestof my knowledge.  I also understand thatthe Landlord will rely on the completeness and accuracy of my answers inassessing any environmental liability risks associated with the property.

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|        | Signature: |   | /s/ Ralph Eatz         |
|--------|------------|--------|------------------------|
|   |       |   |                   |
|   | Name:      |   | Ralph Eatz             |
|   |       |   |                   |
|   | Title:     |   | Senior Vice  President |
|   |       |   |                   |
|   | Date:      |   | December 27,  2005     |
|   |       |   |                   |
|   | Telephone: |   | (770) 441-2051         |

 

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**EXHIBIT D**

**LANDLORD’SWAIVER OF LIEN AND SECURITY INTEREST**

**NOTE:  Thisdocument is to be executed and dated subsequent to the original execution ofthe Lease, when and if Landlord’s consent of waiver is sought.**

ThisAgreement is made and entered into as of this               dayof                    ,200   , by and between                                                 “EquipmentLessor/Lender”), and AMB entity name(“Landlord”), with reference tothat certain Agreement, dated                                                 ,(the “Equipment Lease/Loan”), by and between Equipment Lessor/Lender and                                                 (“Tenant”),wherein Equipment Lessor/Lender has agreed to lease to Tenant the property, ormake a loan secured by the assets, listed on Attachment A (“Assets”).

1.             Landlord acknowledges thatEquipment Lessor/Lender has first ownership claim on the Assets affixed to,installed or kept at the real property generally known as                                                                                                  (the“Premises”).

2.             Landlord agrees that the Assetswill remain personal property at all times even though they may be affixed toor installed upon the Premises.

3.             Landlord hereby waives any right,title, claim or interest in the Assets by reason of the Assets being attachedto or installed or resting upon the Premises and, subject to the rights ofTenant under the lease between Landlord and Tenant for the lease of thePremises (the “Lease”), hereby grants Equipment Lessor/Lender permission toremove the Assets from the Premises at any reasonable time during the term ofthe Lease after 5 days written notice to Landlord.  Equipment Lessor/Lender will be allowed 5 businessdays for the removal of the Assets. Equipment Lessor/Lender shall prior to the end of such 5 day periodrepair any damage to the Premises that results from said removal.  Equipment Lessor/Lender shall not disturb orinterfere with other tenants’ quiet enjoyment of their space in the Buildingand Industrial Center in which he Premises are located.  During the period that EquipmentLessor/Lender is in possession of the Premises it shall perform all of thecovenants of Tenant under the Lease other than the obligation to pay rent.

4.             Equipment Lessor/Lender agrees ondemand to reimburse the Landlord for the cost of repair of any physical damageto the Premises caused by Equipment Lessor/Lender’s removal of the Assets.  Equipment Lessor/Lender further agrees thatthe process of removal of the Assets will not leave the Premises in an unsafecondition or in a condition that could cause continuing damage.

5.             If Equipment Lessor/Lender fails toremove the Assets from the Premises prior to the termination of the Lease andLandlord has given such notice to Equipment Lessor/Lender as may be required bylaw for property to be deemed abandoned, then, after the time provided by law,Landlord may deem the assets to be abandoned property.

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6.             Equipment Lessor/Lender agrees togive Landlord written notice of Equipment Lessor/Lender’s declaration of anydefault of Tenant under the Equipment Lease within 10 days of such defaultunless such default is cured within such time period.

7.             Any notice required or permitted tobe given hereunder shall be deemed to be given (a) when hand delivered, (b) one(1) business day after pickup by any service that guarantees overnight deliveryor (c) upon receipt, when sent by United States mail, postage prepaid, andreturn receipt requested.  Notices shallbe addressed as appears below for the respective parties, provided that if anyparty gives notice of a change in name or address, notices to the giver of suchnotice shall thereafter be given as demanded in such notice:
| Equipment Lessor/Lender: |   | Landlord:                     |
|--------------------------|--------|-------------------------------|
|                     |   | AMB entity name               |
|                     |   | C/o AMB Property  Corporation |
|                     |   | 60 State Street,  Suite 3700  |
|                     |   | Boston, MA 02109              |
|                     |   |                          |
|                     |   | Attn: Kent D.  Greenawalt     |

 

INWITNESS WHEREOF, the parties hereto have executed this Agreement as of the datefirst written above.
| EQUIPMENT LESSOR/LENDER: |   | LANDLORD:                      |
|--------------------------|--------|--------------------------------|
|                     |   |                           |
| By:                      |   |                           | AMB entity name |
|                     |   |                           |
| Print Name:              |   |                           | By: |   |   |
|                     |   | Print Name: Kent D. Greenawalt |
| Title:                   |   |                           | Title: Senior Vice President |
| Date:                    |   |                           |   | Date: |   |   |
|                          |        |                                |  |  |  |  |  |  |  |  |

 

TENANT ACKNOWLEDGMENT AND AGREEMENT:
| By:         |   |   |   |
|-------------|--------|--------|--------|
|        |   |   |
| Print Name: |   |   |   |
|        |   |   |
| Title:      |   |   |   |
| Date:       |   |   |   |
|             |        |        |        |  |  |  |

 

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**EXHIBIT E**

 

**GLOSSARY**

 

**The following terms in the Leaseare defined in the paragraphs opposite the terms.**

 
| **TERM**                       | ** ** | **DEFINED IN PARAGRAPH** |
|--------------------------------|------------|--------------------------|
| Additional Rent                |       | 4.1                      |
| Applicable Requirements        |       | 6.3                      |
| Assign                         |       | 12.1                     |
| Base Rent                      |       | 1.4                      |
| Basic Provisions               |       | 1.1                      |
| Brokers                        |       | 1.12, 16.27              |
| Building                       |       | 1.2                      |
| Building Operating Expenses    |       | 4.2(b)                   |
| Code                           |       | 12.1                     |
| Commencement Date              |       | 1.3                      |
| Commencement Date Certificate  |       | 3.3                      |
| Common Areas                   |       | 2.2                      |
| Common Area Operating Expenses |       | 4.2(b)                   |
| Condemnation                   |       | 14                       |
| Default                        |       | 13.1                     |
| Expiration Date                |       | 1.3                      |
| HVAC                           |       | 4.2(a)(x)                |
| Hazardous Substance            |       | 6.2                      |
| Indemnity                      |       | 8.5                      |
| Industrial Center              |       | 1.2                      |
| Landlord                       |       | 1.1                      |
| Landlord Entities              |       | 6.2(c)                   |
| Lease                          |       | 1.1                      |
| Lenders                        |       | 6.4                      |
| Mortgage                       |       | 16.18                    |
| Operating Expenses             |       | 4.2                      |
| Party/Parties                  |       | 1.1                      |
| Permitted Use                  |       | 1.8                      |
| Premises                       |       | 1.2                      |
| Prevailing Party               |       | 16.13                    |

 

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| Real Property Taxes   |   | 10.2   |
|-----------------------|--------|--------|
| Rent                  |   | 4.1    |
| Reportable Use        |   | 6.2    |
| Requesting Party      |   | 15.1   |
| Responding Party      |   | 15.1   |
| Rules and Regulations |   | 2.4    |
| Security Deposit      |   | 1.7, 5 |
| Taxes                 |   | 10.2   |
| Tenant                |   | 1.1    |
| Tenant Acts           |   | 9.2    |
| Tenant’s Share   |   | 1.5    |
| Term                  |   | 1.3    |
| Use                   |   | 6.1    |
| Usufruct              |   | 16.28  |

 

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