LEASE AGREEMENT


 


THIS
LEASE AGREEMENT (this “Lease”) is made this 18th day of July, 2013, between ARE-EASTLAKE
AVENUE NO. 3, LLC, a Delaware limited liability company (“Landlord”), and ATOSSA GENETICS,
INC., a Delaware corporation (“Tenant”).


 


	Building:	1616 Eastlake Avenue East, Seattle, Washington 98102
	 	 
	Premises:	That portion of the Building, containing approximately 900 rentable square feet, as determined
    by Landlord, as shown on Exhibit A.
	 	 
	Project:	The real property on which the Building in which the Premises are located, together with
    all improvements thereon and appurtenances thereto as described on Exhibit B.
	 	 
	Base Rent:	$4,800 per month, on a gross basis


 


Rentable Area of Premises: 900 sq. ft.


 


Rentable Area of Project: 165,493 sq. ft.


 


	Security Deposit:	$4,500	Target Commencement Date: August 1, 2013


 


	Base Term:	Beginning on the Commencement Date and ending on November 30, 2014; provided, however, that Landlord shall have the right to terminate this Lease at any time during the Base Term upon 4 months advance written notice to Tenant.
	 	 
	Permitted Use:	Office and related uses consistent with the character of the Project and otherwise in compliance
    with the provisions of Section 7 hereof.


 


	Address for Rent Payment:	Landlord’s Notice Address:
	P.O. Box 975383	385 E. Colorado Boulevard, Suite 299
	Dallas, TX 75397-5383	Pasadena, CA 91101
	 	Attention: Corporate Secretary


 


Tenant’s Notice Address:


1616 Eastlake Avenue East, Suite 555


Seattle, Washington 98102


Attention: Lease Administrator


 


The following Exhibits and Addenda are attached hereto
and incorporated herein by this reference:


 


	x	EXHIBIT A - PREMISES DESCRIPTION	x	EXHIBIT B - DESCRIPTION OF PROJECT
	 ̈	EXHIBIT C - INTENTIONALLY OMITTED	x	EXHIBIT D - COMMENCEMENT DATE
	x	EXHIBIT E - RULES AND REGULATIONS	x	EXHIBIT F - TENANT’S PERSONAL PROPERTY


 


1.          Lease
of Premises. Upon and subject to all of the terms and conditions hereof, Landlord hereby leases the Premises to Tenant and
Tenant hereby leases the Premises from Landlord. The portions of the Project which are for the non-exclusive use of tenants of
the Project are collectively referred to herein as the “Common Areas.” Landlord reserves the right to modify
Common Areas, provided that such modifications do not materially adversely affect Tenant’s use of the Premises for the Permitted
Use.


 




    	



    	 



    

 


	Multi-Tenant Laboratory	1616 Eastlake/Atossa Genetics - Page 2


 


2.          Delivery;
Acceptance of Premises; Commencement Date. Landlord shall use reasonable efforts to deliver the Premises to Tenant on or before
the Target Commencement (“Delivery” or “Deliver”). If Landlord fails to timely Deliver the
Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void
or voidable except as provided herein. If Landlord does not Deliver the Premises within 60 days of the Target Commencement Date
for any reason other than Force Majeure delays, this Lease may be terminated by Landlord or Tenant by written notice to the other,
and if so terminated by either: (a) the Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to
which Landlord is entitled under the provisions of this Lease), shall be returned to Tenant, and (b) neither Landlord nor Tenant
shall have any further rights, duties or obligations under this Lease, except with respect to provisions which expressly survive
termination of this Lease. If neither Landlord nor Tenant elects to void this Lease within 5 business days of the lapse of such
60 day period, such right to void this Lease shall be waived and this Lease shall remain in full force and effect.


 


The “Commencement
Date” shall be the date Landlord Delivers the Premises to Tenant. Upon request of Landlord, Tenant shall execute and
deliver a written acknowledgment of the Commencement Date and the expiration date of the Term when such are established in the
form of the “Acknowledgement of Commencement Date” attached to this Lease as Exhibit D; provided, however,
Tenant’s failure to execute and deliver such acknowledgment shall not affect Landlord’s rights hereunder. The “Term”
of this Lease shall be the Base Term, as defined above on the first page of this Lease.


 


Except as otherwise
set forth in this Lease: (i) Tenant shall accept the Premises in their condition as of the Commencement Date, subject to all applicable
Legal Requirements (as defined in Section 7 hereof); (ii) Landlord shall have no obligation for any defects in the Premises;
and (iii) Tenant’s taking possession of the Premises shall be conclusive evidence that Tenant accepts the Premises and that the
Premises were in good condition at the time possession was taken. Any occupancy of the Premises by Tenant before the Commencement
Date shall be subject to all of the terms and conditions of this Lease, including the obligation to pay Base Rent.


 


Tenant agrees and acknowledges
that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or
any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business,
and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. This Lease constitutes
the complete agreement of Landlord and Tenant with respect to the subject matter hereof and supersedes any and all prior representations,
inducements, promises, agreements, understandings and negotiations which are not contained herein. Landlord in executing this Lease
does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein.


 


		3.	Rent.



 


(a)            Base
Rent. The first month’s Base Rent and the Security Deposit shall be due and payable on delivery of an executed copy of this
Lease to Landlord. Tenant shall pay to Landlord in advance, without demand, abatement, deduction or set-off, monthly installments
of Base Rent on or before the first day of each calendar month during the Term hereof, in lawful money of the United States of
America, at the office of Landlord for payment of Rent set forth above, or to such other person or at such other place as Landlord
may from time to time designate in writing. Payments of Base Rent for any fractional calendar month shall be prorated. The obligation
of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations.
Tenant shall have no right at any time to abate, reduce, or set-off any Rent (as defined in Section 5) due hereunder except
for any abatement as may be expressly provided in this Lease.


 


(b)            Additional
Rent. In addition to Base Rent, Tenant agrees to pay to Landlord as additional rent (“Additional Rent”),
any and all other amounts Tenant assumes or agrees to pay under the provisions of this Lease, including, without limitation, any
and all other sums that may become due by reason of any default of Tenant or failure to comply with the agreements, terms, covenants
and conditions of this Lease to be performed by Tenant, after any applicable notice and cure period. Base Rent, and all other amounts
payable by Tenant to Landlord hereunder are collectively referred to herein as “Rent.”


 




    	



    	 



    

 


	Multi-Tenant Laboratory	1616 Eastlake/Atossa Genetics - Page 3


 


	 	4.	Intentionally Omitted.


 


	 	5.	Intentionally Omitted.


 


6.            Security Deposit. The Security Deposit shall be held by Landlord without obligation for interest thereon as
security for the performance of Tenant’s obligations under this Lease. The Security Deposit is not an advance rental deposit or
a measure of Landlord’s damages in case of Tenant’s default. Upon each occurrence of a Default (as defined in Section 20),
Landlord may use all or part of the Security Deposit to pay delinquent payments due under this Lease, future rent damages, and
the cost of any damage, injury, expense or liability caused by such Default, without prejudice to any other remedy provided herein
or provided by law. Landlord’s right to use the Security Deposit under this Section 6 includes the right to use the Security
Deposit to pay future rent damages following the termination of this Lease pursuant to Section 21(c) below. Upon any use
of all or any portion of the Security Deposit, Tenant shall pay Landlord on demand the amount that will restore the Security Deposit
to its original amount. Upon bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall be deemed
to be applied first to the payment of Rent and other charges due Landlord for periods prior to the filing of such proceedings.
Landlord’s obligation respecting the Security Deposit is that of a debtor, not a trustee; no interest shall accrue thereon. The
Security Deposit shall be the property of Landlord, but shall be paid to Tenant when Tenant’s obligations under this Lease have
been completely fulfilled. Landlord shall be released from any obligation with respect to the Security Deposit upon transfer of
this Lease and the Premises to a person or entity assuming Landlord’s obligations under this Section 6. Tenant hereby waives
the provisions of any law, now or hereafter in force, which provide that Landlord may claim from a security deposit only those
sums reasonably necessary to remedy defaults in the payment of Rent, to repair damage caused by Tenant or to clean the Premises,
it being agreed that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any other loss
or damage, foreseeable or unforeseeable, caused by the act or omission of Tenant or any officer, employee, agent or invitee of
Tenant. The Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled
under the provisions of this Lease), shall be returned to Tenant (or, at Landlord’s option, to the last assignee of Tenant’s interest
hereunder) within 90 days after the expiration or earlier termination of this Lease.


 


If Landlord transfers
its interest in the Project or this Lease, Landlord shall either (a) transfer any Security Deposit then held by Landlord to a
person or entity assuming Landlord’s obligations under this Section 6, or (b) return to Tenant any Security Deposit then
held by Landlord and remaining after the deductions permitted herein. Upon such transfer to such transferee or the return of the
Security Deposit to Tenant, Landlord shall have no further obligation with respect to the Security Deposit, and Tenant’s right
to the return of the Security Deposit shall apply solely against Landlord’s transferee. The Security Deposit is not an advance
rental deposit or a measure of Landlord’s damages in case of Tenant’s default. Landlord’s obligation respecting the Security Deposit
is that of a debtor, not a trustee, and no interest shall accrue thereon.


 


7.            Use.
The Premises shall be used solely for the Permitted Use set forth in the basic lease provisions on page 1 of this Lease, and in
compliance with all laws, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions
now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans
With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”)
(collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant
shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental
Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or
permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance,
increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of
the Premises to be used as a “place of public accommodation”; as defined in the ADA or any similar legal requirement.
Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason
of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy
of the premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload
the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with
the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation,
or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall
cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises
from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment weighing 500
pounds or more in or upon the Premises or transport or move such items through the Common Areas of the Project or in the Project
elevators without the prior written consent of Landlord. Tenant shall not, without the prior written consent of Landlord, use
the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the
existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished
for the Permitted Use.


 




    	



    	 



    

 


	Multi-Tenant Laboratory	1616 Eastlake/Atossa Genetics - Page 4


 


Tenant, at its sole
expense, shall make any alterations or modifications to the interior or the exterior of the Premises or the Project that are required
by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy
of the Premises and Tenant’s Alterations. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible
for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all
reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees,
charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal
Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out
of or in connection with any failure of the Premises to comply with any Legal Requirement.


 


8.          Holding
Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the
Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord
at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent
pursuant to Section 4 hereof) shall remain in full force and effect (excluding any expansion or renewal option or other
s;imilar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon
the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole
and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If
Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written
consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental
shall be equal to 200% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages
suffered by Landlord resulting from or occasioned by Tenant’s holding over, including consequential damages. No holding over by
Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided,
and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord
of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of
this Lease.


 


9.          Taxes.
Landlord shall pay all taxes, levies, fees, assessments and governmental charges of any kind, existing as of the Commencement Date
or thereafter enacted (collectively referred to as “Taxes”), imposed by any federal, state, regional, municipal,
local or other governmental authority or agency, including, without limitation, quasi-public agencies (collectively, “Governmental
Authority”) during the Term, including, without limitation, all Taxes: (i) imposed on or measured by or based, in whole
or in part, on rent payable to (or gross receipts received by) Landlord under this Lease and/or from the rental by Landlord of
the Project or any portion thereof, or (ii) based on the square footage, assessed value or other measure or evaluation of any kind
of the Premises or the Project, or (iii) assessed or imposed by or on the operation or maintenance of any portion of the Premises
or the Project, including parking, or (iv) assessed or imposed by, or at the direction of, or resulting from Legal Requirements,
or interpretations thereof, promulgated by any Governmental Authority, or (v) imposed as a license or other fee, charge, tax, or
assessment on Landlord’s business or occupation of leasing space in the Project.


 




    	



    	 



    

 


	Multi-Tenant Laboratory	1616 Eastlake/Atossa Genetics - Page 5


 


Landlord may contest
by appropriate legal proceedings the amount, validity, or application of any Taxes or liens securing Taxes. Taxes shall not include
any net income taxes imposed on Landlord except to the extent such net income taxes are in substitution for any Taxes payable hereunder.
If any such Tax is levied or assessed directly against Tenant, then Tenant shall be responsible for and shall pay the same at such
times and in such manner as the taxing authority shall require. Tenant shall pay, prior to delinquency, any and all Taxes levied
or assessed against any personal property or trade fixtures placed by Tenant in the Premises, whether levied or assessed against
Landlord or Tenant. If any Taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property,
or if the assessed valuation of the Project is increased by a value attributable to improvements in or alterations to the Premises,
whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, higher than
the base valuation on which Landlord from time-to-time allocates Taxes to all tenants in the Project, Landlord shall have the right,
but not the obligation, to pay such Taxes. Landlord’s determination of any excess assessed valuation shall be binding and conclusive,
absent manifest error. The amount of any such payment by Landlord shall constitute Additional Rent due from Tenant to Landlord
immediately upon demand.


 


Notwithstanding
anything to the contrary contained herein, Tenant shall pay, prior to delinquency, any and all Taxes levied or assessed
against any personal property or trade fixtures placed by Tenant in the Premises, whether levied or assessed against Landlord
or Tenant. If any Taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property, or
if the assessed valuation of the Project is increased by a value attributable to improvements in or alterations to the
Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof,
higher than the base valuation on which Landlord from time-to-time allocates Taxes to all tenants in the Project, Landlord
shall have the right, but not the obligation, to pay such Taxes. Landlord’s determination of any excess assessed valuation
shall be binding and conclusive, absent manifest error. The amount of any such payment by Landlord shall constitute
additional Rent due from Tenant to Landlord immediately upon demand.


 


10.         Parking.
Subject to all matters of record, Force Majeure, a Taking (as defined in Section 19 below) and the exercise by Landlord
of its rights hereunder, Tenant shall have the right, in common with other tenants of the Project, to use 2 parking spaces which
parking spaces shall be located in the non-reserved parking areas serving the Building, as may be modified by Landlord from time
to time, subject in each case to Landlord’s rules and regulations. Landlord shall not be responsible for enforcing Tenant’s parking
rights against any third parties, including other tenants of the Project.


 


11.         Utilities,
Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat, light, power,
sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse
and trash collection and janitorial services (collectively, “Utilities”). No interruption or failure of Utilities,
from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant,
termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer to normal restroom use.


 


12.         Alterations
and Tenant’s Property. Any alterations, additions, or improvements made to the Premises by or on behalf of Tenant, including
additional locks or bolts of any kind or nature upon any doors or windows in the Premises, but excluding installation, removal
or realignment of furniture systems (other than removal of furniture systems owned or paid for by Landlord) not involving any
modifications to the structure or connections (other then by ordinary plugs or jacks) to Building Systems (as defined in Section
13) (“Alterations”) shall be subject to Landlord’s prior written consent, which may be given or withheld
in Landlord’s sole discretion if any such Alteration affects the structure or Building Systems and shall not be otherwise unreasonably
withheld. If Landlord approves any Alterations, Landlord may impose such conditions on Tenant in connection with the commencement,
performance and completion of such Alterations as Landlord may deem appropriate in Landlord’s sole and absolute discretion. Any
request for approved shall be in writing, delivered not less than 15 business days in advance of any proposed construction, and
accompanied by plans, specifications, bid proposals, work contracts and such other information concerning the nature and cost
of the alterations as may be reasonably requested by Landlord, including the identities and mailing addresses of all persons performing
work or supplying materials. Landlord’s right to review plans and specifications and to monitor construction shall be solely for
its own benefit, and Landlord shall have no duty to ensure that such plans and specifications or construction comply with applicable
Legal Requirements. Tenant shall cause, at its sole cost and expense, all Alterations to comply with insurance requirements and
with Legal Requirements and shall implement at its sole cost and expense any alteration or modification required by Legal Requirements
as a result of any Alterations. Tenant shall pay to Landlord, as Additional Rent, on demand an amount equal to 5% of all charges
incurred by Tenant or its contractors or agents in connection with any Alteration to cover Landlord’s overhead and expenses for
plan review, coordination, scheduling and supervision. Before Tenant begins any Alteration, Landlord may post on and about the
Premises notices of non-responsibility pursuant to applicable law. Tenant shall reimburse Landlord for, and indemnify and hold
Landlord harmless from, any expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, delays caused
by such work, or inadequate cleanup.


 




    	



    	 



    

 


	Multi-Tenant Laboratory	1616 Eastlake/Atossa Genetics - Page 6


 


Tenant shall furnish
security or make other arrangements satisfactory to Landlord to assure payment for the completion of all Alterations work free
and clear of liens, and shall provide (and cause each contractor or subcontractor to provide) certificates of insurance for workers’
compensation and other coverage in amounts and from an insurance company satisfactory to Landlord protecting Landlord against
liability for personal injury or property damage during construction. Upon completion of any Alterations, Tenant shall deliver
to Landlord: (i) sworn statements setting forth the names of all contractors and subcontractors who did the work and final lien
waivers from all such contractors and subcontractors; and (ii) “as built” plans for any such Alteration.


 


Except
for Removable Installations (as hereinafter defined), all Installations (as hereinafter defined) shall be and shall remain
the property of Landlord during the Term and following the expiration or earlier termination of the Term, shall not be
removed by Tenant at any time during the Term, and shall remain upon and be surrendered with the Premises as a part
thereof. Notwithstanding the foregoing, Landlord may, at the time its approval of any such Installation is requested, notify
Tenant that Landlord requires that Tenant remove such Installation upon the expiration or earlier termination of the Term, in
which event Tenant shall remove such Installation in accordance with the immediately succeeding sentence. Upon the expiration
or earlier termination of the Term, Tenant shall remove (i) all wires, cables or similar equipment which Tenant has installed
in the Premises or in the risers or plenums of the Building, (ii) any Installations for which Landlord has given Tenant
notice of removal in accordance with the immediately preceding sentence, and (iii) all of Tenant’s Property (as
hereinafter defined), and Tenant shall restore and repair any damage caused by or occasioned as a result of such removal,
including, without limitation, capping off all such connections behind the walls of the Premises and repairing any holes.
During any restoration period beyond the expiration or earlier termination of the Term, Tenant shall pay Rent to Landlord as
provided herein as if said space were otherwise occupied by Tenant. If Landlord is requested by Tenant or any lender, lessor
or other person or entity claiming an interest in any of Tenant’s Property to waive any lien Landlord may have against
any of Tenant’s Property, and Landlord consents to such waiver, then landlord shall be entitled to be paid as
administrative rent a fee of $1,000 per occurrence for its time and effort in preparing and negotiating such a waiver of
lien.


 


For purposes of
this Lease, (x) “Removable Installations” means any items listed on Exhibit F attached hereto and any
items agreed by Landlord in writing to be included on Exhibit F in the future, (y) “Tenant’s Property”
means Removable Installations and, other than Installations, any personal property or equipment of Tenant that may be removed
without material damage to the Premises, and (z) “Installations” means all property of any kind paid for by
Landlord, all Alterations, all fixtures, and all partitions, hardware, built-in machinery, built-in casework and cabinets and
other similar additions, equipment, property and improvements built into the Premises so as to become an integral part of the
Premises, including, without limitation, fume hoods which penetrate the roof or plenum area, built-in cold rooms, built-in warm
rooms, walk-in cold rooms, walk-in warm rooms, deionized water systems, glass washing equipment, autoclaves, chillers, built-in
plumbing, electrical and mechanical equipment and systems, and any power generator and transfer switch.


 




    	



    	 



    

 


	Multi-Tenant Laboratory	1616 Eastlake/Atossa Genetics - Page 7


 


13.         Landlord’s
Repairs. Landlord shall maintain all of the structural, exterior, parking and other Common Areas of the Project, including
HVAC, plumbing, fire sprinklers, elevators and all other building systems serving the Premises and other portions of the Project
(“Building Systems”), in good repair, reasonable wear and tear and uninsured losses and damages caused by Tenant,
or by any of Tenant’s agents, servants, employees, invitees and contractors (collectively, “Tenant Parties”)
excluded. Losses and damages caused by Tenant or any Tenant Party shall be repaired by Landlord, to the extent not covered by
insurance, at Tenant’s sole cost and expense. Landlord reserves the right to stop Building Systems services when necessary
(i) by reason of accident or emergency, or (ii) for planned repairs, alterations or improvements, which are, in the judgement
of Landlord, desirable or necessary to be made, until said repairs, alterations or improvements shall have been completed. Landlord
shall have no responsibility or liability for failure to supply Building Systems services during any such period of interruption;
provided, however, that Landlord shall, except in case of emergency, make a commercially reasonable effort to give
Tenant 24 hours advance notice of any planned stoppage of Building Systems services for routine maintenance, repairs, alterations
or improvements. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to this Section,
after which Landlord shall make a commercially reasonable effort to effect such repair. Landlord shall not be liable for any failure
to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after Tenant’s
written notice of the need for such repairs or maintenance. Tenant waives its rights under any state or local law to terminate
this Lease or to make such repairs at Landlord’s expense and agrees that the parties’ respective rights with respect
to such matters shall be solely as set forth herein. Repairs required as the result of fire, earthquake, flood, vandalism, war,
or similar cause of damage or destruction shall be controlled by Section 18.


 


14.         Tenant’s
Repairs. Subject to Section 13 hereof, Tenant, at its expense,
shall repair, replace and maintain in good condition all portions of the Premises, including, without limitation, entries, doors,
ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital
expenditures and repairs whose benefit may extend beyond the Term. Should Tenant fail to make any such repair or replacement or
fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure
within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such
work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant
creates or could create an emergency, Landlord may immediately commence cure of such failure and
shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant
shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by
Tenant or any Tenant Party and any repair that benefits only the Premises.


 


15.         Mechanic’s
Liens. Tenant shall discharge, by bond or otherwise, any mechanic’s lien filed against the Premises or against the Project
for work claimed to have been done for, or materials claimed to have been furnished to, Tenant within 10 days after the filing
thereof, at Tenant’s sole cost and shall otherwise keep the Premises and the Project free from any liens arising out of
work performed, materials furnished or obligations incurred by Tenant. Should Tenant fail to discharge any lien described herein,
Landlord shall have the right, but not the obligation, to pay such claim or post a bond or otherwise provide security to eliminate
the lien as a claim against title to the Project and the cost thereof shall be immediately due from Tenant as Additional Rent.
If Tenant shall lease or finance the acquisition of office equipment, furnishings, or other personal property of a removable nature
utilized by Tenant in the operation of Tenant’s business, Tenant warrants that any Uniform Commercial Code Financing Statement
filed as a matter of public record by any lessor or creditor of Tenant will upon its face or by exhibit thereto indicate that
such Financing Statement is applicable only to removable personal property of Tenant located within the Premises. In no event
shall the address of the Project be furnished on the statement without qualifying language as to applicability of the lien only
to removable personal property, located in an identified suite held by Tenant.


 


16.        
 Indemnification. Tenant hereby indemnifies and agrees to defend, save and hold Landlord harmless from and against
any and all Claims for injury or death to persons or damage to property occurring within or about the Premises, arising directly
or indirectly out of use or occupancy of the Premises or a breach or default by Tenant in the performance of any of its obligations
hereunder, unless caused solely by the willful misconduct or gross negligence of Landlord. Landlord shall not be liable to Tenant
for, and Tenant assumes all risk of damage to, personal property (including, without limitation, loss of records kept within the
Premises). Tenant further waives any and all Claims for injury to Tenant’s business or loss of income relating to any such damage
or destruction of personal property (including, without limitation, any loss of records). Landlord shall not be liable for any
damages arising from any act, omission or neglect of any tenant in the Project or of any other third party.


 




    	



    	 



    

 


	Multi-Tenant Laboratory	1616 Eastlake/Atossa Genetics - Page 8


 


17.         Insurance.
Landlord shall maintain all risk property and, if applicable, sprinkler damage insurance covering the full replacement cost of
the Project or such lesser coverage amount as Landlord may elect provided such coverage amount is not less than 90% of
such full replacement cost. Landlord shall further procure and maintain commercial general liability insurance with a single loss
limit of not less than $2,000,000 for bodily injury and property damage with respect to the Project. Landlord may, but is not
obligated to, maintain such other insurance and additional coverages as it may deem necessary, including, but not limited to,
flood, environmental hazard and earthquake, loss or failure of building equipment, errors and omissions, rental loss during the
period of repair or rebuilding, workers’ compensation insurance and fidelity bonds for employees employed to perform services
and insurance for any improvements installed by Tenant or which are in addition to the standard improvements customarily furnished
by Landlord without regard to whether or not such are made a part of the Project. The Project may be included in a blanket policy
(in which case the cost of such insurance allocable to the Project will be determined by Landlord based upon the insurer’s
cost calculations). Tenant shall also reimburse Landlord for any increased premiums or additional insurance which Landlord reasonably
deems necessary as a result of Tenant’s use of the Premises.


 


Tenant, at its sole
cost and expense, shall maintain during the Term: all risk property insurance with business interruption and extra expense coverage,
covering the full replacement cost of all property and improvements installed or placed in the Premises by Tenant at Tenant’s
expense; workers’ compensation insurance with no less than the minimum limits required by law; employer’s liability
insurance with such limits as required by law; and commercial general liability insurance, with a minimum limit of not less than
$2,000,000 per occurrence for bodily injury and property damage with respect to the Premises. The commercial general liability
insurance policy shall name Alexandria Real Estate Equities, Inc., and Landlord, its officers, directors, employees, managers,
agents, invitees and contractors (collectively, “Landlord Parties”), as additional insureds; insure on an occurrence
and not a claims-made basis; be issued by insurance companies which have a rating of not less than policyholder rating of A and
financial category rating of at least Class X in “Best’s Insurance Guide”; shall not be cancelable for
nonpayment of premium unless 30 days prior written notice shall have been given to Landlord from the insurer; contain a hostile
fire endorsement and a contractual liability endorsement; and provide primary coverage to Landlord (any policy issued to Landlord
providing duplicate or similar coverage shall be deemed excess over Tenant’s policies). Copies of such policies (if requested
by Landlord), or certificates of insurance showing the limits of coverage required hereunder and showing Landlord as an additional
insured, along with reasonable evidence of the payment of premiums for the applicable period, shall be delivered to Landlord by
Tenant upon commencement of the Term and upon each renewal of said insurance. Tenant’s policy may be a “blanket policy”
with an aggregate per location endorsement which specifically provides that the amount of insurance shall not be prejudiced by
other losses covered by the policy. Tenant shall, at least 5 days prior to the expiration of such policies, furnish Landlord with
renewal certificates.


 


In each instance
where insurance is to name Landlord as an additional insured, Tenant shall upon written request of Landlord also designate and
furnish certificates so evidencing Landlord as additional insured to: (i) any lender of Landlord holding a security interest in
the Project or any portion thereof, (ii) the landlord under any lease wherein Landlord is tenant of the real property on which
the Project is located, if the interest of Landlord is or shall become that of a tenant under a ground or other underlying lease
rather than that of a fee owner, and/or (iii) any management company retained by Landlord to manage the Project.


 




    	



    	 



    

 


	Multi-Tenant Laboratory	1616 Eastlake/Atossa Genetics - Page 9


 


The property
insurance obtained by Landlord and Tenant shall include a waiver of subrogation by the insurers and all rights based upon an assignment
from its insured, against Landlord or Tenant, and their respective officers, directors, employees, managers, agents, invitees and
contractors (“Related Parties”), in connection with any loss or damage thereby insured against. Neither party
nor its respective Related Parties shall be liable to the other for loss or damage caused by any risk insured against under property
insurance required to be maintained hereunder and each party waives any claims against the other party, and its respective Related
Parties, for such loss or damage. The failure of a party to insure its property shall not void this waiver. Landlord and its respective
Related Parties shall not be liable for, and Tenant hereby waives all claims against such parties for, business interruption and
losses occasioned thereby sustained by Tenant or any person claiming through Tenant resulting from any accident or occurrence in
or upon the Premises or the Project from any cause whatsoever. If the foregoing waivers shall contravene any law with respect to
exculpatory agreements, the liability of Landlord or Tenant shall be deemed not released but shall be secondary to the other’s
insurer.


 


Landlord may require
insurance policy limits to be raised to conform with requirements of Landlord’s lender and/or to bring coverage limits to levels
then being generally required of new tenants within the Project.


 


18.         Restoration.
If at any time during the Term the Premises are in whole or in part materially damaged or destroyed by a fire or other casualty,
this Lease shall, at the written election of Landlord or Tenant, terminate as of the date of such damage or destruction. If at
any time during the Term the Project are in whole or in part materially damaged or destroyed by a fire or other casualty, this
Lease shall, at the written election of Landlord, terminate as of the date of such damage or destruction. Any statute or regulation
which is now or may hereafter be in effect shall have no application to this Lease or any such damage or destruction, the parties
hereto expressly agreeing that this Section sets forth their entire understanding and agreement with respect to such matters. Upon
any fire or other casualty, Landlord shall be entitled to receive the entire proceeds of the insurance maintained by Landlord without
any payment to Tenant, and Tenant hereby assigns to Landlord Tenant’s interest, if any, in such proceeds.


 


19.        Condemnation.
If the whole or any material part of the Premises or the Project is taken for any public or quasi-public use under
governmental law, ordinance, or regulation, or by right of eminent domain, or by private purchase in lieu thereof
(a “Taking” or “Taken”), and the Taking would in Landlord’s reasonable judgment,
either prevent or materially interfere with Tenant’s use of the Premises or materially interfere with or impair
Landlord’s ownership or operation of the Project, then upon written notice by Landlord this Lease shall terminate and
Rent shall be apportioned as of said date. If part of the Premises shall be Taken, and this Lease is not terminated as
provided above, Landlord shall promptly restore the Premises and the Project as nearly as is commercially reasonable under
the circumstances to their condition prior to such partial Taking and the rentable square footage of the Building, the
rentable square footage of the Premises and the Rent payable hereunder during the unexpired Term shall be reduced to such
extent as may be fair and reasonable under the circumstances. Upon any such Taking, Landlord shall be entitled to receive the
entire price or award from any such Taking without any payment to Tenant, and Tenant hereby assigns to Landlord
Tenant’s interest, if any, in such award. Tenant shall have the right, to the extent that same shall not diminish
Landlord’s award, to make a separate claim against the condemning authority (but not Landlord) for such compensation as
may be separately awarded or recoverable by Tenant for moving expenses and damage to Tenant’s trade fixtures, if a
separate award for such items is made to Tenant. Tenant hereby waives any and all rights it might otherwise have pursuant to
any provision of state law to terminate this Lease upon a partial Taking of the Premises or the Project.


 


20.         Events
of Default. Each of the following events shall be a default (“Default”) by Tenant under this Lease:


 


(a)          Payment
Defaults. Tenant shall fail to pay any installment of Rent or any other payment hereunder when due.


 


(b)          Insurance.
Any insurance required to be maintained by Tenant pursuant to this Lease shall be canceled or terminated or shall expire or shall
be reduced or materially changed, or Landlord shall receive a notice of nonrenewal of any such insurance and Tenant shall fail
to obtain replacement insurance at least 20 days before the expiration of the current coverage.


 




    	



    	 



    

 


	Multi-Tenant Laboratory	1616 Eastlake/Atossa Genetics - Page 10


 


(c)          Abandonment.
Tenant shall abandon the Premises.


 


(d)          Improper
Transfer. Tenant shall assign, sublease or otherwise transfer or attempt to transfer all or any portion of Tenant’s interest
in this Lease or the Premises except as expressly permitted herein, or Tenant’s interest in this Lease shall be attached, executed
upon, or otherwise judicially seized and such action is not released within 90 days of the action.


 


(e)          Liens.
Tenant shall fail to discharge or otherwise obtain the release of any lien placed upon the Premises in violation of this lease
within 10 days after any such lien is filed against the Premises.


 


(f)          Insolvency
Events. Tenant or any guarantor or surety of Tenant’s obligations hereunder shall: (A) make a general assignment for
the benefit of creditors; (8) commence any case, proceeding or other action seeking to have an order for relief entered on its
behalf as a debtor or to adjudicate it a bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, liquidation,
dissolution or composition of it or its debts or seeking appointment of a receiver, trustee, custodian or other similar official
for it or for all or of any substantial part of its property (collectively a “Proceeding for Relief”); (C)
become the subject of any Proceeding for Relief which is not dismissed within 90 days of its filing or entry; or (D) die or suffer
a legal disability (if Tenant, guarantor, or surety is an individual) or be dissolved or otherwise fail to maintain its legal
existence (if Tenant, guarantor or surety is a corporation, partnership or other entity).


 


(g)          Estoppel
Certificate or Subordination Agreement. Tenant fails to execute any document required from Tenant under Sections 23
or 27 within 5 days after a second notice requesting such document. 


 


(h)          Other
Defaults. Tenant shall fail to comply with any provision of this lease other than those specifically referred to in this Section
20, and, except as otherwise expressly provided herein, such failure shall continue for a period of 10 days after written
notice thereof from landlord to Tenant.


 


Any notice
given under Section 20(h) hereof shall: (i) specify the alleged default, (ii) demand that Tenant cure such default, (iii)
be in lieu of, and not in addition to, or shall be deemed to be, any notice required under any provision of applicable law, and
(iv) not be deemed a forfeiture or a termination of this Lease unless landlord elects otherwise in such notice; provided
that if the nature of Tenant’s default pursuant to Section 20(h) is such that it cannot be cured by the payment of
money and reasonably requires more than 10 days to cure, then Tenant shall not be deemed to be in default if Tenant commences
such cure within said 10 day period and thereafter diligently prosecutes the same to completion; provided, however,
that such cure shall be completed no later than 30 days from the date of Landlord’s notice.


 


21.         Landlord’s
Remedies.


 


(a)          Payment
By Landlord; Interest. Upon a Default by Tenant hereunder, Landlord may, without waiving or releasing any obligation of Tenant
hereunder, make such payment or perform such act. All sums so paid or incurred by Landlord, together with interest thereon, from
the date such sums were paid or incurred, at the annual rate equal to 12% per annum or the highest rate permitted by law (the “Default
Rate”), whichever is less, shall be payable to landlord on demand as Additional Rent. Nothing herein shall be construed
to create or impose a duty on landlord to mitigate any damages resulting from Tenant’s Default hereunder.


 




    	



    	 



    

 


	Multi-Tenant Laboratory	1616 Eastlake/Atossa Genetics - Page 11


 


(b)        Late
Payment Rent. Late payment by Tenant to Landlord of Rent and other sums due will cause Landlord to incur costs not contemplated
by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Such costs include, but are
not limited to, processing and accounting charges and late charges which may be imposed on Landlord under any Mortgage covering
the Premises. Therefore, if any installment of Rent due from Tenant is not received by Landlord within 5 days after the date such
payment is due, Tenant shall pay to Landlord an additional sum equal to 6% of the overdue Rent as a late charge. The parties agree
that this late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant.
In addition to the late charge, Rent not paid when due shall bear interest at the Default Rate from the 5th day after the date
due until paid.


 


(c)
         Remedies. Upon the occurrence of a Default, Landlord, at its
option, without further notice or demand to Tenant, shall have in addition to all other rights and remedies provided in this
Lease, at law or in equity, the option to pursue any one or more of the following remedies, each and all of which shall be
cumulative and nonexclusive, without any notice or demand whatsoever.


 


(i)         Terminate
this Lease, or at Landlord’s option, Tenant’s right to possession only, in which event Tenant shall immediately surrender the Premises
to Landlord, and if Tenant fails to do so, Landlord may, without prejudice to any other remedy which it may have for possession
or arrearages in rent, enter upon and take possession of the Premises and expel or remove Tenant and any other person who may be
occupying the Premises or any part thereof, without being liable for prosecution or any claim or damages therefor;


 


(ii)         Upon
any termination of this Lease, whether pursuant to the foregoing Section 21(c)(i) or otherwise,
Landlord may recover from Tenant the following:


 


(A)         The
worth at the time of award of any unpaid rent which has been earned at the time of such termination; plus


 


(B)         The
worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time
of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus


 


(C)         The
worth at the time of award of the amount by which the unpaid rent for the balance of the Term after the time of award exceeds the
amount of such rental loss that Tenant proves could have been reasonably avoided; plus


 


(D)         Any
other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant’s failure to perform
its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, specifically
including, but not limited to, brokerage commissions and advertising expenses incurred, expenses of remodeling the Premises
or any portion thereof for a new tenant, whether for the same or a different use, and any special concessions made to obtain
a new tenant; and


 


(E)         At
Landlord’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable
law.


 


The term “rent”
as used in this Section 21 shall be deemed to be and to mean all sums of every nature required to be paid by Tenant pursuant
to the terms of this Lease, whether to Landlord or to others. As used in Sections 21(c)(ii)(A) and (B), above, the
“worth at the time of award” shall be computed by allowing interest at the Default Rate. As used in Section
21 (c)(ii)(C) above, the “worth at the time of award” shall be computed by discounting such amount
at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus 1%.


 


(iii)       Landlord
may continue this Lease in effect after Tenant’s Default and recover rent as it becomes due (Landlord and Tenant hereby agreeing
that Tenant has the right to sublet or assign hereunder, subject only to reasonable limitations). Accordingly, if Landlord does
not elect to terminate this Lease following a Default by Tenant, Landlord may, from time to time, without terminating this Lease,
enforce all of its rights and remedies hereunder, including the right to recover all Rent as it becomes due.


 




    	



    	 



    

 


	Multi-Tenant Laboratory	1616 Eastlake/Atossa Genetics - Page 12


 


(iv)       Whether
or not Landlord elects to terminate this Lease following a Default by Tenant, Landlord shall have the right to terminate any and
all subleases, licenses, concessions or other consensual arrangements for possession entered into by Tenant and affecting the Premises
or may, in Landlord’s sole discretion, succeed to Tenant’s interest in such subleases, licenses, concessions or arrangements. Upon
Landlord’s election to succeed to Tenant’s interest in any such subleases, licenses, concessions or arrangements, Tenant shall,
as of the date of notice by Landlord of such election, have no further right to or interest in the rent or other consideration
receivable thereunder.


 


(v)         Independent
of the exercise of any other remedy of Landlord hereunder or under applicable law, Landlord may conduct an environmental test
of the Premises as generally described in Section 30(d) hereof, at Tenant’s expense.


 


(d)          Effect
of Exercise.  Exercise by Landlord of any remedies hereunder or otherwise available shall not be deemed to be
an acceptance of surrender of the Premises and/or a termination of this Lease by Landlord, it being understood that
such surrender and/or termination can be effected only by the express written agreement of Landlord and Tenant. Any law,
usage, or custom to the contrary notwithstanding, Landlord shall have the right at all times to enforce the provisions of
this Lease in strict accordance with the terms hereof; and the failure of Landlord at any time
to enforce its rights under this Lease strictly in accordance with same shall not be construed as having created a custom in
any way or manner contrary to the specific terms, provisions, and covenants of this Lease or as having modified the same and
shall not be deemed a waiver of Landlord’s right to enforce one or more of its rights in connection with any subsequent
default. A receipt by Landlord of Rent or other payment with knowledge of the breach of any covenant hereof shall not be
deemed a waiver of such breach, and no waiver by Landlord of any provision of this Lease shall be deemed to have been made
unless expressed in writing and signed by Landlord. To the greatest extent permitted by law, Tenant waives the service of
notice of Landlord’s intention to re-enter, re-take or otherwise obtain possession of the Premises as provided in any statute,
or to institute legal proceedings to that end, and also waives all right of redemption in case Tenant shall be dispossessed
by a judgment or by warrant of any court or judge. Any reletting of the Premises or any portion thereof shall be on such
terms and conditions as Landlord in its sole discretion may determine. Landlord shall not be liable for, nor
shall Tenant’s obligations hereunder be diminished because of, Landlord’s failure to relet the Premises or
collect rent due in respect of such reletting or otherwise to mitigate any damages arising by reason of Tenant’s
Default.


 


22.         Assignment
and Subletting.


 


(a)         General
Prohibition.  Without Landlord’s prior written consent subject to and on the conditions described in this Section
22, Tenant shall not, directly or indirectly, voluntarily or by operation of law, assign this Lease or sublease the Premises
or any part thereof or mortgage, pledge, or hypothecate its leasehold interest or grant any concession or license within the Premises,
and any attempt to do any of the foregoing shall be void and of no effect. If Tenant is a corporation, partnership or limited
liability company, the shares or other ownership interests thereof which are not actively traded upon a stock exchange or in the
over-the-counter market, a transferor series of transfers whereby 25% or more of the issued and outstanding shares or other ownership
interests of such corporation are, or voting control is, transferred (but excepting transfers upon deaths of individual owners)
from a person or persons or entity or entities which were owners thereof at time of execution of this Lease to persons or entities
who were not owners of shares or other ownership interests of the corporation, partnership or limited liability company at time
of execution of this Lease, shall be deemed an assignment of this Lease requiring the consent of Landlord as provided in this
Section 22.


 




    	



    	 



    

 


	Multi-Tenant Laboratory	1616 Eastlake/Atossa Genetics - Page 13


 


(b)          Permitted
Transfers. If Tenant desires to assign, sublease, hypothecate or otherwise transfer this Lease or sublet the Premises, then
at least 15 business days, but not more than 45 business days, before the date Tenant desires the assignment or sublease to be
effective (the “Assignment Date”), Tenant shall give Landlord a notice (the “Assignment Notice”)
containing such information about the proposed assignee or sublessee, including the proposed use of the Premises and any Hazardous
Materials proposed to be used, stored handled, treated, generated in or released or disposed of from the Premises, the Assignment
Date, any relationship between Tenant and the proposed assignee or sublessee, and all material terms and conditions of the proposed
assignment or sublease, including a copy of any proposed assignment or sublease in its final form, and such other information as
Landlord may deem reasonably necessary or appropriate to its consideration whether to grant its consent. Landlord may, by giving
written notice to Tenant within 15 business days after receipt of the Assignment Notice: (i) grant such consent, (ii) refuse such
consent, in its sole and absolute discretion, if the proposed assignment, hypothecation or other transfer or subletting concerns
more than (together with all other then effective subleases) 50% of the Premises, (iii) refuse such consent, in its reasonable
discretion, if the proposed subletting concerns (together with all other then effective subleases) 50% or less of the Premises (provided
that Landlord shall further have the right to review and approve or disapprove the proposed form of sublease prior to the effective
date of any such subletting), or (iv) terminate this Lease with respect to the space described in the Assignment Notice as of the
Assignment Date (an “Assignment Termination”). If Landlord delivers notice of its election to exercise an Assignment
Termination, Tenant shall have the right to withdraw such Assignment Notice by written notice to Landlord of such election within
5 business days after Landlord’s notice electing to exercise the Assignment Termination. If Tenant withdraws such Assignment Notice,
this Lease shall continue in full force and effect. If Tenant does not withdraw such Assignment Notice, this Lease, and the term
and estate herein granted, shall terminate as of the Assignment Date with respect to the space described in such Assignment Notice.
No failure of Landlord to exercise any such option to terminate this Lease, or to deliver a timely notice in response to the Assignment
Notice, shall be deemed to be Landlord’s consent to the proposed assignment, sublease or other transfer. Tenant shall pay to Landlord
a fee equal to One Thousand Five Hundred Dollars ($1,500) in connection with its consideration of any Assignment Notice and/or
its preparation or review of any consent documents.


 


(c)          Additional
Conditions. As a condition to any such assignment or subletting, whether or not Landlord’s consent is required, Landlord
may require that any assignee or subtenant agree, in writing at the time of such assignment or subletting, that if Landlord gives
such party notice that Tenant is in default under this Lease, such party shall thereafter make all payments otherwise due Tenant
directly to Landlord, which payments will be received by landlord without any liability except to credit such payment against
those due under the Lease, and any such third party shall agree to attorn to Landlord or its successors and assigns should this
Lease be terminated for any reason; provided, however, in no event shall Landlord or its successors or assigns be
obligated to accept such attornment.


 


(d)         No
Release of Tenant, Sharing of Excess Rents. Notwithstanding any assignment or subletting, Tenant and any guarantor or surety
of Tenant’s obligations under this Lease shall at all times remain fully and primarily responsible and liable for the payment
of Rent and for compliance with all of Tenant’s other obligations under this Lease. If the Rent due and payable by a sublessee
or assignee (or a combination of the rental payable under such sublease or assignment plus any bonus or other consideration therefor
or incident thereto in any form) exceeds the rental payable under this Lease, (excluding however, any Rent payable under this
Section) (“Excess Rent”), then Tenant shall be bound and obligated to pay Landlord as Additional Rent hereunder
50% of such Excess Rent within 10 days following receipt thereof by Tenant. If Tenant shall sublet the Premises or any part thereof,
Tenant hereby immediately and irrevocably assigns to Landlord, as security for Tenant’s obligations under this Lease, all
rent from any such subletting, and Landlord as assignee and as attorney-in-fact for Tenant, or a receiver for Tenant appointed
on Landlord’s application, may collect such rent and apply it toward Tenant’s obligations under this Lease; except
that, until the occurrence of a Default, Tenant shall have the right to collect such rent.


 




    	



    	 



    

 


	Multi-Tenant Laboratory	1616 Eastlake/Atossa Genetics - Page 14


 


(e)          No Waiver. The consent
by Landlord to an assignment or subletting shall not relieve Tenant or any assignees of this Lease or any sublessees of the Premises
from obtaining the consent of Landlord to any further assignment or subletting nor shall it release Tenant or any assignee or sublessee
of Tenant from full and primary liability under the Lease. The acceptance of Rent hereunder, or the acceptance of performance of
any other term, covenant, or condition thereof, from any other person or entity shall not be deemed to be a waiver of any of the
provisions of this Lease or a consent to any subletting, assignment or other transfer of the Premises.


 


(f)          Prior
Conduct of Proposed Transferee. Notwithstanding any other provision of this Section 22, if (i) the proposed assignee
or sublessee of Tenant has been required by any prior landlord, lender or Governmental Authority to take remedial action in connection
with Hazardous Materials contaminating a property, where the contamination resulted from such party’s action or use of
the property in question, (ii) the proposed assignee or sublessee is subject to an enforcement order issued by any Governmental
Authority in connection with the use, storage, handling, treatment, generation, release or disposal of Hazardous Materials (including,
without limitation, any order related to the failure to make a required reporting to any Governmental Authority), or (iii) because
of the existence of a pre-existing environmental condition in the vicinity of or underlying the Project, the risk that Landlord
would be targeted as a responsible party in connection with the remediation of such pre-existing environmental condition would
be materially increased or exacerbated by the proposed use of Hazardous Materials by such proposed assignee or sublessee, Landlord
shall have the absolute right to refuse to consent to any assignment or subletting to any such party.


 


23.         Estoppel
Certificate. Tenant shall, within 10 business days of written notice from Landlord, execute, acknowledge and deliver a statement
in writing in any form reasonably requested by a proposed lender or purchaser, (i) certifying that this Lease is unmodified and
in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so modified
is in full force and effect) and the dates to which the rental and other charges are paid in advance, if any, (ii) acknowledging
that there are not any uncured defaults on the part of Landlord hereunder, or specifying such defaults if any are claimed, and
(iii) setting forth such further information with respect to the status of this Lease or the Premises as may be requested thereon.
Any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the real property of
which the Premises are a part. Tenant’s failure to deliver such statement within such time shall, at the option of Landlord, constitute
a Default under this Lease, and, in any event, shall be conclusive upon Tenant that the Lease is in full force and effect and without
modification except as may be represented by Landlord in any certificate prepared by Landlord and delivered to Tenant for execution.


 


24.         Quiet
Enjoyment. So long as Tenant is not in Default under this Lease, Tenant shall, subject to the terms of this Lease, at all
times during the Term, have peaceful and quiet enjoyment of the Premises against any person claiming by, through or under Landlord.


 


25.         Prorations.
All prorations required or permitted to be made hereunder shall be made on the basis of a 360 day year and 30 day months.


 


26.         Rules
and Regulations. Tenant shall, at all times during the Term and any extension thereof, comply with all reasonable rules and
regulations at any time or from time to time established by Landlord covering use of the Premises and the Project. The current
rules and regulations are attached hereto as Exhibit E. If there is any conflict between said rules and regulations and
other provisions of this Lease, the terms and provisions of this Lease shall control. Landlord shall not have any liability or
obligation for the breach of any rules or regulations by other tenants in the Project and shall not enforce such rules and regulations
in a discriminatory manner.


 




    	



    	 



    

  


	Multi-Tenant Laboratory	1616 Eastlake/Atossa Genetics - Page 15


 


27.         Subordination.
This Lease and Tenant’s interest and rights hereunder are hereby made and shall be subject and subordinate at all times
to the lien of any Mortgage now existing or hereafter created on or against the Project or the Premises, and all amendments,
restatements, renewals, modifications, consolidations, refinancing, assignments and extensions thereof, without the necessity
of any further instrument or act on the part of Tenant; provided, however that so long as there is no Default hereunder,
Tenant’s right to possession of the Premises shall not be disturbed by the Holder of any such Mortgage. Tenant agrees, at
the election of the Holder of any such Mortgage, to attorn to any such Holder. Tenant agrees upon demand to execute, acknowledge
and deliver such instruments, confirming such subordination, and such instruments of attornment as shall be requested by any such
Holder, provided any such instruments contain appropriate non-disturbance provisions assuring Tenant’s quiet enjoyment of
the Premises as set forth in Section 24 hereof. Tenant hereby appoints Landlord attorney-in-fact for Tenant irrevocably
(such power of attorney being coupled with an interest) to execute, acknowledge and deliver any such instrument and instruments
for and in the name of Tenant and to cause any such instrument to be recorded. Notwithstanding the foregoing, any such Holder
may at any time subordinate its Mortgage to this Lease, without Tenant’s consent, by notice in writing to Tenant, and thereupon
this Lease shall be deemed prior to such Mortgage without regard to their respective dates of execution, delivery or recording
and in that event such Holder shall have the same rights with respect to this Lease as though this Lease had been executed prior
to the execution, delivery and recording of such Mortgage and had been assigned to such Holder. The term “Mortgage”
whenever used in this Lease shall be deemed to include deeds of trust, security assignments and any other encumbrances, and any
reference to the “Holder” of a Mortgage shall be deemed to include the beneficiary under a deed of trust.


 


28.         Surrender.
Upon the expiration of the Term or earlier termination of Tenant’s right of possession, Tenant shall surrender the Premises
to Landlord in the same condition as received, subject to any Alterations or Installations permitted by Landlord to remain in the
Premises, free of Hazardous Materials brought upon, kept, used, stored, handled, treated, generated in, or released or disposed
of from, the Premises by any person other than a Landlord Party, broom clean, ordinary wear and tear and casualty loss and condemnation
covered by Sections 18 and 19 excepted.


 


Tenant shall
immediately return to Landlord all keys and/or access cards to parking, the Project, restrooms or all or any portion of the Premises
furnished to or otherwise procured by Tenant. If any such access card or key is lost, Tenant shall pay to Landlord, at Landlord’s
election, either the cost of replacing such lost access card or key or the cost of reprogramming the access security system in
which such access card was used or changing the lock or locks opened by such lost key. Any Tenant’s Property, Alterations
and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and
disposed of by Landlord at Tenant’s expense, and Tenant waives all claims against Landlord for any damages resulting from
Landlord’s retention and/or disposition of such property. All obligations of Tenant hereunder not fully performed as of the
termination of the Term, including the obligations of Tenant under Section 30 hereof, shall survive the expiration or earlier
termination of the Term, including, without limitation, indemnity obligations, payment obligations with respect to Rent and obligations
concerning the condition and repair of the Premises.


 


29.         Waiver
of Jury Trial. TO THE EXTENT PERMITTED BY LAW, TENANT AND LANDLORD WAIVE ANY RIGHT TO TRIAL BY JURY OR TO HAVE A JURY PARTICIPATE
IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE, BETWEEN LANDLORD AND TENANT ARISING OUT OF THIS LEASE
OR ANY OTHER INSTRUMENT, DOCUMENT, OR AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS RELATED HERETO.


 




    	



    	 



    

 


	Multi-Tenant Laboratory	1616 Eastlake/Atossa Genetics - Page 16


 


30.         Environmental
Requirements.


 


(a)          Prohibition/Compliance.
Except for Hazardous Material contained in products customarily used by tenants in de minimis quantities for ordinary cleaning
and office purposes, Tenant shall not permit or cause any party to bring any Hazardous Material upon the Premises or the Project
or use, store, handle, treat, generate, manufacture, transport, release or dispose of any Hazardous Material in, on or from the
Premises or the Project without Landlord’s prior written consent which may be withheld in Landlord’s sole discretion.
Tenant, at its sole cost and expense, shall operate its business in the Premises in strict compliance with all Environmental Requirements
and shall remove or remediate in a manner satisfactory to Landlord any Hazardous Materials released on or from the Project by Tenant
or any Tenant Party. Tenant shall complete and certify disclosure statements as requested by Landlord from time to time relating
to Tenant’s use, storage, handling, treatment, generation, manufacture, transportation, release or disposal of Hazardous
Materials on or from the Premises. The term “Environmental Requirements” means all applicable present and future
statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any Governmental Authority regulating
or relating to health, safety, or environmental conditions on, under, or about the Premises or the Project, or the environment,
including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource
Conservation and Recovery Act; and all state and local counterparts thereto, and any regulations or policies promulgated or issued
thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or
contaminant listed or defined as hazardous or toxic, or regulated by reason of its impact or potential impact on humans, animals
and/or the environment under any Environmental Requirements, asbestos and petroleum, including crude oil or any fraction thereof,
natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas).
As defined in Environmental Requirements, Tenant is and shall be deemed to be the “operator” of Tenants “facility”
and the “owner” of all Hazardous Materials brought on the Premises by Tenant or any Tenant Party, and the wastes,
by-products, or residues generated, resulting, or produced therefrom.


 


(b)          Indemnity.
Tenant hereby indemnifies and shall defend and hold Landlord, its officers, directors, employees, agents and contractors harmless
from any and all actions (including, without limitation, remedial or enforcement actions of any kind, administrative or judicial
proceedings, and orders or judgments arising out of or resulting therefrom), costs, claims, damages (including, without limitation,
punitive damages and damages based upon diminution in value of the Premises or the Project, or the loss of, or restriction on,
use of the Premises or any portion of the Project), expenses (including, without limitation, attorneys’, consultants’
and experts’ fees, court costs and amounts paid in settlement of any claims or actions), fines, forfeitures or other civil,
administrative or criminal penalties, injunctive or other relief (whether or not based upon personal injury, property damage,
or contamination of, or adverse effects upon, the environment, water tables or natural resources), liabilities or losses (collectively,
“Environmental Claims”) which arise during or after the Term as a result of such contamination. This indemnification
of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or
any cleanup, remedial, removal, or restoration work required by any federal, state or local Governmental Authority because of
Hazardous Materials present in the air, soil or ground water above, on, or under the Premises. Without limiting the foregoing,
if the presence of any Hazardous Materials on the Premises, the Project or any adjacent property caused or permitted by Tenant
or any Tenant Party results in any contamination of the Premises, the Project or any adjacent property, Tenant shall promptly
take all actions at its sole expense and in accordance with applicable law as are necessary to return the Premises, the Project
or any adjacent property to the condition existing prior to the time of such contamination, provided that Landlord’s approval
of such action shall first be obtained, which approval shall not unreasonably be withheld so long as such actions would not potentially
have any material adverse long-term or short-term effect on the Premises or the Project.


 


(c)          Landlord’s
Tests. Landlord shall have access to, and a right to perform inspections and tests of, the Premises to determine Tenant’s compliance
with Environmental Requirements, its obligations under this Section 30, or the environmental condition of the Premises
or the Project. In connection with such testing, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant
such non-proprietary information concerning the use of Hazardous Materials in or about the Premises by Tenant or any Tenant Party.
Access shall be granted to Landlord upon Landlord’s prior notice to Tenant and at such times so as to minimize, so far as
may be reasonable under the circumstances, any disturbance to Tenant’s operations. Such inspections and tests shall be conducted
at Landlord’s expense, unless such inspections or tests reveal that Tenant has not complied with any Environmental Requirement,
in which case Tenant shall reimburse Landlord for the reasonable cost of such inspection and tests. Tenant shall, at its sole
cost and expense, promptly and satisfactorily remediate any environmental conditions identified by such testing in accordance
with all Environmental Requirements. Landlord’s receipt of or satisfaction with any environmental assessment in no way waives
any rights that Landlord may have against Tenant.


 




    	



    	 



    

 


	Multi-Tenant Laboratory	1616 Eastlake/Atossa Genetics - Page 17


 


(a)          Tenant’s
Obligations. Tenant’s obligations under this Section 30 shall survive the expiration or earlier termination of
the Lease. During any period of time after the expiration or earlier termination of this Lease required by Tenant or Landlord
to complete the removal from the Premises of any Hazardous Materials (including, without limitation, the release and termination
of any licenses or permits restricting the use of the Premises and the completion of the approved Surrender Plan), Tenant shall
continue to pay the full Rent in accordance with this Lease for any portion of the Premises not relet by Landlord in Landlord’s
sole discretion, which Rent shall be prorated daily.


 


31.         Tenant’s
Remedies/Limitation of Liability. Landlord shall not be in default hereunder unless Landlord fails to perform any of its obligations
hereunder within 30 days after written notice from Tenant specifying such failure (unless such performance will, due to the nature
of the obligation, require a period of time in excess of 30 days, then after such period of time as is reasonably necessary).
Upon any default by Landlord, Tenant shall give notice by registered or certified mail to any Holder of a Mortgage covering the
Premises and to any landlord of any lease of property in or on which the Premises are located and Tenant shall offer such Holder
and/or landlord a reasonable opportunity to cure the default, including time to obtain possession of the Project by power of sale
or a judicial action if such should prove necessary to effect a cure; provided Landlord shall have furnished to Tenant
in writing the names and addresses of all such persons who are to receive such notices. All obligations of Landlord hereunder
shall be construed as covenants, not conditions; and, except as may be otherwise expressly provided in this Lease, Tenant may
not terminate this Lease for breach of Landlord’s obligations hereunder.


 


All obligations of
Landlord under this Lease will be binding upon Landlord only during the period of its ownership of the Premises and not thereafter.
The term “Landlord” in this Lease shall mean only the owner for the time being of the Premises. Upon the transfer
by such owner of its interest in the Premises, such owner shall thereupon be released and discharged from all obligations of Landlord
thereafter accruing, but such obligations shall be binding during the Term upon each new owner for the duration of such owner’s
ownership.


 


32.         Inspection
and Access. Landlord and its agents, representatives, and contractors may enter the Premises at any reasonable time to
inspect the Premises and to make such repairs as may be required or permitted pursuant to this Lease and for any other
business purpose. Landlord and Landlord’s representatives may enter the Premises during business hours on not less than
48 hours advance written notice (except in the case of emergencies in which case no such notice shall be required an such entry
may be a any time or the purpose of effecting any such repairs, inspecting the Premises, showing the Premises to prospective
purchasers and, during the last year of the Term, to prospective tenants or for any other business purpose. Landlord may
erect a suitable sign on the Premises stating the Premises are available to let or that the Project is available for sale.
Landlord may grant easements, make public dedications, designate Common Areas and create restrictions on or about the
Premises, provided that no such easement, dedication, designation or restriction materially, adversely affects
Tenant’s use or occupancy of the Premises for the Permitted Use. At Landlord’s request, Tenant shall execute such
instruments as may be necessary for such easements, dedications or restrictions. Tenant shall at all times, except in the
case of emergencies, have the right to escort Landlord or its agents, representatives, contractors or guests While the Same
are in the Premises, provided such escort does not materially and adversely affect Landlord’s access rights
hereunder.


 


33.         Security.
Tenant acknowledges and agrees that security devices and services, if any, while intended to deter crime may not in given instances
prevent theft or other criminal acts and that Landlord is not providing any security services with respect to the Premises. Tenant
agrees that Landlord shall not be liable to Tenant for, and Tenant waives any claim against Landlord with respect to, any loss
by theft or any other damage suffered or incurred by Tenant in connection with any unauthorized entry into the Premises or any
other breach of security with respect to the Premises. Tenant shall be solely responsible for the personal safety of Tenant’s
officers, employees, agents, contractors, guests and invitees while any such person is in, on or about the Premises and/or the
Project.  Tenant shall at Tenant’s cost obtain insurance coverage to the extent Tenant desires protection against such
criminal acts.


 




    	



    	 



    

 


	Multi-Tenant Laboratory	1616 Eastlake/Atossa Genetics - Page 18


 


34.         Force
Majeure. Landlord shall not be responsible or liable for delays in the performance of its obligations hereunder when caused
by, related to, or arising out of acts of God, sinkholes or subsidence, strikes, lockouts, or other labor disputes, embargoes,
quarantines, weather, national, regional, or local disasters, calamities, or catastrophes, inability to obtain labor or materials
(or reasonable substitutes therefor) at reasonable costs or failure of, or inability to obtain, utilities necessary for performance,
governmental restrictions, orders, limitations, regulations, or controls, national emergencies, delay in issuance or revocation
of permits, enemy or hostile governmental action, terrorism, insurrection, riots, civil disturbance or commotion, fire or other
casualty, and other causes or events beyond the reasonable control of Landlord (“Force Majeure”).


 


35.         Brokers.
Landlord and Tenant each represents and warrants that it has not dealt with any broker, agent or other person (collectively, “Broker”)
in connection with this transaction and that no Broker brought about this transaction, other than Flinn Ferguson, which represents
Tenant. Landlord and Tenant each hereby agrees to indemnify and hold the other harmless from and against any claims by any Broker,
other than the broker named in this Section 35, claiming a commission or other form of compensation by virtue of having
dealt with Tenant or Landlord, as applicable, with regard to this leasing transaction.


 


36.         Limitation
on Landlord’s Liability. NOTWITHSTANDING Anything SET FORTH HEREIN OR
IN ANY OTHER AGREEMENT BETWEEN LANDLORD AND TENANT TO THE CONTRARY: (A) LANDLORD SHALL NOT BE LIABLE TO TENANT OR ANY OTHER PERSON
FOR (AND TENANT AND EACH SUCH OTHER PERSON ASSUME ALL RISK OF) LOSS, DAMAGE OR INJURY, WHETHER ACTUAL OR CONSEQUENTIAL TO: TENANTS
PERSONAL PROPERTY OF EVERY KIND AND DESCRIPTION, INCLUDING, WITHOUT LIMITATION TRADE FIXTURES, EQUIPMENT, INVENTORY, SCIENTIFIC
RESEARCH, SCIENTIFIC EXPERIMENTS, LABORATORY ANIMALS, PRODUCT, SPECIMENS, SAMPLES, AND/OR SCIENTIFIC, BUSINESS, ACCOUNTING AND
OTHER RECORDS OF EVERY KIND AND DESCRIPTION KEPT AT THE PREMISES AND ANY AND ALL INCOME DERIVED OR DERIVABLE THEREFROM; (B) THERE
SHALL BE NO PERSONAL RECOURSE TO LANDLORD FOR ANY ACT OR OCCURRENCE IN, ON OR ABOUT THE PREMISES OR ARISING IN ANY WAY UNDER THIS
LEASE OR ANY OTHER AGREEMENT BETWEEN LANDLORD AND TENANT WITH RESPECT TO THE SUBJECT MATTER HEREOF AND ANY LIABILITY OF LANDLORD
HEREUNDER SHALL BE STRICTLY LIMITED SOLELY TO LANDLORD’S AND ANY INSURANCE PROCEEDS PAYABLE IN RESPECT OF LANDLORD’S
INTEREST IN THE PROJECT OR IN CONNECTION WITH ANY SUCH LOSS; AND (C) IN NO EVENT SHALL ANY PERSONAL LIABILITY BE ASSERTED AGAINST
LANDLORD IN CONNECTION WITH THIS LEASE NOR SHALL ANY RECOURSE BE HAD TO ANY OTHER PROPERTY OR ASSETS OF LANDLORD OR ANY OF LANDLORD’S
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS. UNDER NO CIRCUMSTANCES SHALL LANDLORD OR ANY OF LANDLORD’S OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS BE LIABLE FOR INJURY TO TENANT’S BUSINESS OR FOR ANY LOSS OF INCOME OR PROFIT THEREFROM.


 


37.         Severability.
If any clause or provision of this Lease is illegal, invalid or unenforceable under present or future laws, then and in that event,
it is the intention of the parties hereto that the remainder of this Lease shall not be affected thereby. It is also the intention
of the parties to this Lease that in lieu of each clause or provision of this Lease that is illegal, invalid or unenforceable,
there be added, as a part of this Lease, a clause or provision as similar in effect to such illegal, invalid or unenforceable
clause or provision as shall be legal, valid and enforceable.


 


38.         Signs;
Exterior Appearance. Tenant shall not, without the prior written consent of Landlord, which may be granted or withheld in
Landlord’s sole discretion: (i) attach any awnings, exterior lights, decorations, balloons,· flags, pennants, banners,
painting or other projection to any outside wall of the Project, (ii) use any curtains, blinds, shades or screens other than Landlord’s
standard window coverings, (iii) coat or otherwise sunscreen the interior or exterior of any windows, (iv) place any bottles,
parcels, or other articles on the window sills, (v) place any equipment, furniture or other items of personal property on any
exterior balcony, or (vi) paint, affix or exhibit on any part of the Premises or the Project any signs, notices, window or door
lettering, placards, decorations, or advertising media of any type which can be viewed from the exterior of the Premises. Interior
signs on doors and the directory tablet shall be inscribed, painted or affixed for Tenant by Landlord at the sole cost and expense
of Tenant, and shall be of a size, color and type acceptable to Landlord. Nothing may be placed on the exterior of corridor walls
or corridor doors other than Landlord’s standard lettering. The directory tablet shall be provided exclusively for the display
of the name and location of tenants.


 




    	



    	 



    

 


	Multi-Tenant Laboratory	1616 Eastlake/Atossa Genetics - Page 19


 





39.         Landlord’s
Right to Relocate Tenant. Landlord shall have the right to relocate Tenant, upon 90 days’ prior written notice, from
all or part of the Premises to another area in the Project designated by Landlord (the “Relocation Premises”),
provided that: (a) the size of the Relocation Premises is at least equal to the size of the Premises; and, (b) Landlord pays the
reasonable costs of moving Tenant and improving the Relocation Premises to a substantially similar standard as that of the Premises,
and reimburses Tenant for all reasonable costs directly incurred by Tenant as a result of relocation, including without limitation
all costs incurred by Tenant replacing Tenant’s letterhead, promotional materials, business cards and similar items. Tenant
shall cooperate with Landlord in all reasonable ways to facilitate relocation.


 


40.         Miscellaneous.


 


(a)          Notices.
All notices or other communications between the parties shall be in writing and shall be deemed duly given upon delivery or refusal
to accept delivery by the addressee thereof if delivered in person, or upon actual receipt if delivered by reputable overnight
guaranty courier, addressed and sent to the parties at their addresses set forth above. Landlord and Tenant may from time to time
by written notice to the other designate another address for receipt of future notices.


 


(b)          Joint
and Several Liability. If and when included within the term “Tenant,” as used in this instrument, there
is more than one person or entity, each shall be jointly and severally liable for the obligations of Tenant.


 


(c)          Financial
Information. Tenant shall furnish Landlord with true and complete copies of (i) Tenant’s most recent audited
annual financial statements within 90 days of the end of each of Tenant’s fiscal years during the Term, (ii)
Tenant’s most recent unaudited quarterly financial statements within 45 days of the end of each of Tenant’s first
three fiscal quarters of each of Tenant’s fiscal years during the Term, (iii) at Landlord’s request from time to
time, updated business plans, including cash flow projections and/or pro forma balance sheets and income statements, all of
which shall be treated by Landlord as confidential information belonging to Tenant, (iv) corporate brochures and/or profiles
prepared by Tenant for prospective investors, and (v) any other financial information or summaries that Tenant typically
provides to its lenders or shareholders.


 


(d)          Recordation.
Neither this Lease nor a memorandum of lease shall be filed by or on behalf of Tenant in any public record. Landlord may prepare
and file, and upon request by Landlord Tenant will execute, a memorandum of lease.


 


(e)          Interpretation.
The normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be
employed in the interpretation of this Lease or any exhibits or amendments hereto. Words of any gender used in this Lease shall
be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless
the context otherwise requires. The captions inserted in this Lease are for convenience only and in no way define, limit or otherwise
describe the scope or intent of this Lease, or any provision hereof, or in any way affect the interpretation of this Lease.


 


(f)          Not
Binding Until Executed. The submission by Landlord to Tenant of this Lease shall have no binding force or effect, shall not
constitute an option for the leasing of the Premises, nor confer any right or impose any obligations upon either party until execution
of this Lease by both parties.


 




    	



    	 



    

 


	Multi-Tenant Laboratory	1616 Eastlake/Atossa Genetics - Page 20


 


(g)          Limitations
on Interest. It is expressly the intent of Landlord and Tenant at all times to comply with applicable law governing the maximum
rate or amount of any interest payable on or in connection  with  this  Lease. If applicable  law
is  ever judicially interpreted  so  as  to  render  usurious  any
interest called for under this Lease, or contracted for, charged, taken, reserved, or received with respect to this Lease, then
it is Landlord’s and Tenants express intent that all excess amounts theretofore collected by Landlord be credited on the
applicable obligation (or, if the obligation has been or would thereby be paid in full, refunded to Tenant), and the provisions
of this Lease immediately shall be deemed reformed and the amounts thereafter collectible hereunder reduced, without the necessity
of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest
amount otherwise called for hereunder.


 


(h)         Choice
of Law. Construction and interpretation of this Lease shall be governed by the internal laws of the state in which the Premises
are located, excluding any principles of conflicts of laws.


 


(i)          Time.
Time is of the essence as to the performance of Tenants obligations under this Lease.


 


(j)          OFAC.
Tenant, and all beneficial owners of Tenant, are currently (a) in compliance with and shall at all times during the Term of this
Lease remain in compliance with the regulations of the Office of Foreign Assets Control (“OFAC”) of the U.S.
Department of Treasury and any statute, executive order, or regulation relating thereto (collectively, the “OFAC Rules”),
(b) not listed on, and shall not during the term of this Lease be listed on, the Specially Designated Nationals and Blocked Persons
List maintained by OFAC and/or on any other similar list maintained by OFAC or other governmental authority pursuant to any authorizing
statute, executive order, or regulation, and (c) not a person or entity with whom a U.S. person is prohibited from conducting business
under the OFAC Rules.


 


(k)          Incorporation
by Reference. All exhibits and addenda attached hereto are hereby incorporated into this Lease and made a part hereof. If
there is any conflict between such exhibits or addenda and the terms of this Lease, such exhibits or addenda shall control.


 


(I)          Entire
Agreement. This Lease, including the exhibits attached hereto, constitutes the entire agreement between Landlord and Tenant
pertaining to the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, letters of intent,
negotiations and discussions, whether oral or written, of the parties, and there are no warranties, representations or other agreements,
express or implied, made to either Party by the other party in connection with the Subject matter hereof except as specifically
set forth herein.


 


(m)         No
Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the monthly installment of Base
Rent or any Additional Rent will be other than on account of the earliest stipulated Base Rent and Additional Rent, nor will any
endorsement or statement on any check or letter accompanying a check for payment of any Base Rent or Additional Rent be an accord
and satisfaction. Landlord may accept such check or payment without prejudice to Landlord’s right to recover the balance
of such Rent or to pursue any other remedy provided in this Lease.


 


(n)          Hazardous
Activities. Notwithstanding any other provision of this Lease, Landlord, for itself and its employees, agents and contractors,
reserves the right to refuse to perform any repairs or services in any portion of the Premises Which, pursuant to Tenant’s
routine safety guidelines, practices or custom or prudent industry practices, require any form of protective clothing or equipment
other than safety glasses. In any such case, Tenant shall contract with parties who are acceptable to Landlord, in Landlord’s
reasonable discretion, for all such repairs and services.


 


[Signatures are on the next page]


 




    	



    	 



    

 


	Multi-Tenant Laboratory	1616 Eastlake/Atossa Genetics - Page 21


  


IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease as of the day and year first above written.


 


	 	TENANT:
	 	 
	 	ATOSSA GENETICS, INC.,
	 	a Delaware corporation
	 	 	 
	 	By:	/s/ Kyle Guse
	 	Its:	CFO
	 	 	 
	 	LANDLORD:
	 	 
	 	ARE-EASTLAKE AVENUE NO. 3, LLC,
	 	a Delaware limited liability company
	 	 	 	 	 
	 	By:	ALEXANDRIA REAL ESTATE EQUITIES, L.P.,
	 	 	a Delaware limited partnership,
	 	 	managing member
	 	 	 	 	 
	 	 	By:	ARE-QRS CORP.,
	 	 	 	a Maryland corporation,
	 	 	 	general partner
	 	 	 	 	 
	 	 	 	 	 
	 	 	 	By:	/s/ Jennifer Pappas
	 	 	 	Its:	SVP - General Counsel


 




    	



    	 



    

 


	 	1616 Eastlake/Atossa Genetics - Page 1


 


EXHIBIT A TO LEASE 


 


DESCRIPTION OF PREMISES


 





 




    	



    	 



    

 





		1616 Eastlake/Atossa Genetics - Page 1


 


EXHIBIT B TO LEASE


 


DESCRIPTION OF PROJECT


 


LOTS 1 THROUGH 12, BLOCK 5,
HILTON ADDITION TO THE CITY OF SEATTLE, RECORDED IN VOLUME 3 OF PLATS, PAGE 157, RECORDS OF KING COUNTY, WASHINGTON STATE.


 


EXCEPT THAT PORTION DESCRIBED AS
FOLLOWS:


 


BEGINNING AT THE SOUTHWEST CORNER
OF LOT 7 OF SAID BLOCK 5, ALSO BEING THE POINT OF INTERSECTION OF THE NORTH MARGIN OF EAST GARFIELD STREET AND THE EAST MARGIN
OF EASTLAKE AVENUE EAST;


THENCE NORTH 14°
23’ 17” EAST, ALONG SAID EAST MARGIN AND WEST LINE OF LOTS 7 THROUGH 9, 1586.37 FEET;


THENCE SOUTH 89°
35’ 19” EAST, 86.49 FEET;


THENCE SOUTH 14° 18’
27” WEST 158.29 FEET TO A POINT ON SAID NORTH MARGIN AND THE SOUTH LINE OF SAID LOT 7;


THENCE NORTH 09° 36’
31” WEST, ALONG SAID NORTH MARGIN AND SAID SOUTH LINE, 86.72 FEET TO THE TRUE POINT OF BEGINNING.


 


(ALSO KNOWN AS PARCEL B OF
CITY OF SEATTLE LOT BOUNDARY ADJUSTMENT NO. 2008942, RECORDED UNDER RECORDING NUMBER 20010619900005 AND AMENDMENT THERETO
RECORDED UNDER RECORDING NUMBER 2001073090001..)


 


TOGETHER WITH THOSE CERTAIN NON-EXCLUSIVE
EASEMENT RIGHTS FOR UNDERGROUND UTILITIES, INCLUDING WITHOUT LIMITATION A STORM DRAINAGE EASEMENT FOR DISCHARGE OF STORMWATER,
AS SET FORTH IN DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS RECORDED UNDER RECORDING NUMBER 20010731001901.


 




    	



    	 



    

 


1616 Eastlake/Atossa Genetics - Page 1


 


EXHIBIT C TO LEASE


 


INTENTIONALLY OMITTED


 




    	



    	 



    

  


	Rules and Regulations 	1616 Eastlake/Atossa Genetics - Page 1


 


EXHIBIT E TO LEASE


 


Rules and Regulations


 


1.           
The sidewalk, entries, and driveways of the Project shall not be obstructed by Tenant, or any Tenant Party, or used by them for
any purpose other than ingress and egress to and from the Premises.


 


2.           
Tenant shall not place any objects, including antennas, outdoor furniture, etc., in the parking areas, landscaped areas or other
areas outside of its Premises, or on the roof of the Project.


 


3.           
Except for animals assisting the disabled, no animals shall be allowed in the offices, halls, or corridors in the Project.


 


4.           
Tenant shall not disturb the occupants of the Project or adjoining buildings by the use of any radio or musical instrument or by
the making of loud or improper noises.


 


5.           
If Tenant desires telegraphic, telephonic or other electric connections in the Premises, Landlord or its agent will direct the
electrician as to where and how the wires may be introduced; and, without such direction, no boring or cutting of wires will be
permitted. Any such installation or connection shall be made at Tenant’s expense.


 


6.           
Tenant shall not install or operate any steam or gas engine or boiler, or other mechanical apparatus in the Premises, except as
specifically approved in the Lease. The use of oil, gas or inflammable liquids for heating, lighting or any other purpose is expressly
prohibited. Explosives or other articles deemed extra hazardous shall not be brought into the Project.


 


7.           
Parking any type of recreational vehicles is specifically prohibited on or about the Project. Except for the overnight parking
of operative vehicles, no vehicle of any type shall be stored in the parking areas at any time. In the event that a vehicle is
disabled, it shall be removed within 48 hours. There shall be no “For Sale” or other advertising signs on or about
any parked vehicle. All vehicles shall be parked in the designated parking areas in conformity with all signs and other markings.
All parking will be open parking, and no reserved parking, numbering or lettering of individual spaces will be permitted except
as specified by Landlord.


 


8.           
Tenant shall maintain the Premises free from rodents, insects and other pests.


 


9.           
Landlord reserves the right to exclude or expel from the Project any person who, in the judgment of Landlord, is intoxicated or
under the influence of liquor or drugs or who shall in any manner do any act in violation of the Rules and Regulations of the Project.


 


10.         
Tenant shall not cause any unnecessary labor by reason of Tenant’s carelessness or indifference in the preservation of good
order and cleanliness. Landlord shall not be responsible to Tenant for any loss of property on the Premises, however occurring,
or for any damage done to the effects of Tenant by the janitors or any other employee or person.


 


11.         
Tenant shall give Landlord prompt notice of any defects in the water, lawn sprinkler, sewage, gas pipes, electrical lights and
fixtures, heating apparatus, or any other service equipment affecting the Premises.


 


12.         
Tenant shall not permit storage outside the Premises, including without limitation, outside storage of trucks and other vehicles,
or dumping of waste or refuse or permit any harmful materials to be placed in any drainage system or sanitary system in or about
the Premises.


 




    	



    	 



    

 


	Rules and Regulations 	1616 Eastlake/Atossa Genetics - Page 2


 


13.       
All moveable trash receptacles provided by the trash disposal firm for the Premises must be kept in the trash enclosure areas,
if any, provided for that purpose.


 


14.       
No auction, public or private, will be permitted on the Premises or the Project.


 


15.       
No awnings shall be placed over the windows in the Premises except with the prior written consent of Landlord.


 


16.       
The Premises shall not be used for lodging, sleeping or cooking or for any immoral or illegal purposes or for any purpose other
than that specified in the Lease. No gaming devices shall be operated in the Premises.


 


17.       
Tenant shall ascertain from Landlord the maximum amount of electrical current which can safely be used in the Premises, taking
into account the capacity of the electrical wiring in the Project and the Premises and the needs of other tenants, and shall not
use more than such safe capacity. Landlord’s consent to the installation of electric equipment shall not relieve Tenant from
the obligation not to use more electricity than such safe capacity.


 


18.       
Tenant assumes full responsibility for protecting the Premises from theft, robbery and pilferage.


 


19.       
Tenant shall not install or operate on the Premises any machinery or mechanical devices of a nature not directly related to Tenant’s
ordinary use of the Premises and shall keep all such machinery free of vibration, noise and air waves which may be transmitted
beyond the Premises.


 




    	



    	 



    

 


1616 Eastlake/Atossa
Genetics - Page 1


 





EXHIBIT F TO LEASE


 




TENANT’S PERSONAL PROPERTY


 


None.