LEASE AGREEMENT


 


THIS LEASE AGREEMENT
(this “Lease”) is made this 24 day of March, 2014, 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 Project, containing approximately 6,272 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:	Months 1 – 12:	$22,736.00per month
	 	Months 13 – 24:	$23,258.67 per month


 





Rentable
Area of Premises: 6,272 sq. ft.


 





	Rentable Area of Project: 168,708 sq. ft.	Tenant’s Share of Operating Expenses: 3.72%


 





Security
Deposit: $25,000.00


 


Base
Term:Beginning on the Commencement Date and ending 24 months from the first day of the first full month of the Term (as
defined in Section 2) hereof.


 








	Permitted Use:	 Research and development laboratory, related office and other 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 360


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.


 


2.            
Delivery; Acceptance of Premises; Commencement Date. The “Commencement Date” shall be the earlier
to occur of (i) December 1, 2014, or (ii) the day after the termination of the Fred Hutchinson Lease (as defined below), if the
Fred Hutchinson Lease terminates prior to November 30, 2014. 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.


 





	 



 









    	 



    	 



    

 








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Landlord and Tenant
acknowledge and agree that, as of the date hereof, the Premises is currently subject to that certain Lease Agreement now between
Landlord and Fred Hutchinson Cancer Research Center, a Washington non-profit corporation (“Fred Hutchinson”),
dated January 16, 2004 (as the same has been and may in the future may be amended, the “Fred Hutchinson Lease”).
Tenant agrees that Landlord has no obligation under this Lease prior to the Commencement Date. As of the date of this Lease, Tenant
occupies the Premises pursuant to that certain Sublease Agreement between Fred Hutchinson and Tenant dated as of December 9, 2011
(as the same has been and may in the future be amended, the “Fred Hutchinson Sublease”).


 


Except as otherwise
expressly set forth in this Lease: (i) Landlord shall have no obligation for any defects in the Premises; and (ii) Tenant’s
occupancy of the Premises pursuant to the terms of the Fred Hutchinson Sublease shall be conclusive evidence that Tenant accepts
the Premises in its “as-is” condition and that the Premises are in good condition.


 


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”): (i) commencing on the Commencement Date, Tenant’s Share of “Operating Expenses” (as defined
in Section 5), and (ii) 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.


 


4.            
Base Rent Adjustments. Base Rent shall be increased during the Term pursuant to the schedule set forth on page 1
of this Lease.


 


 





	 


 



    	 



    	 



    

 





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5.            
Operating Expense Payments. Landlord shall deliver to Tenant a written estimate of Operating Expenses for each calendar
year during the Term (the “Annual Estimate”), which may be revised by Landlord from time to time during such
calendar year. Commencing on the Commencement Date and continuing thereafter on the first day of each month during the Term, Tenant
shall pay Landlord an amount equal to 1/12th of Tenant’s Share of the Annual Estimate. Payments for any fractional calendar
month shall be prorated.


 


The term “Operating
Expenses” means all costs and expenses of any kind or description whatsoever incurred or accrued each calendar year by
Landlord with respect to the Project (including, without duplication, Taxes (as defined in Section 9), reasonable reserves
consistent with good business practice for future repairs and replacements, capital repairs and improvements amortized over the
lesser of 7 years and the useful life of such capital items, and the costs of Landlord’s third party property manager or,
if there is no third party property manager, administration rent in the amount of 2.5% of Base Rent, excluding only:


 


(a)          
the original construction costs of the Project and renovation prior to the date of the Lease and costs of correcting defects
in such original construction or renovation;


 


(b)          
capital expenditures for expansion of the Project;


 


(c)          
interest, principal payments of Mortgage (as defined in Section 27) debts of Landlord, financing costs and amortization
of funds borrowed by Landlord, whether secured or unsecured;


 


(d)          
depreciation of the Project (except for capital improvements, the cost of which are includable in Operating Expenses);


 


(e)          
advertising, legal and space planning expenses and leasing commissions and other costs and expenses incurred in procuring
and leasing space to tenants for the Project, including any leasing office maintained in the Project, free rent and construction
allowances for tenants;


 


(f)           
legal and other expenses incurred in the negotiation or enforcement of leases;


 


(g)          
completing, fixturing, improving, renovating, painting, redecorating or other work, which Landlord pays for or performs
for other tenants within their premises, and costs of correcting defects in such work;


 


(h)          
costs to be reimbursed by other tenants of the Project or Taxes to be paid directly by Tenant or other tenants of the Project,
whether or not actually paid;


 


(i)            
salaries, wages, benefits and other compensation paid to officers and employees of Landlord who are not assigned in whole
or in part to the operation, management, maintenance or repair of the Project;


 


(j)            
general organizational, administrative and overhead costs relating to maintaining Landlord‘s existence, either as
a corporation, partnership, or other entity, including general corporate, legal and accounting expenses;


 


(k)          
costs (including attorneys’ fees and costs of settlement, judgments and payments in lieu thereof) incurred in connection
with disputes with tenants, other occupants, or prospective tenants, and costs and expenses, including legal fees, incurred in
connection with negotiations or disputes with employees, consultants, management agents, leasing agents, purchasers or mortgagees
of the Building;


 


(l)            
costs incurred by Landlord due to the violation by Landlord, its employees, agents or contractors or any tenant of the terms
and conditions of any lease of space in the Project or any Legal Requirement (as defined in Section 7);


 





	 


 












    	 



    	 



    




 


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(m)         
penalties, fines or interest incurred as a result of Landlord‘s inability or failure to make payment of Taxes and/or
to file any tax or informational returns when due, or from Landlord‘s failure to make any payment of Taxes required to be
made by Landlord hereunder before delinquency;


 


(n)          
overhead and profit increment paid to Landlord or to subsidiaries or affiliates of Landlord for goods and/or services in
or to the Project to the extent the same exceeds the costs of such goods and/or services rendered by unaffiliated third parties
on a competitive basis;


 


(o)          
costs of Landlord’s charitable or political contributions, or of fine art maintained at the Project;


 


(p)          
costs in connection with services (including electricity), items or other benefits of a type which are not standard for
the Project and which are not available to Tenant without specific charges therefor, but which are provided to another tenant or
occupant of the Project, whether or not such other tenant or occupant is specifically charged therefor by Landlord;


 


(q)          
costs incurred in the sale or refinancing of the Project;


 


(r)           
net income taxes of Landlord or the owner of any interest in the Project, franchise, capital stock, gift, estate or inheritance
taxes or any federal, state or local documentary taxes imposed against the Project or any portion thereof or interest therein;
and


 


(s)          
any expenses otherwise includable within Operating Expenses to the extent actually reimbursed by persons other than tenants
of the Project under leases for space in the Project.


 


Within 90 days after
the end of each calendar year (or such longer period as may be reasonably required), Landlord shall furnish to Tenant a statement
(an “Annual Statement”) showing in reasonable detail: (a) the total and Tenant’s Share of actual Operating
Expenses for the previous calendar year, and (b) the total of Tenant’s payments in respect of Operating Expenses for such
year. If Tenant’s Share of actual Operating Expenses for such year exceeds Tenant’s payments of Operating Expenses
for such year, the excess shall be due and payable by Tenant as Rent within 30 days after delivery of such Annual Statement to
Tenant. If Tenant’s payments of Operating Expenses for such year exceed Tenant’s Share of actual Operating Expenses
for such year Landlord shall pay the excess to Tenant within 30 days after delivery of such Annual Statement, except that after
the expiration, or earlier termination of the Term or if Tenant is delinquent in its obligation to pay Rent, Landlord shall pay
the excess to Tenant after deducting all other amounts due Landlord.


 


The Annual Statement
shall be final and binding upon Tenant unless Tenant, within 30 days after Tenant’s receipt thereof, shall contest any item
therein by giving written notice to Landlord, specifying each item contested and the reason therefor. Operating Expenses for the
calendar years in which Tenant’s obligation to share therein begins and ends shall be prorated. Notwithstanding anything
set forth herein to the contrary, if the Project is not at least 95% occupied on average during any year of the Term, Tenant’s
Share of Operating Expenses for such year shall be computed as though the Project  had been 95% occupied on average during
such year.


 


“Tenant’s
Share” shall be the percentage set forth on the first page of this Lease as Tenant’s Share as reasonably adjusted
by Landlord for changes in the physical size of the Premises or the Project occurring thereafter. Landlord may equitably increase
Tenant’s Share for any item of expense or cost reimbursable by Tenant that relates to a repair, replacement, or service that
benefits only the Premises or only a portion of the Project that includes the Premises or that varies with occupancy or use. Base
Rent, Tenant’s Share of Operating Expenses and all other amounts payable by Tenant to Landlord hereunder are collectively
referred to herein as “Rent.”


 


6.            
Security Deposit. Tenant shall deposit with Landlord, upon delivery of an executed copy of this Lease to Landlord,
a security deposit (the “Security Deposit”) for the performance of all of Tenant’s obligations hereunder
in the amount set forth on page 1 of this Lease, which Security Deposit shall be in the form of an unconditional and irrevocable
letter of credit (the “Letter of Credit”): (i) in form and substance satisfactory to Landlord, (ii) naming Landlord
as beneficiary, (iii) expressly allowing Landlord to draw upon it at any time from time to time by delivering to the issuer notice
that Landlord is entitled to draw thereunder, (iv) issued by an FDIC-insured financial institution satisfactory to Landlord, and
(v) redeemable by presentation of a sight draft in the state of Landlord’s choice. If Tenant does not provide Landlord with
a substitute Letter of Credit complying with all of the requirements hereof at least 10 days before the stated expiration date
of any then current Letter of Credit, Landlord shall have the right to draw the full amount of the current Letter of Credit and
hold the funds drawn in cash without obligation for interest thereon as the Security Deposit. The Security Deposit shall be held
by Landlord 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 any 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 the amount set forth on Page 1 of this Lease. 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. 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. If Tenant shall fully perform every provision of this Lease to be
performed by 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.


 





	 






    	 



    	 



    

 





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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. Except as may be provided under the Work Letter, 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.


 





	 


 









    	 



    	 



    

 





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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. 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 similar 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, as part of Operating Expenses, 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. 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.


 





	 


 






    	 



    	 



    

 





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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, Landlord shall make available and Tenant shall pay for 12 parking spaces at the Project,
which parking spaces shall be located in those areas designated for non-reserved parking in common with other tenants of the Project,
subject in each case to Landlord's rules and regulations. Commencing on the Commencement Date, Tenant shall be required to pay
to Landlord $135 per parking space per month plus applicable taxes for each parking space made available by Landlord to Tenant,
which amount shall increase on the 1st day of the 13th month of Term to the then prevailing market rate,
as reasonably determined by Landlord. 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”). Landlord shall pay, as
Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance
charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority
or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord may cause, at Tenant’s expense,
any Utilities to be separately metered or charged directly to Tenant by the provider. Tenant shall pay directly to the Utility
provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises
during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based
upon consumption, as reasonably determined by Landlord. 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 with respect to Common Areas to normal restroom use. Tenant
shall be responsible for obtaining and paying for its own janitorial services for the Premises.


 


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 than 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 approval 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.


 


	 


 









    	 



    	 



    

 





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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 with the
TI Fund, 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.


 


	 


 









    	 



    	 



    

 





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13.         
Landlord’s Repairs. Landlord, as an Operating Expense, 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 judgment 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.


 


	 


 









    	 



    	 



    

 





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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. All such insurance shall be included
as part of the Operating Expenses. 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; not contain a hostile fire exclusion;
contain 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 prior to
(i) the earlier to occur of (x) the Commencement Date, or (y) the date that Tenant accesses the Premises under this Lease, and
(ii) 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.


 


	 


 









    	 



    	 



    

 





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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 Project or the Premises are damaged or destroyed by a fire or other
insured casualty, Landlord shall notify Tenant within 60 days after discovery of such damage as to the amount of time Landlord
reasonably estimates it will take to restore the Project or the Premises, as applicable (the “Restoration Period”).
If the Restoration Period is estimated to exceed 9 months (the “Maximum Restoration Period”), Landlord may,
in such notice, elect to terminate this Lease as of the date that is 75 days after the date of discovery of such damage or destruction;
provided, however, that notwithstanding Landlord’s election to restore, Tenant may elect to terminate this
Lease by written notice to Landlord delivered within 5 business days of receipt of a notice from Landlord estimating a Restoration
Period for the Premises longer than the Maximum Restoration Period. Unless either Landlord or Tenant so elects to terminate this
Lease, Landlord shall, subject to receipt of sufficient insurance proceeds (with any deductible to be treated as a current Operating
Expense), promptly restore the Premises (excluding the improvements installed by Tenant or by Landlord and paid for by Tenant),
subject to delays arising from the collection of insurance proceeds, from Force Majeure events or as needed to obtain any license,
clearance or other authorization of any kind required to enter into and restore the Premises issued by any Governmental Authority
having jurisdiction over the use, storage, handling, treatment, generation, release, disposal, removal or remediation of Hazardous
Materials (as defined in Section 30) in, on or about the Premises (collectively referred to herein as “Hazardous
Materials Clearances”); provided, however, that if repair or restoration of the Premises is not substantially
complete as of the end of the Maximum Restoration Period or, if longer, the Restoration Period, Landlord may, in its sole and absolute
discretion, elect not to proceed with such repair and restoration, or Tenant may by written notice to Landlord delivered within
5 business days of the expiration of the Maximum Restoration Period or, if longer, the Restoration Period, elect to terminate this
Lease, in which event Landlord shall be relieved of its obligation to make such repairs or restoration and this Lease shall terminate
as of the date that is 75 days after the later of: (i) discovery of such damage or destruction, or (ii) the date all required Hazardous
Materials Clearances are obtained, but Landlord shall retain any Rent paid and the right to any Rent payable by Tenant prior to
such election by Landlord or Tenant.


 


Tenant, at its expense,
shall promptly perform, subject to delays arising from the collection of insurance proceeds, from Force Majeure (as defined in
Section 34) events or to obtain Hazardous Material Clearances, all repairs or restoration not required to be done by Landlord
and shall promptly re-enter the Premises and commence doing business in accordance with this Lease. Notwithstanding the foregoing,
either Landlord or Tenant may terminate this Lease upon written notice to the other if the Premises are damaged during the last
year of the Term and Landlord reasonably estimates that it will take more than 2 months to repair such damage; provided, however,
that such notice is delivered within 10 business days after the date that Landlord provides Tenant with written notice of the estimated
Restoration Period. Landlord shall also have the right to terminate this Lease if insurance proceeds are not available for such
restoration. Rent shall be abated from the date all required Hazardous Material Clearances are obtained until the Premises are
repaired and restored, in the proportion which the area of the Premises, if any, which is not usable by Tenant bears to the total
area of the Premises, unless Landlord provides Tenant with other space during the period of repair that is suitable for the temporary
conduct of Tenant’s business. Such abatement shall be the sole remedy of Tenant, and except as provided in this Section
18, Tenant waives any right to terminate the Lease by reason of damage or casualty loss.


 


	 


 









    	 



    	 



    

 





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The provisions of this
Lease, including this Section 18, constitute an express agreement between Landlord and Tenant with respect to any and all
damage to, or destruction of, all or any part of the Premises, or any other portion of the Project, and any statute or regulation
which is now or may hereafter be in effect shall have no application to this Lease or any damage or destruction to all or any part
of the Premises or any other portion of the Project, the parties hereto expressly agreeing that this Section 18 sets forth
their entire understanding and agreement with respect to such matters.


 


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, Tenant’s
Share of Operating Expenses 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.


 


(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.


 


(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.


 


	 


 









    	 



    	 



    




 


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(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; (B) 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.


 


(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.


 


	 


 









    	 



    	 



    

 





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(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.


 


(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.


 


	 


 









    	 



    	 



    

 





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(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 transfer or 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.


 


(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.


 


	 


 









    	 



    	 



    

 





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(c)          
Additional Conditions. As a condition to any such assignment or subletting, whether or not Landlord’s consent
is required, Landlord may require:


 


(i)            
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; and


 


(ii)           
A list of Hazardous Materials, certified by the proposed assignee or sublessee to be true and correct, which the proposed
assignee or sublessee intends to use, store, handle, treat, generate in or release or dispose of from the Premises, together with
copies of all documents relating to such use, storage, handling, treatment, generation, release or disposal of Hazardous Materials
by the proposed assignee or subtenant in the Premises or on the Project, prior to the proposed assignment or subletting, including,
without limitation: permits; approvals; reports and correspondence; storage and management plans; plans relating to the installation
of any storage tanks to be installed in or under the Project (provided, said installation of tanks shall only be permitted after
Landlord has given its written consent to do so, which consent may be withheld in Landlord’s sole and absolute discretion);
and all closure plans or any other documents required by any and all federal, state and local Governmental Authorities for any
storage tanks installed in, on or under the Project for the closure of any such tanks. Neither Tenant nor any such proposed assignee
or subtenant is required, however, to provide Landlord with any portion(s) of the such documents containing information of a proprietary
nature which, in and of themselves, do not contain a reference to any Hazardous Materials or hazardous activities.


 


(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.


 





	 


 









    	 



    	 



    

 





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(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.


 


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. 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.


 


	 


 









    	 



    	 



    

 





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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 (collectively, “Tenant HazMat
Operations”) and released of all Hazardous Materials Clearances, broom clean, ordinary wear and tear and casualty loss
and condemnation covered by Sections 18 and 19 excepted. At least 3 months prior to the surrender of the Premises,
Tenant shall deliver to Landlord a narrative description of the actions proposed (or required by any Governmental Authority) to
be taken by Tenant in order to surrender the Premises (including any Installations permitted by Landlord to remain in the Premises)
at the expiration or earlier termination of the Term, free from any residual impact from the Tenant HazMat Operations and otherwise
released for unrestricted use and occupancy (the “Surrender Plan”). Such Surrender Plan shall be accompanied
by a current listing of (i) all Hazardous Materials licenses and permits held by or on behalf of any Tenant Party with respect
to the Premises, and (ii) all Hazardous Materials used, stored, handled, treated, generated, released or disposed of from the Premises,
and shall be subject to the review and approval of Landlord’s environmental consultant. In connection with the review and
approval of the Surrender Plan, upon the request of Landlord, Tenant shall deliver to Landlord or its consultant such additional
non-proprietary information concerning Tenant HazMat Operations as Landlord shall request. On or before such surrender, Tenant
shall deliver to Landlord evidence that the approved Surrender Plan shall have been satisfactorily completed and Landlord shall
have the right, subject to reimbursement at Tenant’s expense as set forth below, to cause Landlord’s environmental
consultant to inspect the Premises and perform such additional procedures as may be deemed reasonably necessary to confirm that
the Premises are, as of the effective date of such surrender or early termination of the Lease, free from any residual impact from
Tenant HazMat Operations. Tenant shall reimburse Landlord, as Additional Rent, for the actual out-of pocket expense incurred by
Landlord for Landlord’s environmental consultant to review and approve the Surrender Plan and to visit the Premises and verify
satisfactory completion of the same, which cost shall not exceed $5,000. Landlord shall have the unrestricted right to deliver
such Surrender Plan and any report by Landlord’s environmental consultant with respect to the surrender of the Premises to
third parties.


 


If Tenant shall fail
to prepare or submit a Surrender Plan approved by Landlord, or if Tenant shall fail to complete the approved Surrender Plan, or
if such Surrender Plan, whether or not approved by Landlord, shall fail to adequately address any residual effect of Tenant HazMat
Operations in, on or about the Premises, Landlord shall have the right to take such actions as Landlord may deem reasonable or
appropriate to assure that the Premises and the Project are surrendered free from any residual impact from Tenant HazMat Operations,
the cost of which actions shall be reimbursed by Tenant as Additional Rent, without regard to the limitation set forth in the first
paragraph of this Section 28.


 





	 


 









    	 



    	 



    

 





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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.


 


30.         
Environmental Requirements.


 


(a)          
Prohibition/Compliance/Indemnity. Tenant shall not cause or permit any Hazardous Materials (as hereinafter defined)
to be brought upon, kept, used, stored, handled, treated, generated in or about, or released or disposed of from, the Premises
or the Project in violation of applicable Environmental Requirements (as hereinafter defined) by Tenant or any Tenant Party. If
Tenant breaches the obligation stated in the preceding sentence, or if the presence of Hazardous Materials in the Premises during
Tenant’s occupancy of the Premises under the Fred Hutchinson Sublease, the Term of this Lease or any holding over results
in contamination of the Premises, the Project or any adjacent property or if contamination of the Premises, the Project or any
adjacent property by Hazardous Materials brought into, kept, used, stored, handled, treated, generated in or about, or released
or disposed of from, the Premises by anyone other than Landlord and Landlord’s employees, agents and contractors otherwise
occurs during Tenant’s occupancy of the Premises under the Fred Hutchinson Sublease, the Term of this Lease or any holding
over, 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, treatment, 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 Environmental Requirements 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.


 


	 


 









    	 



    	 



    

 





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(b)          
Business. Landlord acknowledges that it is not the intent of this Section 30 to prohibit Tenant from using
the Premises for the Permitted Use. Tenant may operate its business according to prudent industry practices so long as the use
or presence of Hazardous Materials is strictly and properly monitored according to all then applicable Environmental Requirements.
As a material inducement to Landlord to allow Tenant to use Hazardous Materials in connection with its business, Tenant agrees
to deliver to Landlord prior to the Commencement Date a list identifying each type of Hazardous Materials to be brought upon, kept,
used, stored, handled, treated, generated on, or released or disposed of from, the Premises and setting forth any and all governmental
approvals or permits required in connection with the presence, use, storage, handling, treatment, generation, release or disposal
of such Hazardous Materials on or from the Premises (“Hazardous Materials List”). Tenant shall deliver to Landlord
an updated Hazardous Materials List at least once a year and shall also deliver an updated list before any new Hazardous Material
is brought onto, kept, used, stored, handled, treated, generated on, or released or disposed of from, the Premises. Tenant shall
deliver to Landlord true and correct copies of the following documents (the “Haz Mat Documents”) relating to
the use, storage, handling, treatment, generation, release or disposal of Hazardous Materials prior to the Commencement Date, or
if unavailable at that time, concurrent with the receipt from or submission to a Governmental Authority: permits; approvals; reports
and correspondence; storage and management plans, notice of violations of any Legal Requirements; plans relating to the installation
of any storage tanks to be installed in or under the Project (provided, said installation of tanks shall only be permitted after
Landlord has given Tenant its written consent to do so, which consent may be withheld in Landlord’s sole and absolute discretion);
all closure plans or any other documents required by any and all federal, state and local Governmental Authorities for any storage
tanks installed in, on or under the Project for the closure of any such tanks; and a Surrender Plan (to the extent surrender in
accordance with Section 28 cannot be accomplished in 3 months). Tenant is not required, however, to provide Landlord with
any portion(s) of the Haz Mat Documents containing information of a proprietary nature which, in and of themselves, do not contain
a reference to any Hazardous Materials or hazardous activities. It is not the intent of this Section to provide Landlord with information
which could be detrimental to Tenant’s business should such information become possessed by Tenant’s competitors.


 


(c)          
Tenant Representation and Warranty. Tenant hereby represents and warrants to Landlord that (i) neither Tenant nor
any of its legal predecessors has been required by any prior landlord, lender or Governmental Authority at any time to take remedial
action in connection with Hazardous Materials contaminating a property which contamination was permitted by Tenant of such predecessor
or resulted from Tenant’s or such predecessor’s action or use of the property in question, and (ii) Tenant is not subject
to any 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). If Landlord determines that this representation and warranty was not true as of the date
of this lease, Landlord shall have the right to terminate this Lease in Landlord’s sole and absolute discretion.


 


(d)          
Testing. Landlord shall have the right to conduct annual tests of the Premises to determine whether any contamination
of the Premises or the Project has occurred as a result of Tenant’s use. Tenant shall be required to pay the cost of such
annual test of the Premises; provided, however, that if Tenant conducts its own tests of the Premises using third party contractors
and test procedures acceptable to Landlord which tests are certified to Landlord, Landlord shall accept such tests in lieu of the
annual tests to be paid for by Tenant. In addition, at any time, and from time to time, prior to the expiration or earlier termination
of the Term, Landlord shall have the right to conduct appropriate tests of the Premises and the Project to determine if contamination
has occurred as a result of Tenant’s use of the Premises. 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. If contamination has occurred for which Tenant is liable under this Section
30, Tenant shall pay all costs to conduct such tests. If no such contamination is found, Landlord shall pay the costs of such
tests (which shall not constitute an Operating Expense). Landlord shall provide Tenant with a copy of all third party, non-confidential
reports and tests of the Premises made by or on behalf of Landlord during the Term without representation or warranty and subject
to a confidentiality agreement. 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 which Landlord may have against Tenant.


 





	 


 






    	 



    	 



    

 





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(e)          
Control Areas. Tenant shall be allowed to utilize up to its pro rata share of the Hazardous Materials inventory within
any control area or zone (located within the Premises), as designated by the applicable building code, for chemical use or storage.
As used in the preceding sentence, Tenant's pro rata share of any control areas or zones located within the Premises shall be determined
based on the rentable square footage that Tenant leases within the applicable control area or zone. For purposes of example only,
if a control area or zone contains 10,000 rentable square feet and 2,000 rentable square feet of a tenant's premises are located
within such control area or zone (while such premises as a whole contains 5,000 rentable square feet), the applicable tenant's
pro rata share of such control area would be 20%.


 


(f)           
Underground Tanks. If underground or other storage tanks storing Hazardous Materials located on the Premises or the
Project are used by Tenant or are hereafter placed on the Premises or the Project by Tenant, Tenant shall install, use, monitor,
operate, maintain, upgrade and manage such storage tanks, maintain appropriate records, obtain and maintain appropriate insurance,
implement reporting procedures, properly close any underground storage tanks, and take or cause to be taken all other actions necessary
or required under applicable state and federal Legal Requirements, as such now exists or may hereafter be adopted or amended in
connection with the installation, use, maintenance, management, operation, upgrading and closure of such storage tanks.


 


(g)          
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.


 


(h)          
Definitions. As used herein, 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. As used herein, 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 Tenant’s “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.


 


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.


 





	 


 









    	 



    	 



    

 





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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 and such entry may
be at any time) for 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.


 


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.
Landlord and Tenant each hereby agree to indemnify and hold the other harmless from and against any claims by any Broker, other
than the broker, if any 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.


 





	 





 






    	 



    	 



    

 





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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: TENANT’S 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 INTEREST IN THE PROJECT OR ANY PROCEEDS FROM SALE OR CONDEMNATION THEREOF 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.


 


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.


 


	 


 









    	 



    	 



    

 





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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.


 


(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 Tenant’s 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.


 


	 


 









    	 



    	 



    

 





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(i)            
Time. Time is of the essence as to the performance of Tenant’s 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.


 


(l)            
Entire Agreement. This Lease, including the exhibits attached hereto, constitutes the entire agreement between Landlord
and Tenant pertaining to the subject matter hereof and supersedes 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, and Landlord shall, to the extent required, equitably
adjust Tenant’s Share of Operating Expenses in respect of such repairs or services to reflect that Landlord is not providing
such repairs or services to Tenant. 


 


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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:	Chief Financial Officer
	 	 	 
	 	 	 
	 	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 Banks
	 	Its:	EVP, General Counsel


 


	 













    	 



    	 



    

 





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EXHIBIT A TO LEASE


 


DESCRIPTION OF PREMISES





 





	 


 






    	 



    	 



    

 





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EXHIBIT B TO LEASE


 


DESCRIPTION OF PROJECT


 








	 


 


 






    	 



    	 



    

 





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EXHIBIT C TO LEASE


 


INTENTIONALLY OMITTED





 





	 


 






    	 



    	 



    

 





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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.


 


	 


 









    	 



    	 



    

 





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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.


 


	 


 









    	 



    	 



    

 





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EXHIBIT F TO LEASE


 


TENANT’S PERSONAL PROPERTY


 


None.