Lease, dated as of January 23, 2007




 Exhibit 10.26 
 LEASE BY AND BETWEEN 
 BILLTECH EQUITY PARTNERS, LLC, AS LANDLORD 
 and 
 DANGER, INC., AS TENANT 








 TABLE OF CONTENTS 
  

							
	ARTICLE 1 - REFERENCE, DEFINITIONS AND EXHIBITS	  	1
		  	  1.1	  	Definitions	  	1
		  	  1.2	  	Effect of Reference to Definitions	  	3
		  	  1.3	  	Exhibits	  	3
		
	ARTICLE 2 - PREMISES, TERM AND COMMENCEMENT OF TERM	  	4
		  	  2.1	  	Premises	  	4
		  	  2.2	  	Term	  	4
		  	  2.2	  	Late Delivery of Premises	  	4
		
	ARTICLE 3 - RENT, ITS DETERMINATION, COMMENCEMENT AND METHOD OF PAYMENT	  	5
		  	  3.1	  	Base Rent	  	5
		  	  3.2	  	Additional Rent – Real Estate Taxes	  	5
		  	  3.3	  	Additional Rent – Operating Expenses	  	7
		  	  2.4	  	Audit Rights	  	9
		  	  3.5	  	Rent	  	10
		  	  3.6	  	Independent Covenants	  	10
		  	  3.7	  	Gross-Up	  	10
		
	ARTICLE 4 - SECURITY DEPOSIT	  	10
		
	ARTICLE 5 - UTILITIES AND SERVICES	  	11
		  	  5.1	  	Electricity	  	11
		  	  5.2	  	Landlord’s Services	  	12
		  	  5.3	  	Access and Security	  	13
		
	ARTICLE 6 - INSURANCE	  	13
		  	  6.1	  	Required Coverage	  	13
		  	  6.2	  	Writing and Disposition of Insurance Policies	  	13
		  	  6.3	  	Mutual Waiver of Subrogation	  	13
		  	  6.4	  	Blanket Policies	  	14
		  	  6.5	  	Landlord’s Insurance Covenants	  	14
		
	ARTICLE 7 - TENANT’S ADDITIONAL COVENANTS	  	14
		  	  7.1	  	Performing Obligations	  	14
		  	  7.2	  	Use	  	15
		  	  7.3	  	Maintenance and Repair	  	15
		  	  7.4	  	Compliance with Laws	  	15
		  	  7.5	  	Payment for Tenant’s Work	  	16
		  	  7.6	  	Indemnity	  	16
		  	  7.7	  	Personal Property at Tenant’s Risk	  	17
		  	  7.8	  	Payment of Landlord’s Cost of Enforcement	  	17
		  	  7.9	  	Yield Up	  	17










							
		  	7.10	  	Subordination	  	18
		  	7.11	  	Estoppel Certificates	  	18
		  	7.12	  	Nuisance	  	18
		  	7.13	  	Changes and Alterations	  	18
		  	7.14	  	Financial Statements	  	20
		  	7.15	  	Holdover	  	20
		
	ARTICLE 8 - QUIET ENJOYMENT	  	21
		
	ARTICLE 9 - DAMAGE AND EMINENT DOMAIN	  	21
		  	  9.1	  	Fire and Other Casualty	  	21
		  	  9.2	  	Eminent Domain	  	22
		
	ARTICLE 10 - DEFAULTS BY TENANT AND REMEDIES	  	23
		  	10.1	  	Tenant’s Default	  	23
		  	10.2	  	Landlord’s Election	  	23
		  	10.3	  	Reimbursement of Landlord’s Expenses	  	24
		  	10.4	  	Termination of Right of Possession	  	24
		  	10.5	  	Mitigation	  	25
		  	10.6	  	Claims in Bankruptcy	  	25
		  	10.7	  	Landlord’s Right to Cure Defaults	  	25
		  	10.8	  	No Waiver	  	25
		  	10.8	  	Late Charge; Default Interest	  	26
		
	ARTICLE 11 - ASSIGNMENT AND SUBLETTING	  	26
		  	11.1	  	Prohibition	  	26
		  	11.2	  	Conditions to Consent	  	26
		  	11.3	  	Excess Rents	  	27
		  	11.4	  	Landlord’s Recapture Right	  	27
		  	11.5	  	Assignment or Sublease to an Affiliate	  	27
		  	11.6	  	No Waiver	  	28
		
	ARTICLE 12 - NOTICES	  	28
		
	ARTICLE 13 - NOTICE OF LEASE	  	28
		
	ARTICLE 14 - APPLICABLE LAW, SEVERABILITY, CONSTRUCTION	  	29
		
	ARTICLE 15 - SUCCESSORS AND ASSIGNS, ETC.	  	29
		
	ARTICLE 16 - LANDLORD’S ACCESS	  	30
		
	ARTICLE 17 - CONDITION OF PREMISES	  	30
		  	17.1	  	As Is	  	30
		  	17.2	  	Landlord’s Work	  	30










							
		
	ARTICLE 18 - WARRANTY REGARDING BROKER	  	30
		
	ARTICLE 19 - FORCE MAJEURE	  	31
		
	ARTICLE 20 - HAZARDOUS MATERIALS	  	31
		
	ARTICLE 21 - EXTENSION PERIOD	  	32
		  	20.1	  	Option to Extend Lease Term	  	32
		  	20.2	  	Determination of Option Rent	  	33
		  	20.3	  	Annual Increases in Option Rent	  	33









 LEASE 
 THIS LEASE (the “Lease”) is dated as of the 23rd day of January, 2007 and is entered into by and between Landlord and Tenant named below. 
 NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 
 ARTICLE 1 
 REFERENCE, DEFINITIONS AND EXHIBITS 
 1.1
Definitions. Whenever used herein, the following terms shall have the following meanings: 
  

			
	Landlord:	  	Billtech Equity Partners, LLC, a Delaware limited liability company
	Landlord’s	  	
	Address:	  	c/o Everest Partners, LLC
		  	150 East 58th Street
		  	Suite 2000
		  	New York, New York 10155
		
	Landlord’s	  	
	Managing Agent:	  	Everest Partners, LLC
		  	150 East 58th Street
		  	Suite 2000
		  	New York, New York 10155
		
	Landlord’s	  	
	Local Massachusetts	  	
	Managing Agent:	  	Everest Partners, LLC
		  	700 Technology Park Drive
		  	Suite 102
		  	Billerica, MA 01821
		  	Tel: 978-564-8002
		  	Fax: 978-564-8003
		  	www.everestllc.com
		
	Tenant:	  	Danger, Inc., a Delaware corporation
		
	Original Address	  	
	of Tenant:	  	3101 Park Boulevard
		  	Palo Alto, CA 94306

  

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	 Address of Tenant
 after Term
 Commencement Date:
	  	 3101 Park Boulevard
 Palo Alto, CA
94306

		
	Broker:	  	The Codman Company, Inc. and The Staubach Company
		
	 Term Commencement
 Date:
	  	The later of: (a) March 1, 2007, and (b) the date Landlord delivers possession of the Premises to Tenant, with all Landlord Work substantially completed, subject to Force Majeure and delays
caused by Tenant. The Estimated Term Commencement Date is forty-five (45) days after full execution of this Lease.
		
	 Rent Commencement
 Date:
	  	Two (2) months following the Term Commencement Date
		
	Original Lease Term:	  	Three (3) years and two (2) months from the Term Commencement Date (unless the same is earlier terminated or extended in accordance with the terms and conditions of this Lease).
		
	 Option to Extend
 Original Lease Term:
	  	One (1) option to extend for three (3) years, in accordance with Article 20 hereof.
		
	Lease Term:	  	The Original Lease Term, as the same may have been extended or earlier terminated, in accordance with the terms and condition of this Lease.
		
	Premises:	  	The approximately 5,730 square feet of rentable space on the second floor of the Building, as shown on the plan attached hereto as Exhibit A.
		
	Building:	  	The building containing approximately 43,422 square feet of rentable space located on the Site. The Building is shown on the plan attached hereto as Exhibit B.
		
	Site:	  	The site located in Billerica, Massachusetts, having an address of 700 Technology Park Drive, Billerica, Massachusetts 01821 and the Building and all improvements and other buildings now or
hereafter located thereon (including, without limitation, all driveways, pavement, parking areas, landscaping, and utilities). A

  

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		  	legal description of the boundaries of the Site is attached hereto as Exhibit C.
		
	Parking and Loading Docks:	  	See Section 2.1.
		
	Permitted Uses:	  	General business office use, and for no other purpose, subject in all cases to applicable Legal Requirements.
		
	Lease Year:	  	Each of the successive periods of twelve (12) calendar months, beginning with the first day of the first month following the Term Commencement Date (or beginning with the Term Commencement Date,
if that is the first day of a month), but if this Lease ends on a day other than the last day of a Lease Year (as defined above), the last Lease Year shall end on the termination date. If the Term Commencement Date is not the first day of a month,
the first Lease Year shall include the number of days from the Term Commencement Date through the end of said month.
		
	Tenant’s Proportionate Share:	  	13.2% (which is calculated by dividing the Premises rentable area by the Building rentable area.)
		
	Landlord’s Mortgagee:	  	Any party holding a mortgage on the Site including, without limitation, the Premises, given as security for indebtedness owed by Landlord to the holder of the mortgage.

 1.2 Effect of Reference to Definitions. Any reference in this Lease to any term defined above shall be
deemed, to the extent possible, to mean and include all aspects of the definition set forth above for such term. 
 1.3 Exhibits. The exhibits listed
in this Section and attached to this Lease are incorporated by reference and are a part of this Lease. 
  

			
	Exhibit A:	  	Plan of Premises
		
	Exhibit B:	  	Site Plan Showing Building
		
	Exhibit C:	  	Legal Description of the Boundaries of the Site
		
	Exhibit D:	  	Landlord’s Work
		
	Exhibit E:	  	Rules and Regulations

  

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 ARTICLE 2 
 PREMISES, TERM AND COMMENCEMENT OF TERM 
 2.1 Premises. Landlord hereby leases to Tenant the Premises
subject to and with the benefit of the terms, covenants, conditions and provisions of this Lease and all easements, covenants and restrictions appurtenant thereto, if any. Tenant shall have the use, in common with others entitled thereto, of the
roadways, driveways, parking areas, sidewalks and all other common areas serving the Building, all subject to reasonable rules and regulations promulgated by Landlord from time to time. In addition, Tenant shall have the right to use, on a first
come, first served basis and in common with others entitled thereto, free of charge throughout the Lease Term, the following: (i) parking spaces in the parking area serving the Building, not to exceed a ratio of three (3) parking spaces
per 1,000 rentable square feet of Premises; and (ii) one (1) existing loading dock. 
 2.2 Term. TO HAVE AND TO HOLD the Premises for the
Original Lease Term, commencing on the Term Commencement Date, subject to the terms, covenants, agreements and conditions contained in this Lease. Notwithstanding the foregoing, Tenant shall be allowed to access the Premises no earlier than two
(2) weeks prior to the Term Commencement Date for the sole purpose of installing furniture, fixtures and equipment in the Premises (the “Installation”); provided, however, that Tenant provides written notice to Landlord
of such early occupancy no less than twenty-four (24) hours before such early occupancy. Tenant agrees to access the Premises and perform the Installation subject to the terms and conditions of this Lease, including but not limited to Article 7
of this Lease and the Rules and Regulations set forth in Exhibit E. 
 2.3 Late Delivery of Premises. Landlord shall use commercially
reasonable efforts to deliver possession of the Premises to Tenant in the condition required by this Lease, including without limitation, substantial completion of the Landlord’s Work, on or before the date which is forty-five (45) days
after full execution of this Lease. If, despite such efforts, Landlord is unable to deliver such possession by such date, Landlord shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease. Tenant shall
not, however, be obligated to pay Rent or perform any other obligation of Tenant under the terms of this Lease until Landlord delivers possession of the Premises to Tenant, and any period of rent abatement that Tenant would otherwise have enjoyed
shall run from the date of delivery of possession and continue for a period equal to what Tenant would otherwise have enjoyed under the terms hereof, but minus any days of delay caused by the acts or omissions of Tenant. If possession of the
Premises in the condition required by this Lease is not delivered to Tenant on or before June 1, 2007 (subject to Force Majeure, any delays caused by Tenant and Landlord’s inability, despite its due diligence, to obtain the permits needed
to commence and complete Landlord’s Work), Tenant shall have the right and option, upon thirty (30) days’ prior written notice to Landlord and Landlord’s Mortgagee, to cancel this Lease, in which event the parties shall be
discharged from all obligations hereunder as of the expiration of such thirty (30) day period unless, on or before the such date, Landlord substantially completes Landlord’s Work. “Substantial completion,” as used herein, shall
mean that Landlord’s Work has been completed except for items of work (and, if applicable, adjustment of equipment and fixtures) which can be completed after occupancy has been taken without causing undue interference with Tenant’s use of
the Premises (i.e. so called “punch list” items). 
  

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 ARTICLE 3 
 RENT, ITS DETERMINATION, COMMENCEMENT AND METHOD OF PAYMENT 
 3.1 Base Rent. Tenant covenants and
agrees to pay, during the Lease Term, to Landlord, or to such other person as Landlord by written notice instructs Tenant to make such payments for Landlord’s benefit and account, without demand (except as otherwise herein specifically
provided), at the Address of Landlord set forth in Section 1.1 or at such other place as Landlord may by written notice to Tenant direct, commencing with the Rent Commencement Date, Base Rent, as follows: 
  

							
	 Period
	  	Annual Base Rent	  	Monthly Installment
of Base Rent
	 Months 1-2*
	  	$	0	  	$	0
	 Months 3-12
	  	$	91,680.00	  	$	7,640.00
	 Months 13-24
	  	$	94,545.00	  	$	7,878.75
	 Months 25-38
	  	$	97,410.00	  	$	8,117.50



	*	Base Rent shall be abated for the first two (2) months of the Lease Term. 

 The rent shall be paid on the first day of each full calendar month of the Lease Term, and pro rata based on the actual number of days in such month, for any portion of a calendar month included at the beginning or end of the Lease Term,
payable on the first day of such month or partial month. 
 3.2 Additional Rent – Real Estate Taxes. In addition to the Base Rent, Tenant shall
also pay to Landlord, as Additional Rent, Tenant’s Proportionate Share of all Real Estate Taxes in excess of Base Year Taxes (the “Tax Obligation”). 
 (i) For the purposes of this Section 3.2, the following words and terms shall have the following meaning: 
 (a) “Tax Year” shall mean the twelve-month period commencing July 1st, and each twelve-month period commencing on an anniversary of said date during the term of this lease. 
 (b) “Base Year Taxes” shall mean the Taxes assessed for the tax fiscal year July 1, 2006 through June 30, 2007 without giving
effect to any tax abatement, credit, treaty, refund or other concession. No Real Estate Taxes shall be payable by Tenant for the period beginning on the Commencement Date and ending June 30, 2007. 
 (c) “Real Estate Taxes” shall mean all taxes including real estate taxes (which term shall include payments in lieu of real estate
taxes), assessments, levies, license and permit fees and other governmental charges, general and special, ordinary and extraordinary, foreseen and unforeseen, of any kind and nature whatsoever, which at any time during the Lease Term may be
assessed, levied, confirmed, imposed upon, or may become due and payable out of or in 

  

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respect of, or become a lien upon, all or any portion of the Site (including, without limitation, all improvements thereto) other than:
(i) municipal, state and federal income taxes (if any) assessed against Landlord; or (ii) municipal, state or federal capital levy, gift, estate, succession, inheritance or transfer taxes of Landlord; or (iii) corporation excess
profits or franchise taxes imposed upon any corporate owner of the Site, provided, however, that if at any time during the Lease Term the methods of taxation prevailing at the commencement of the Lease Term shall be altered so that in
lieu of, as a substitute for, or in addition to, the whole or any part of the taxes, assessments, levies or charges now levied, assessed or imposed on real estate and the improvements thereon, there shall be levied, assessed and imposed a tax,
assessment, levy, imposition or charge, wholly or partially as a capital levy or otherwise, on the rents received therefrom, or measured by or based in whole or in part upon the Site and imposed upon Landlord, then all such taxes, assessments,
levies, impositions or charges or the part thereof so measured or based, shall be deemed to be included within the term “Real Estate Taxes” for the purposes hereof. In addition to the foregoing, the term “Real Estate Taxes” shall
include any new tax of a nature not presently in effect, but which may be hereafter levied, assessed, or imposed upon Landlord or all or any portion of the Site, if such tax shall be based on or arise out of the ownership, use or occupation of all
or any portion of the Site. 
 (ii) Landlord may, at its sole discretion, bill Tenant monthly, quarterly, semi-annually or annually for
Tenant’s Tax Obligation. Any bill for a month, quarter or half-year may be rendered on an estimated basis. If Landlord shall render a monthly, quarterly or semi-annual bill on account of any Tax Year, then within one hundred eighty
(180) days after the close of such Tax Year, Landlord shall render an annual bill for such Tax Year, which annual bill shall make appropriate adjustment as may be necessary to reflect actual Tenant’s actual Tax Obligation during such Tax
Year, including, without limitation, any refund that may be due to Tenant, to be taken as a credit against future payments of Additional Rent due hereunder. 
 (iii) Any bills for Tenant’s Tax Obligation shall be due at the same time and in the same manner as the next monthly installment of Base Rent is due pursuant to Section 3.1, if Landlord has elected to
bill Tenant for Tenant’s Tax Obligation on a monthly basis. If, however, Landlord bills Tenant for its Tenant’s Tax Obligation on a quarterly or half-year basis, or if the Lease Term has terminated or expired, then Tenant’s Tax
Obligation shall be due within thirty (30) days after receipt by Tenant of a bill therefor. 
 (iv) Appropriate credit against any
Tenant’s Tax Obligation shall be given for any refund obtained by reason of a reduction in any Real Estate Taxes by the courts or other governmental agency responsible therefor. The original computation of Tenant’s Tax Obligation, as well
as reimbursement or payments of additional charges, if any, or allowances, if any, under the provisions of this Section 3.2 shall be based on the original assessed valuations, with adjustments to be made at a later date when the tax
refund, if any, shall be paid to Landlord by the taxing authority. Expenditures for legal fees and for other similar or dissimilar expenses incurred in obtaining the tax refund shall be charged against the tax refund before the adjustments are made
for any Tax Year, but such charges shall in no event exceed the amount of the tax refund. 
  

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 (v) If the Term Commencement Date or the expiration or earlier termination of the Lease Term occurs in
the middle of a Tax Year, subject to 3.2(i)(b), Tenant shall be liable for only that portion of Tenant’s Tax Obligation in respect of said Tax Year represented by a fraction, the numerator of which is the number of days of the herein Lease Term
which falls within said Tax Year, and the denominator of which is three hundred sixty-five (365). 
 (vi) In the event the first day of the
Tax Year in the Town of Billerica should be changed after the Term Commencement Date to a day other than July 1 so as to change the twelve (12) month period comprising a Tax Year, in determining Tenant’s Tax Obligation with respect to
Real Estate Taxes payable for the period between July 1 and such changed first day of the Tax Year, Tenant’s Tax Obligation shall be multiplied by a fraction, the numerator of which shall be the number of days elapsing during such period,
and the denominator of which shall be three hundred sixty-five (365). 
 (vii) Any obligation of Tenant or Landlord under this
Section 3.2 which shall not have been paid at the expiration of the Lease Term shall survive such expiration and shall be paid when and as the amount of same shall be determined to be due. 
 3.3. Additional Rent – Operating Expenses. In addition to the Base Rent, Tenant shall also pay to Landlord, as Additional Rent, Tenant’s Proportionate
Share of all Operating Expenses over Base Year Operating Expenses (the “Operating Expense Obligation”). 
 (i) For the
purposes of this Section 3.3, the following words and terms shall have the following meaning: 
 (a) “Computation
Year” shall mean each calendar year beginning with calendar year 2008. 
 (b) “Base Year Operating Expenses” shall
mean Operating Expenses for the period January 1, 2007 through December 31, 2007. No Operating Expenses shall be payable by Tenant for the period beginning on the Commencement Date and ending December 31, 2007. 
 (c) “Operating Expenses” shall mean the aggregate expenses incurred by Landlord in the operation, maintenance and management of the Site
during the Lease Term including, without limitation, the following: (i) utilities supplied to the Site (to the extent the same are not being paid directly by Tenant or other tenants of the Building); (ii) “fringe” benefits for
employees or contractors engaged on a full-time basis in connection with servicing the Site and payroll taxes, workmen’s compensation insurance premiums and similar costs with respect thereto, and an appropriate portion of same with respect to
employees or contractors on a part-time basis; (iii) all insurance obtained by Landlord relating to or otherwise in connection with its ownership or the operation, rental, or management of the Site, the foregoing to include without limitation
any liability insurance, rent loss insurance, and any other insurance required by Landlord’s Mortgagee; (iv) services obtained for the benefit of the Site (including, without limitation, snow removal and grounds maintenance);
(v) repairs, replacement, repainting, maintenance, supplies and the like for the Site, subject to the exceptions set forth in Section 5.2; (vi) management fees equal to five percent (5%) of gross rentals from the Building per
annum; 

  

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(vii) legal fees and expenses, excluding any legal fees incurred by Landlord in connection with Landlord’s dealings with any specific tenant of the
Building, and any consulting fees and expenses in connection with any reduction of any Operating Expenses or Real Estate Taxes; (viii) auditing fees and expenses; and (ix) depreciation (on a straight line basis) for capital replacements
and improvements made by Landlord which are required in the ordinary course of maintaining the Site or Building or which are projected by Landlord to reduce the Operating Expenses thereof, the cost of which shall be amortized over the useful life of
the capital replacement or improvement in accordance with generally accepted accounting principles. Notwithstanding the foregoing, the following items shall be excluded from “Operating Expenses”: (i) loan fees, principal or interest
payments on any mortgages or other financing arrangements, (ii) leasing commissions, (iii) depreciation for the Site; (iv) capital expenditures, as defined under generally accepted accounting principles, other than as set forth in
clause (ix) above; (v) ground rent under ground leases; (vi) utility charges payable by Tenant directly to the applicable provider, (vii) any costs, fines or penalties incurred due to violations by Landlord of any Legal
Requirements, this Lease or any other lease in the Building, or due to Landlord’s negligence or willful misconduct, or for the late payment of any obligation of Landlord; (viii) costs covered by any guarantee or warranty;
(ix) marketing costs; (x) services or work provided to other tenants but not to Tenant without an additional charge; (xi) the cost of preparing space for occupancy by tenants, (xii) costs reimbursed by insurance proceeds
(excluding deductible amounts), (xiii) attorneys’ fees, costs, disbursements, and other expenses incurred in connection with negotiations or disputes with tenants, or in connection with leasing, renovating, or improving space for tenants
or other occupants or prospective tenants or other occupants of the Building, (xiv) costs with respect to the creation of a mortgage or a superior lease or in connection with a sale of the Building or the Site, (xv) Landlord’s or
Landlord’s property manager’s corporate general overhead or corporate general administrative expenses (specifically excluding any property management fees), (xvi) costs of any service sold to any tenant (including Tenant) or other
occupant for which Landlord is entitled to be reimbursed as an additional charge or rental over and above the basic rent and escalations payable under the lease with that tenant, (xvii) overhead profit increments paid to Landlord’s
subsidiaries or affiliates for management or other services on or to the Building or for supplies or other materials to the extent that the cost of the services, supplies, or materials exceeds the cost that would have been paid had the services,
supplies, or materials been provided by unaffiliated parties on a competitive basis, (xviii) the cost of correcting any building code or other violations which were violations prior to the Commencement Date of this Lease, or costs of
alterations required by a change in any Legal Requirements, (xix) the cost of containing, removing, or otherwise remediating any contamination of the Site (including the underlying land and ground water) by any toxic or hazardous materials
(including, without limitation, asbestos and “PCB’s”) where such contamination was not caused by Tenant, (xx) costs for sculpture, paintings, or other objects of art (and insurance thereon or extraordinary security in connection
therewith), (xxi) wages, salaries, or other compensation paid to any executive employees above the grade of property manager, (xxii) the cost of replacing (as opposed to maintaining and repairing) the roof and the structural components of
the Premises and the Building or any of the parking areas at the Site. 
 (ii) Landlord may, at its sole discretion, bill Tenant monthly,
quarterly, semi-annually or annually for Tenant’s Operating Expense Obligation. Any bill for a month, quarter or half-year may be rendered on an estimated basis. Any estimated bill need not include all of the items 

  

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mentioned in Section 3.3(i)(a). Any annual bill shall be rendered on the basis of actual costs only. If Landlord shall render a monthly,
quarterly or semi-annual bill on account of any Computation Year, then, within one hundred eighty (180) days after the close of such Computation Year, Landlord shall render an annual bill for such year which annual bill shall make all
adjustments as may be necessary to reflect actual changes during that year including, without limitation, any refund that may be due to Tenant, to be taken as a credit against future payments of Additional Rent due hereunder. All bills for
Tenant’s Operating Expense Obligation shall be due at the same time and in the same manner as the next monthly installment of Base Rent is due pursuant to Section 3.1, if Landlord has elected to bill Tenant for Tenant’s Tax
Obligation on a monthly basis. If, however, Landlord bills Tenant for its Tenant’s Operating Expense Obligation on a quarterly or half-year basis, or if the Lease Term has terminated or expired, then Tenant’s Operating Expense Obligation
shall be due within thirty (30) days after receipt by Tenant of a bill therefor. 
 (iii) If the Term Commencement Date or the
expiration or earlier termination of the Lease Term occurs in the middle of a Computation Year, Tenant shall be liable for only that portion of Tenant’s Operating Expense Obligation in respect of such Computation Year represented by a fraction,
the numerator of which is the number of days of the herein term which falls within the Computation Year, and the denominator of which is three hundred sixty-five (365). 
 (iv) Any obligation of Tenant or Landlord under this Section 3.3 which shall not have been paid at the expiration of the Lease Term shall survive such expiration and shall be paid when and as the amount of
same shall be determined to be due. 
 3.4 Audit Right. Provided that Tenant shall have first paid all amounts due and payable by Tenant pursuant to
this Article 3, Tenant shall have the right, at its own cost and expense, to audit or inspect Landlord’s records with respect to Operating Expenses and Real Estate Taxes, as well as all other Additional Rent payable by Tenant hereunder for any
Computation Year. Tenant shall give Landlord not less than thirty (30) days prior written notice of its intention to conduct any such audit. Any such audit shall be conducted on behalf of Tenant by an independent certified public accountant
whose compensation with respect to such audit is not on a contingency basis. Landlord shall cooperate with Tenant during the course of such audit, which shall be conducted during normal business hours in Landlord’s headquarters’ office.
Landlord agrees to make such personnel available to Tenant as is reasonably necessary for Tenant, or for Tenant’s employees and or agents to conduct such audit. Tenant and its employees, agents, contractors, representatives, consultants,
accountants and attorneys shall use their best efforts to keep the results of any such inspection strictly confidential. If such audit reveals that an error was made in the Operating Expenses and Real Estate Taxes previously charged to Tenant for
the Computation Year in question, then Landlord shall provide Tenant with a credit against future payments of Additional Rent in the amount of such overpayment, or Tenant shall pay to Landlord any underpayment of any such costs within thirty
(30) days after notification thereof. Tenant may not conduct an inspection or have an audit performed more than once during any Computation Year. Failure of Tenant to provide Landlord with a written request to review such books and records
within six (6) months after receipt of expense reconciliation with respect to each respective Computation Year shall be deemed a waiver of Tenant’s rights hereunder with respect to such Computation Year. Failure of Tenant to provide


  

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Landlord with the results of Tenant’s audit within sixty (60) days of Tenant’s review of Landlord’s books and records shall be deemed a
waiver of Tenant’s rights hereunder with respect to such Computation Year. 
 3.5 Rent. References in this Lease to “Rent” or
“rent” shall be deemed to include both Base Rent and Additional Rent when the context so allows. All monetary obligations of Tenant under this Lease, except for the obligation to pay Base Rent, shall be deemed obligations to pay Additional
Rent, unless such presumption is repugnant to the context. 
 3.6 Independent Covenants. Each covenant, agreement, obligation and/or other provision
in this Lease to be performed on Tenant’s part shall be deemed and construed to be a separate and independent covenant of Tenant and not dependent on any other provision of this Lease. 
 3.7 Gross-Up. If the Building is not fully occupied during any calendar year period (including any calendar year(s) falling within the Base Year), then the
variable portion of Operating Expenses for such period shall be deemed to be equal to the total of the variable portion of Operating Expenses which would have been incurred by Landlord if ninety-five percent (95%) percent of the rentable area
of the Building had been occupied for the entirety of such calendar year with all tenants paying full rent, as contrasted with free rent, half rent or the like. 
 ARTICLE 4 
 SECURITY DEPOSIT 
 Upon the execution and delivery of this Lease, Tenant shall deliver to Landlord a security deposit in the amount of Sixteen Thousand Two Hundred
Thirty-Five and 00/100 Dollars ($16,235.00) (the “Security Deposit”). Landlord shall hold the same throughout the Lease Term as security for the performance by Tenant of all obligations on the part of Tenant hereunder. Landlord
shall have the right from time to time, without prejudice to any other remedy Landlord may have on account thereof, to apply such Security Deposit, or any part thereof, to Landlord’s damages arising from, or to cure, any default by Tenant of
its obligations hereunder beyond the expiration of any applicable grace periods. If Landlord shall so apply any or all of such Security Deposit, Tenant shall immediately upon demand deposit with Landlord the amount so applied to be held as security
hereunder. Landlord shall return the Security Deposit, or so much thereof as shall have theretofore not been applied in accordance with the terms of this Section 4.1, to Tenant on the expiration or earlier termination of the Lease Term
and the surrender of possession of the Premises by Tenant to Landlord at such time, provided that there is then existing no default of Tenant (nor any circumstance which, with the passage of time or the giving of notice, or both, would constitute a
default of Tenant). While Landlord holds such Security Deposit, Landlord shall have no obligation to pay interest on the same and shall have the right to commingle the same with Landlord’s other funds. If Landlord conveys Landlord’s
interest under this Lease, the Security Deposit, or any part thereof not previously applied, shall be turned over by Landlord to Landlord’s grantee, and, if so turned over, Tenant agrees to look solely to such grantee for proper application of
the Security Deposit in accordance with the terms of this Article 4, and the return thereof in accordance herewith. 
  

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 ARTICLE 5 
 UTILITIES AND SERVICES 
 5.1 Electricity. It is hereby acknowledged that the Premises are not
currently separately metered, and Tenant hereby agrees to pay to Landlord $2.05 per annum per rentable square foot of the Premises for electricity for lights, outlets consumed at the Premises and the heating, ventilating, and air-conditioning
(“HVAC”) distribution to the Premises during normal business hours, which amount may be increased from time to time to an amount not to exceed the actual increase in the cost of electricity charged by the utility company, such
payment to be made in the same manner and simultaneously with the payment of Rent hereunder. At Landlord’s cost, Landlord reserves the right to separately meter electricity service to the Premises in the future during the Term in which case
Tenant would pay the utility company directly for such electricity in lieu of paying the electricity charge described above. Except as specifically provided in this Lease, Landlord shall be under no obligation to furnish any utilities or services to
the Premises and shall not be liable for any interruption or failure in the supply of any such utilities or services to the Premises. Tenant acknowledges that such HVAC distribution referenced above shall be provided during normal business hours. At
Tenant’s written request, Landlord shall provide additional HVAC distribution to the Premises for an additional cost of $50.00 per hour.  
 Notwithstanding anything contained in this Lease to the contrary, if (i) an interruption or curtailment, suspension or stoppage of an Essential Service (as said term is hereinafter defined) shall occur, except any of the same due to
any act or neglect of Tenant or Tenant’s agents employees, contractors or invitees or any person claiming by, through or under Tenant (any such interruption of an Essential Service being hereinafter referred to as a “Service
Interruption”), and (ii) such Service Interruption occurs or continues as a result of the gross negligence or a wrongful conduct of the Landlord or Landlord’s agents, servants, employees or contractors, and (iii) such Service
Interruption continues for more than seven (7) consecutive business days after Landlord shall have received notice thereof from Tenant, and (iv) as a result of such Service Interruption, the conduct of Tenant’s normal operations in
the Premises is materially and adversely affected, then there shall be an abatement of one day’s Base Rent and Additional Rent for each day during which such Service Interruption continues after such seven (7) business day period;
provided, however, that if any part of the Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Premises notwithstanding such Service Interruption,
then the amount of each daily abatement of Base Rent and Additional Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Premises. The rights granted to Tenant under
this paragraph shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any
failure or cessation of services. For purposes hereof, the term “Essential Services” shall mean access to the Premises and electricity, but only to the extent that Landlord has an obligation to provide same to Tenant under this Lease. Any
abatement of Base Rent under this paragraph shall apply only with respect to Base Rent allocable to the period after each of the conditions set forth in subsections (i) through (iv) hereof shall have been satisfied and only during such
times as each of such conditions shall exist. 
  

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 5.2 Landlord’s Services. Landlord, during the Lease Term, shall provide the following services, the cost of
which shall be included in the Operating Expenses (except to the extent specifically excluded herein or under Section 3.3(i)(c): 
  

	 	(i)	the repair, maintenance and replacement (when necessary or appropriate) of the structural and mechanical components of the Premises and Building, including the roof structure and
membrane, the foundation, the exterior walls and all other structural elements of the Building, all mechanical, electrical, plumbing and life-safety systems and all exterior glass (but specifically excluding all interior glass); provided, however,
that notwithstanding anything to the contrary contained herein, the cost of replacing (as opposed to maintaining and repairing) the structural components of the Premises and Building shall not be included in Operating Expenses or otherwise charged
to Tenant; 

  

	 	(ii)	the maintenance of the landscaping on the Site; 

  

	 	(iii)	the maintenance, repair and replacement (when necessary or appropriate) of the parking areas located on the Site; provided, however, that notwithstanding anything to the contrary
contained herein, the cost of replacing (as opposed to maintaining and repairing) such parking areas shall not be included in Operating Expenses or otherwise charged to Tenant; 

  

	 	(iv)	the removal of snow and ice from the parking areas, driveways and walkways located on the Site; 

  

	 	(v)	the insurance which Landlord is required to maintain on the site pursuant to Article 6 below; 

  

	 	(vi)	the management of the Site; and 

  

	 	(vii)	exterior lighting and repair and replacement thereof; 

  

	 	(viii)	janitorial services Monday through Friday, excluding holidays; 

  

	 	(ix)	the replacement of all light bulbs and ballasts in the Premises, as necessary; provided, however, that the cost thereof shall not be included in Operating Expenses but shall be
charged to Tenant directly; and 

  

	 	(x)	subject to Section 5.1, HVAC, electricity and water to the Premises and Building. 

 Landlord shall never be liable for damages caused by its failure to make any repairs required hereunder, provided that Landlord has used reasonable efforts to attempt to have such repair made, after having been
notified by Tenant that such repair must be made promptly and that Tenant will be damaged by the failure to make such repairs promptly. 
  

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 5.3 Access and Security. Tenant shall have access to the Premises twenty-four (24) hours a day, seven
(7) days a week, fifty-two (52) weeks per year. Tenant shall be solely responsible, at Tenant’s sole cost and expense, for security for the Premises. 
 ARTICLE 6 
 INSURANCE 
 6.1 Required Coverage. Tenant covenants and agrees with Landlord that during the Lease Term the following insurance shall be obtained by Tenant and carried at Tenant’s sole expense: 
  

	 	(a)	Tenant’s commercial general liability insurance insuring Tenant against liability for injury to persons and damage to property which may be claimed to have arisen out of
Tenant’s business operations or its use or occupancy of the Premises or Building, including contractual liability coverage, and with limits at least equal to $2,000,000.00 per occurrence and $2,000,000.00 in the aggregate, or such higher limits
in any case as may be customarily carried in Massachusetts by prudent occupants of similar property. 

  

	 	(b)	Worker’s Compensation covering all Tenant’s employees working on the Premises, as required by law. 

  

	 	(c)	Such additional insurance (including, without limitation, business interruption insurance) as Landlord or Landlord’s Mortgagee shall reasonably require, provided that such
insurance is in an amount and of the type customarily carried in Massachusetts by prudent occupants of similar property. 

 At Tenant’s
election, any of the above coverages may be provided by any combination of primary or excess insurance policies. 
 6.2 Writing and Disposition of
Insurance Policies. All insurance required under Section 6.1 above shall be written with companies with ratings by A.M. Best Company of A-VIII or higher and in forms customarily in use from time to time in the Greater Boston area.
Tenant shall furnish Landlord certificates of insurance evidencing such coverage on or before the Term Commencement Date. Such certificates shall provide that the coverage thereunder may not be canceled without thirty (30) days prior written
notice to Landlord, Landlord’s property manager, Landlord’s Mortgagee (the name and address of which Landlord has provided to Tenant) and Tenant. Tenant agrees that any commercial general liability insurance which Tenant may carry with
respect to the Premises shall list Landlord and Landlord’s Mortgagee (the name and address of which Landlord has provided to Tenant) as additional insureds. 
 6.3 Mutual Waiver of Subrogation. Landlord agrees to insure the Building and Premises (excluding the Tenant’s Property, as defined below) in accordance with Section 6.5 and Landlord’s personal property including its
business papers, furniture, fixtures, and equipment (collectively, “Landlord’s Property”). Accordingly, Landlord agrees that Tenant will have no 

  

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liability to Landlord in the event that Tenant damages or destroys, negligently or otherwise, all or any part of Landlord’s Property. Landlord will
cause to be placed in its insurance policies covering Landlord’s Property a waiver of subrogation so that its insurance company will not become subrogated to Landlord’s rights and will not be able to proceed against Tenant in connection
with any such damage or destruction. Tenant agrees to insure its personal property, including its business papers, furniture, fixtures, and equipment (collectively, “Tenant’s Property”). Accordingly, Tenant agrees that Landlord
will have no liability to Tenant in the event Landlord damages or destroys, negligently or otherwise, all or any part of Tenant’s Property. Tenant will cause to be placed in its insurance policies covering Tenant’s Property a waiver of
subrogation so that the insurance company will not become subrogated to Tenant’s rights and will not be able to proceed against Landlord in connection with any such damage or destruction. Landlord and Tenant, therefore, each hereby release the
other, its officers, directors, employees and agents, from any and all liability or responsibility (to the other or anyone claiming through or under them by way of subrogation or otherwise) for any loss or damage to property covered by valid and
collectible insurance (or which would have been covered by such insurance had the releasing party obtained the insurance required under this Lease), even if such loss or damage shall have been caused by the fault or negligence of the other party, or
anyone for whom such party may be responsible. Landlord and Tenant each agree that any fire and extended coverage insurance policies will include a clause or endorsement to the effect that any such release shall not adversely affect or impair said
policies or prejudice the right of the releaser to recover thereunder, as long as the same shall be obtainable without extra costs, or, if extra cost shall be charged therefor, so long as the other party pays such extra cost. If extra cost shall be
chargeable therefor, each party shall advise the other party and of the amount of the extra cost, and the other party, at its election, may pay the same, but shall not be obligated to do so. 
 6.4 Blanket Policies. Nothing contained herein shall prevent Tenant from taking out insurance of the kind and in the amounts provided for herein under a blanket
insurance policy or policies covering properties other than the Premises, provided however, that any such policy or policies of blanket insurance shall, as to the Premises, comply as to endorsements and coverage with the provisions herein.

 6.5 Landlord’s Insurance Covenant. Landlord covenants and agrees that, during the Lease Term, it shall obtain all risk insurance against
damage by fire or other casualty in an amount equal to the replacement cost of the Building and Premises as reasonably determined from time to time by Landlord. Tenant’s Proportionate Share of the cost of such insurance shall be paid by Tenant
as an Operating Expense. 
 ARTICLE 7 
 ADDITIONAL COVENANTS 
 Tenant covenants and agrees during the Lease Term and such further time as Tenant
occupies the Premises or any part thereof: 
 7.1 Performing Obligations. To perform fully, faithfully and punctually all of the obligations of Tenant
set forth in this Lease; and to pay when due Rent and all charges, rates and other sums which by the terms of this Lease are to be paid by Tenant. 
  

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 7.2 Use. To use the Premises only for the Permitted Uses, and for no other purposes, without the written consent
of Landlord, which consent shall not be unreasonably withheld. 
 7.3 Maintenance and Repair. At Tenant’s expense, and except for reasonable wear
and tear and damage from fire or other casualty, to keep the Premises, including, without limitation, all interior glass, all utilities, pipes, conduits, drains, and other installations located within the Premises, clean, neat and in good order,
repair and condition. Tenant shall keep the Premises and such installations in as good condition, order and repair as the Premises and such installations are at the Term Commencement Date or such better condition as the Premises or such
installations thereafter may be put, reasonable wear and use and damage by fire or other casualty only excepted, it being understood that the foregoing exception for reasonable wear and use shall not relieve Tenant from the obligation to keep the
Premises and such installations in good order, repair and condition including, without limitation, all necessary and ordinary non-structural repairs, replacements and the like. Landlord agrees to maintain and repair the HVAC exclusively servicing
the Premises. If any HVAC unit exclusively servicing the Premises or any major component thereof such as the compressor or the fan motor needs to be replaced during the Lease Term, Landlord shall be responsible for such replacement, and the entire
cost thereof shall be amortized on a straight line basis over a period equal to the useful life thereof for federal income tax purposes and charged to Tenant to the extent of the amortized amount falling within the then remaining Lease Term. Tenant
also agrees to abide by reasonable and non-discriminatory rules and regulations which may be adopted by Landlord from time to time, including the Rules and Regulations attached hereto as Exhibit E. 
 7.4 Compliance with Laws. At Tenant’s sole cost and expense, to comply promptly with all present and future laws, ordinances, orders, rules, regulations and
requirements of all federal, state and municipal governments, departments, commissions, boards and officials, foreseen and unforeseen, ordinary as well as extraordinary, which may be applicable to the Premises or to Tenant’s use, occupancy or
presence in or at the Premises or the Site, including, as to Tenant’s use of the Premises or as a result of any alterations or additions made by or on behalf of Tenant, except for Landlord’s Work, the Americans with Disabilities Act
(“ADA”) and all laws with respect to the handling, storage and disposal of hazardous materials (“Legal Requirements”), except that Tenant may defer compliance so long as the validity of any such Legal Requirement
shall be contested by Tenant in good faith and by appropriate legal proceedings, and: 
  

	 	(a)	If by the terms of such Legal Requirement, compliance therewith pending the prosecution of any such proceeding may legally be delayed without the incurrence of any lien, charge or
liability of any kind against the Premises or Site and without subjecting Tenant or Landlord to any liability, civil or criminal, for failure so to comply therewith, Tenant may delay compliance therewith until the final determination of such
proceeding, or 

  

	 	(b)	 If any lien, charge or civil liability would be incurred by reason of any such delay, Tenant nevertheless may contest as aforesaid and delay as aforesaid, provided
that such delay would not subject Landlord to criminal liability or fine, and Tenant (i) furnishes to Landlord security, reasonably 



  

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satisfactory to Landlord, against any loss or injury by reason of such contest or delay, and (ii) prosecutes the contest with due diligence; and



  

	 	(c)	Such delay in compliance will not constitute a default by Landlord under any lease, mortgage or other agreement, will not affect the use of all or any portion of the Site by
Landlord or any tenant of the Site, and will not adversely affect the sale, leasing, or refinancing of all or any portion of the Site. 

 Notwithstanding the foregoing, Landlord shall be responsible for compliance of the Building as initially constructed and the Premises as of the Commencement Date, with all applicable Legal Requirements, including, without limitation, the
ADA, and Landlord hereby covenants and agrees to indemnify, defend, and hold Tenant harmless from, any and all costs, damages, claims, liability, judgments, expenses, reasonable attorneys’ fees, and penalties which may arise out of any actual
or alleged violations of such legal Requirements or the ADA with respect to the initial construction of the Premises (sometimes herein referred to as the “Landlord’s Work”). During the Term of the Lease, Landlord shall bear the
responsibility and cost of complying with the ADA with respect to the common areas and with respect to the Building’s structure and the Building’s utility and life-safety systems, other than compliance that is necessitated by Tenant’s
use of the Premises or as a result of any alterations or additions made by or on behalf of Tenant, except for Landlord’s Work. 
 Notwithstanding
anything in this Lease to the contrary, in no event shall Tenant be responsible for any alterations to the Premises required due to a change in Legal Requirements at any time during the Lease Term, either directly or as part of Operating Expenses,
other than compliance that is necessitated by Tenant’s use of the Premises or as a result of any alterations or additions made by or on behalf of Tenant, except for Landlord’s Work. 
 7.5 Payment for Tenant’s Work. To pay promptly when due the entire cost of any work at or on the Premises undertaken by Tenant so that the Premises shall at
all times be free of liens for labor and materials; promptly to clear the record of any notice of any such lien; to procure all necessary permits and before undertaking such work; to do all of such work in a good and workmanlike manner, employing
materials of good quality and complying with all governmental requirements; and to save Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by or growing out of such work, except to the
extent such loss, claim or damage is caused by the gross negligence of Landlord, its agents or employees. 
 7.6 Indemnity. Subject to
Section 6.3, to save Landlord harmless and indemnified from, and to defend Landlord against, all injury, loss, claims or damage (including reasonable attorneys’ fees) to any person or property while on the Premises unless arising
from any omission, fault, negligence or other misconduct of Landlord, or its agents, servants, employees, or contractors; and to save Landlord harmless and indemnified from, and to defend Landlord against, all injury, loss, claims or damage
(including reasonable attorneys’ fees) to any person or property anywhere occasioned by any omission, neglect or default of Tenant or Tenant’s agents, servants, employees, contractors, guests, invitees or licensees. 
  

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 Landlord covenants and agrees during the Lease Term and such further time as Tenant occupies the Premises or any part
thereof, subject to Section 6.3, to save Tenant harmless and indemnified from, and to defend Tenant against, all injury, loss, claims or damage (including reasonable attorneys’ fees) arising from (i) any willful, negligent or
tortious act or omission on the part of Landlord, its agents, contractors, or employees; or (ii) any failure on the part of Landlord to perform or comply with any of the covenants, agreements, terms, provisions, conditions or limitations
contained in this Lease on its part to be performed or complied with. 
 7.7 Personal Property at Tenant’s Risk. That all of Tenant’s
personal property, equipment, inventory and the like from time to time upon the Premises shall be at the sole risk of Tenant; and that Landlord shall not be liable for any damage which may be caused to such property or the Premises or to any person
for any reason including, without limitation, the bursting or leaking of or condensation from any plumbing, cooling or heating pipe or fixture, except to the extent caused by the gross negligence or willful misconduct of Landlord, its agents and
employees and not covered by insurance carried or required to be carried by Tenant under the Lease. 
 7.8 Payment of Landlord’s Cost of
Enforcement. To pay on demand Landlord’s expenses, including reasonable attorneys’ fees, incurred in enforcing any obligation of Tenant under this Lease or in curing any default by Tenant under this Lease, provided that Landlord is
successful in enforcing such obligation or has a right under this Lease to cure such default. 
 7.9 Yield Up. At the termination of this Lease,
peaceably to yield up the Premises clean and in good order, repair and condition and in compliance with all applicable Legal Requirements (except to the extent Landlord was required hereunder to comply with such Legal Requirements), reasonable wear
and tear and damage by fire or casualty excepted, and to deliver to Landlord all keys to the Premises or any part thereof. Any alteration, addition or improvement in, on, or to the Premises made or installed by Tenant shall become a part of the
realty and belong to Landlord without compensation to Tenant upon the expiration or sooner termination of the Term, at which time title shall pass to Landlord under this Lease as if by a bill of sale, unless Landlord elects otherwise and notifies
Tenant at the time of installation to remove any such tenant improvements prior to the expiration of the Lease Term. Notwithstanding the foregoing, any and all trade equipment (including but not limited to manufacturing and processing equipment),
trade fixtures, furniture, data lines, inventory and business equipment shall remain Tenant’s property and shall be removed by Tenant at the expiration or earlier termination of this Lease. Upon demand by Landlord, Tenant shall remove, at
Tenant’s sole cost and expense, forthwith and with all due diligence (but in any event prior to the expiration or earlier termination of the Lease Term), any such alterations, additions or improvements which are designated by Landlord to be
removed at the time of installation, and Tenant shall forthwith and with all due diligence, at its sole cost and expense, repair any damage to the Premises or the Building or Site caused by such removal. In the event Tenant fails so to remove any
such alterations, additions and improvements or fails to repair any such damage to the Premises, the Building or the Site, Landlord may do so and collect from Tenant the cost of such removal and repair in accordance with Section 7.8
hereof. 
  

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 7.10 Subordination. Upon the request of Landlord, to execute and deliver all such instruments as may reasonably be
requested to subordinate this Lease to any mortgages or deeds of trust securing notes or bonds executed by Landlord and to all advances made thereunder and to the interest thereon and all renewals, replacements and extensions thereof, provided that
Landlord first obtains from Landlord’s Mortgagee and delivers to Tenant a written agreement that provides substantially that so long as no Event of Default has occurred and is then continuing and so long as Tenant performs its obligations under
this Lease, no foreclosure of, deed given in lieu of foreclosure of, or sale under the encumbrance, and no steps or procedures taken under the encumbrance, shall affect Tenant’s rights hereunder. Landlord’s Mortgagee may at any time
subordinate its mortgage or deed of trust to this Lease, without Tenant’s consent, by notice in writing to Tenant and thereupon this Lease shall be deemed prior to such mortgage or deed of trust without regard to their respective dates of
execution, delivery and recording; and in that event such mortgagee or trustee shall have the same rights with respect to the Lease as though it had been executed and delivered (and notice thereof recorded) prior to the execution and delivery and
recording of the mortgage or deed of trust. Landlord agrees to use commercially reasonable efforts to obtain a subordination and non-disturbance agreement from the present mortgagee of record in a form reasonably satisfactory to Tenant, provided,
however, that Landlord shall not be required to expend any funds in connection therewith. 
 7.11 Estoppel Certificates. From time to time, upon not
less than fifteen (15) days prior written request by Landlord, to execute, acknowledge and deliver to Landlord, for delivery to a prospective purchaser or mortgagee of the Premises or the Site or to any assignee of any mortgage of the Premises
or the Site, a statement in writing certifying: (a) that this Lease is unamended (or, if there have been any amendments, stating the amendments); (b) that it is then in full force and effect, if that be the fact; (c) the dates to
which Rent and any other payments to Landlord have been paid; (d) any defenses, offsets and counterclaims which Tenant, at the time of the execution of said statement, believes that Tenant has with respect to Tenant’s obligation to pay
Rent and to perform any other obligations under this Lease or that there are none, if that be the fact; and (e) such other data as may reasonably be requested. Any such statement may be relied upon by such prospective purchaser or mortgagee of
the Premises, or portion thereof, or any assignee of any mortgagee of the Premises, or portion thereof. 
 7.12 Nuisance. At all times during the
Lease Term and such further time as Tenant occupies the Premises, not to injure, overload, deface or otherwise harm the Premises; nor commit any nuisance; nor to do or suffer any waste to the Premises; nor permit the emission of any objectionable
noise or odor; nor make any use of the Premises which is improper, or contrary to any Legal Requirement or which will invalidate any insurance policy covering the Premises or any portion thereof, including, without limitation, the handling, storage
and disposal of any hazardous material. 
 7.13 Changes and Alterations. Except as otherwise explicitly set forth herein, Tenant shall have no
authority, without the express written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, to alter, remodel, reconstruct, demolish, add to, improve or otherwise change the Premises, except that Tenant
shall have such authority, without the consent of Landlord, to make repairs to the Premises and do such things as are appropriate to 

  

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comply with the obligations imposed on Tenant under other provisions of this Lease and to make “minor alterations” as set forth below. 

Tenant shall not construct or permit any alterations, installations, additions or improvements including any interior or exterior signs
(“Alterations”) to the Premises or the Building without having first submitted to Landlord plans and specifications therefor for Landlord’s approval, which approval shall not be unreasonably withheld or delayed provided that:

  

	 	(a)	if the improvement involves a sign or will otherwise be visible from the exterior, then the improvement must be reasonably compatible with the architectural and aesthetic qualities
of the Premises and the Site. Landlord shall, at its cost, install building standard signage in the lobby of the Building and at the entrance to the Premises; and 

  

	 	(b)	the improvement must be non-structural and have no effect on the plumbing, heating and cooling, mechanical, electrical or other systems or services in the Premises, and the
improvement (except for signs) must be entirely within the Premises; and 

  

	 	(c)	the change, when completed, will not adversely affect the value of the Premises or the Site; and 

  

	 	(d)	Tenant demonstrates to Landlord’s satisfaction that the improvement will be made in accordance with all applicable Legal Requirements, using good quality materials and good
quality construction practices, and will not result in any liens on the Premises; and 

  

	 	(e)	as soon as such work is completed, Tenant will have prepared and provide Landlord with “as-built” plans (in form acceptable to Landlord) showing all such work; and


  

	 	(f)	Tenant will comply with any rules or requirements reasonably promulgated by Landlord in connection with the doing of any work, and if requested by Landlord, Tenant will obtain and
maintain Builder’s Risk insurance in connection with such work. 

 Tenant shall have the right to make “minor
alterations” from time to time in the Premises without obtaining Landlord’s prior written consent therefor, provided that all of such work is non-structural, conforms to all of the above requirements in all respects except for (e), and
further provided that Tenant provides Landlord with a written description of such work (and such other data as Landlord may request) prior to commencing any such alteration, and further provided that the aggregate cost of such minor alterations may
not exceed $10,000 in any twelve (12) month period. 
  

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 Notwithstanding anything to the contrary herein, but subject to the requirements of this
Section 7.13 (including, without limitation, the requirement that Tenant obtain the prior written consent of Landlord to any such installation, which consent shall not be unreasonably withheld or delayed), Tenant may install, maintain,
and replace, in a location to be mutually agreed upon by Landlord and Tenant on the roof of the Building or on the Site, a satellite communications dish and antenna and related equipment. Tenant shall do so at its sole cost and expense and in
accordance with all applicable Legal Requirements, and shall defend, indemnify and hold Landlord harmless from and against any claims, costs or expenses incurred by Landlord as a result of such installation, maintenance or replacement by Tenant. At
Landlord’s request, Tenant shall coordinate any such roof installation hereunder with Landlord’s roofing contractor. Tenant shall give prior written notice to Landlord of any work by Tenant which shall involve any penetration of the roof,
and Landlord, or Landlord’s contractor, shall be present during any such work. Tenant shall deliver to Landlord evidence reasonably satisfactory to Landlord that any roof-mounted equipment is properly secured so as to withstand snow and wind.
Any such satellite dish and related equipment and cabling shall remain the property of Tenant during the Lease Term and after the expiration thereof and shall be removed by Tenant at the expiration of the Lease Term in accordance with
Section 7.9. 
 7.14 Financial Statements. So long as Tenant is a corporation whose stock is traded on a public exchange, Tenant shall not
be required to furnish Landlord with financial statements. Tenant’s statement of net worth, as reported in its annual report to its shareholders or in any forms required to be submitted to the Securities and Exchange Commission, shall be
acceptable in lieu of any financial statements otherwise required hereunder and shall be conclusive with respect to the items reported therein. In the event that Tenant’s stock is not traded on a public exchange, at Landlord’s request,
Tenant shall deliver to Landlord a copy, certified by an officer of Tenant as being a true and correct copy, of Tenant’s most recent audited financial statement, or, if unaudited, certified by Tenant’s chief financial officer, as being
true, complete and correct in all material respects. Notwithstanding the foregoing, Landlord shall not request financial statements more than once in each consecutive twelve (12) month period during the Term unless (i) Tenant is in default
beyond any applicable notice and cure periods, (ii) Landlord reasonably believes that there has been a material adverse change in Tenant’s financial position since the last financial statement provided to Landlord, and/or
(iii) requested (a) in connection with a proposed sale or transfer of the Building by Landlord, or (b) by an investor of Landlord, any Landlord Entity or any lender or proposed lender of Landlord or any Landlord Entity. In addition,
so long as Tenant is a publicly traded company on an “over-the-counter” market or any recognized national or international securities exchange, the foregoing shall not apply so long as Tenant’s current public annual report (in
compliance with applicable securities laws) for such applicable year is available to Landlord in the public domain. Landlord and its employees, agents, officers, members, partners, shareholders, contractors, representatives, consultants, accountants
and attorneys shall use their best efforts to keep the contents of any such financial statement strictly confidential. 
 7.15 Holdover. If
Tenant remains in the Premises beyond the expiration of the Lease Term, or sooner following an early termination as provided for herein, such holding over shall not be deemed to create any tenancy, but Tenant shall be a tenant at sufferance only
subject to all of Tenant obligations set forth herein, but at a daily rate equal to one hundred fifty percent (150%)

  

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of the Base Rent, the cost of electricity and all other utilities supplied to the Premises, and all other charges provided for under this Lease with respect
to the first sixty (60) days of such holdover period and at a daily rate equal to two hundred percent (200%) of the Base Rent, the cost of electricity and all other utilities supplied to the Premises, and all other charges provided for
under this Lease thereafter. The acceptance of a purported rent check following termination shall not constitute the creation of a tenancy at will, it being agreed that Tenant’s status shall remain that of a tenant at sufferance, at the
aforesaid daily rate. Any reference in this Lease to Tenant’s obligations continuing during the period of any holdover shall not be deemed to grant Tenant the right to a holdover or imply Landlord’s consent to any such holdover. In
addition, Tenant shall be liable for all costs, claims, liabilities and damages arising from or in any manner related to any such holdover including, without limitation, damages payable to the subsequent tenant and related to the loss of a tenant.

 ARTICLE 8 
 QUIET
ENJOYMENT 
 Landlord covenants that Tenant on paying the Rent and performing Tenant’s obligations under this Lease shall
peacefully and quietly have, hold and enjoy the Premises throughout the Lease Term or until it is terminated as in this Lease provided without hindrance by Landlord or by anyone claiming by, through or under Landlord. 
 ARTICLE 9 
 DAMAGE AND EMINENT
DOMAIN 
 9.1 Fire and Other Casualty. In the event that at any time during the Lease Term the Premises are totally damaged or destroyed by
fire or other casualty or substantially damaged so as to render them or a material portion thereof untenantable, then there shall be a just and proportionate abatement of the Rent payable hereunder until the Premises are made suitable for
Tenant’s occupancy, and the Lease Term shall be extended, without the necessity of further action by any party, for a period equal to the time during which Rent so abated. In the event of such substantial (or total) damage to the Premises,
Landlord shall proceed at its expense and with reasonable diligence to repair and restore the Premises to substantially the same condition they were in immediately prior to such casualty. 
 Notwithstanding the foregoing, in the event the Premises cannot, in Landlord’s reasonable discretion, be restored to a condition substantially
suitable for their intended purpose within one hundred eighty (180) days following the issuance of all permits and approvals required in connection with such restoration, Landlord shall give Tenant written notice of such determination and
either Landlord or Tenant may terminate this Lease by written notice given to the other within ninety (90) days after the occurrence of such casualty. In the event the Premises have not been restored to a condition substantially suitable for
their intended purpose within one hundred eighty (180) days following the issuance of all permits and approvals required in connection with such restoration, then either Landlord or Tenant may terminate this Lease by written notice given to the
other within five (5) business days following such one hundred eighty (180) day period. 
  

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 In the event that the Premises are totally damaged or destroyed by fire or other casualty or
substantially damaged so as to render them or a material portion thereof untenantable, and such casualty occurs during the last twelve (12) months of the Lease Term, Tenant may terminate this Lease upon written notice to Landlord. 

Landlord and Tenant agree that during any period of reconstruction or repair of the Premises, if Tenant elects to continue the operation of its
business within the Premises to the extent practicable, Rent for the portion of the Premises rendered untenantable by the damage shall be abated on a prorata basis from the date of damage until the completion of Landlord’s repairs (or until the
date of termination of this Lease by Landlord or Tenant as provided above, as the case may be). 
 9.2 Eminent Domain. Landlord reserves for itself
all rights to any damages or awards with respect to the Premises and the leasehold estate hereby created by reason of any exercise of the right of eminent domain, or by reason of anything lawfully done in pursuance of any public or other authority;
and by way of confirmation Tenant grants and assigns to Landlord all Tenant’s rights to such damages so reserved, except as otherwise provided herein. Tenant covenants to execute and deliver any instruments confirming such assignment as
Landlord may from time to time reasonably request. If all the Premises are taken by eminent domain, this Lease shall terminate when Tenant is required to vacate the Premises or such earlier date as Tenant is required to begin the payments of rent to
the taking authority. If a partial taking by eminent domain results in so much of the Premises being taken as to render the Premises or a material portion thereof unsuitable for Tenant’s continued use and occupancy as determined by Landlord in
its reasonable discretion, either Landlord or Tenant may elect to terminate this Lease as of the date when Tenant is required to vacate the portion of the Premises so taken, by written notice to the other given not more than ninety (90) days
after the date on which Tenant or Landlord, as the case may be, receives notice of the taking. If a partial taking by eminent domain does not result in such portion of the Premises as aforesaid being taken, then this Lease shall not be terminated or
otherwise affected by any exercise of the right of eminent domain. Whenever any portion of the Lease Premises shall be taken by any exercise of the right of eminent domain, and if this Lease shall not be terminated in accordance with the provisions
of this Section 9.2, Landlord shall, at its expense, proceeding with all reasonable dispatch, provided sufficient condemnation proceeds are available therefor (or, if not, provided Tenant provides additional funds needed above the amount
of the condemnation proceeds available) do such work as may be required to restore the Premises or what remains thereof (not including Tenant’s trade fixtures, business equipment and furniture) as nearly as may be to the condition they were in
immediately prior to such taking, and Tenant shall at its expense, proceeding with all reasonable dispatch, do such work to its trade fixtures, business equipment and furniture, as may be required. A just proportion of the Rent payable hereunder,
according to the nature and extent of the taking shall be abated from the time Tenant is required to vacate that portion of the Premises taken. If the Premises have not been restored to a condition substantially suitable for their intended purpose
within one hundred eighty (180) days of the issuance of all permits and approvals required in connection with such restoration, Tenant may elect to terminate this Lease by written notice to Landlord sent within five (5) business days
following such one hundred eighty (180) day period. 
  

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 ARTICLE 10 
 DEFAULTS BY TENANT AND REMEDIES 
 10.1 Tenant’s Default. Each of the following shall be an event
of default (“Event of Default”) hereunder: (A) if Tenant shall fail to pay any installment of Base Rent, Additional Rent or any other payment due under this Lease, and such failure shall continue for a period of five
(5) business days following Landlord’s notice of same to Tenant, provided that such notice from Landlord shall be in lieu of, and not in addition to, any notice of default required by applicable law, and provided further Landlord shall be
obligated to give only two (2) such notices per any twelve (12) month period, with subsequent payment default to be an Event of Default if such failure to pay shall continue for a period of five (5) days from the date such payment is
due (without any notice); (B) if Tenant or any guarantor or surety of Tenant’s obligations hereunder shall (i) make a general assignment for the benefit of creditors; (ii) commence any proceeding for relief, 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;
(iii) become the subject of any such proceeding which is not dismissed within sixty (60) days after its filing or entry; or (iv) 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); (C) Tenant shall fail to discharge or bond over any lien placed upon the Premises in violation of this Lease within
thirty (30) days after Tenant receives notice that any such lien or encumbrance is filed against the Premises; (D) if Tenant shall fail to comply with any provision of this Lease, other than those specifically referred to hereinabove and,
except as otherwise expressly provided therein, such default shall continue for more than thirty (30) days after Landlord shall have given Tenant written notice of such default, or such longer period if such default cannot be reasonably cured
within such thirty (30) day period, provided that Tenant diligently commences the cure within the thirty (30) day period and diligently prosecutes such cure to completion; and (E) if Tenant shall abandon the Premises for more than
sixty (60) days. Upon the occurrence of an Event of Default, defined as aforesaid, then in any such case, notwithstanding any waiver or other indulgence of any prior default, Landlord may terminate this Lease by written notice to Tenant sent at
any time thereafter, but before Tenant has cured or removed the cause for such termination. Such termination shall take effect on the later of (i) the last day of the month in which Tenant receives the notice, or (ii) twenty-one
(21) days after Tenant receives the notice, and shall be without prejudice to any remedy Landlord might otherwise have for any prior breach of covenant. 
 10.2. Landlord’s Election. Upon each occurrence of an Event of Default and so long as such Event of Default shall be continuing, Landlord may at any time thereafter, at its election by written notice to Tenant:
(i) terminate this Lease or Tenant’s right of possession, but Tenant shall remain liable as hereinafter provided; and/or (ii) pursue any remedies provided for under this Lease or at law or in equity. Upon the termination of this Lease
or termination of Tenant’s right of possession, it shall be lawful for Landlord, without formal demand or notice of any kind, to re-enter the Premises by summary dispossession proceedings or any other action or proceeding authorized by law and
to remove Tenant and all persons and property therefrom. If Landlord re-enters the Premises, Landlord shall have the right to keep in place and use, or remove and store all of the fixtures, equipment and other property of Tenant left at the Premises
or elsewhere at the 

  

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Site. If Landlord terminates this Lease or terminates Tenant’s right of possession, Landlord may recover from Tenant the sum of (i) all Base Rent,
Additional Rent and all other amounts accrued hereunder to the date of such termination, (ii) the costs set forth in Section 10.3 below, and (iii) an amount equal to (A) the Base Rent and Additional Rent which would have
been payable by Tenant under this Lease had this Lease not been so terminated (or had Tenant’s right of possession not been terminated) for the period commencing after said termination and ending on the last day of the Lease Term with such
amounts becoming due and payable by Tenant on such dates as Base Rent would otherwise become due and payable hereunder, less (B) the net rents received by Landlord from re-letting the Premises (or any portion(s) thereof) for the period
commencing after said termination and ending on the last day of the Lease Term, such net rents to be determined by first deducting from the gross rents received by Landlord from such re-letting the expenses incurred or paid by Landlord in connection
with said termination and in re-entering the Premises and in securing possession thereof, as well as the actual expenses of re-letting (including, without limitation, altering and preparing the Premises for new tenants and any broker’s
commission as determined pursuant to Section 10.3 below). Subject to the provisions of Section 10.4 below, any such re-letting may be for a shorter or longer period than the remaining Lease Term, and in no event shall Tenant
be entitled to receive any excess of such net rents over the Base Rent payable by Tenant to Landlord under this Lease. Even though Tenant has breached this Lease and abandoned the Premises, this Lease shall continue in effect for so long as Landlord
does not terminate Tenant’s right to possession, and Landlord may enforce all its rights and remedies under this Lease, including the right to recover Base Rent and Additional Rent as it becomes due. Any such payments due Landlord shall be made
on the dates that Base Rent or such Additional Rent would otherwise come due under this Lease, and Tenant agrees that Landlord may file suit to recover any sums falling due from time to time. Notwithstanding any such re-letting without termination,
Landlord may at any time thereafter elect in writing to terminate this Lease for such previous breach. 
 10.3. Reimbursement of Landlord’s
Expenses. In the case of termination of this Lease or termination of Tenant’s right of possession pursuant to Section 10.2, Tenant shall reimburse Landlord for all actual expenses arising out of such termination, including,
without limitation, (i) all costs actually incurred in collecting such amounts due from Tenant under this Lease (including reasonable attorneys’ fees actually incurred and the costs of litigation and the like but only if Landlord is
successful in its litigation), (ii) all customary and necessary expenses incurred by Landlord in attempting to relet the Premises or parts thereof (including advertisements, brokerage commissions, tenant’s allowances, lease inducements,
costs of preparing space, and the like), and (iii) all Landlord’s other expenditures necessitated by the termination. The reimbursement from Tenant shall be due and payable within thirty (30) days following written notice from
Landlord that an expense has been incurred with documentation substantiating such expenses, without regard to whether the expense was incurred before or after the termination. 
 10.4. Termination of Right of Possession. Even though Tenant has breached this Lease and abandoned the Premises, this Lease shall continue in effect for so long as Landlord does not terminate the Lease (even
though it has terminated Tenant’s right of possession), and Landlord may enforce all its rights and remedies under this Lease, including the right to recover Base Rent and Additional Rent as it becomes due. Any such payments due Landlord shall
be made on the dates that Base Rent and Additional Rent would otherwise come due under this Lease, and 

  

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Tenant agrees that Landlord may file suit to recover any sums falling due from time to time. Notwithstanding any such termination of possession only,
Landlord may at any time thereafter elect in writing to terminate this Lease for such previous breach. 
 10.5. Mitigation. Landlord shall use
commercially reasonable efforts to relet the Premises which efforts shall be subject to the reasonable requirements of Landlord to lease to high quality tenants and to develop the Premises in a harmonious manner with an appropriate mix of uses,
tenants, and terms of tenancies, and the like and factoring in the location and nature of the Premises. It is agreed that hiring a reputable leasing broker to lease the Premises and cooperating in good faith with such broker shall satisfy the
requirement that Landlord use commercially reasonable efforts to relet. 
 10.6. Claims in Bankruptcy. Nothing herein shall limit or prejudice the
right of Landlord to prove and obtain in a proceeding for bankruptcy, insolvency, arrangement or reorganization, by reason of the termination, an amount equal to the maximum allowed by the statute of law in effect at the time when, and governing the
proceedings in which, the damages are to be provided, whether or not the amount is greater to, equal to, or less than the amount of the loss or damage which Landlord has suffered. 
 10.7. Landlord’s Right to Cure Defaults. Landlord may, but shall not be obligated to cure, at any time any default by Tenant under this Lease after the applicable notice and cure period (if any) has
expired. In curing such defaults, Landlord may enter upon the Premises and take such action thereon as may be necessary to effect such cure. In the case of an emergency threatening serious and imminent injury to persons or property, Landlord may
cure such default without notice. All costs and expenses incurred by Landlord in curing a default, including reasonable attorneys’ fees actually incurred, together with interest thereon at a rate equal to the lesser of (a) eighteen percent
(18%) per annum, or (b) the highest lawful rate of interest which Landlord may charge to Tenant without violating any applicable law from the day of payment by Landlord shall be paid by Tenant to Landlord on demand. Landlord may use the
Security Deposit to effectuate any such cure. 
 10.8. No Waiver. Exercise by Landlord of any one or more remedies hereunder granted 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, whether by agreement or by operation of law, it being understood that such surrender and/or termination can be effected
only by the written agreement of Landlord and Tenant. Tenant and Landlord further agree that forbearance or waiver by either party to enforce its rights pursuant to this Lease, or at law or in equity, shall not be a waiver of such party’s right
to enforce one or more of its rights in connection with any subsequent default. A receipt by Landlord of rent 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. No payment by Tenant, or acceptance by Landlord, of a lesser amount than shall be due from Tenant to Landlord shall be treated otherwise than as a
payment on account of the earliest installment of any payment due from Tenant under the provisions hereof. The acceptance by Landlord of a check for a lesser amount with an endorsement or statement thereon, or upon any letter accompanying such
check, that such lesser amount is payment in full, shall be given no effect, 

  

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and Landlord may accept such check without prejudice to any other rights or remedies which Landlord may have against Tenant. 
 10.9 Late Charge; Default Interest. If any payment of Base Rent, Additional Rent or any other payment payable hereunder by Tenant to Landlord shall not be paid
when due, Landlord may impose, at its election, a late fee of ten percent (10%) of the overdue amount and interest on the overdue amount from the date when the same was payable until the date paid at a rate equal to the lesser of
(a) eighteen percent (18%) per annum, or (b) the highest lawful rate of interest which Landlord may charge to Tenant without violating any applicable law. Such late fee and interest shall constitute Additional Rent payable hereunder.

 ARTICLE 11 
 ASSIGNMENT AND SUBLETTING 
 11.1 Prohibition. Tenant covenants and agrees that neither this Lease nor the term and estate
hereby granted, nor any interest herein or therein, will be assigned, mortgaged, pledged, encumbered or otherwise transferred, and that neither the Premises, nor any part thereof will be encumbered in any manner by reason of any act or omission on
the part of Tenant, or used or occupied, or utilized for desk space or for mailing privileges, by anyone other than Tenant, or for any use or purpose other than as stated herein, or be sublet or offered or advertised for subletting, without the
prior written consent of Landlord in each and every case, which consent shall not be unreasonably withheld, delayed or conditioned. Notwithstanding anything contained herein to the contrary, Tenant shall have no right to advertise publicly to assign
this Lease. Not in limitation of the foregoing, Tenant’s request for Landlord’s consent to subletting or assignment shall be submitted in writing no later than thirty (30) days in advance of the proposed effective date of such
proposed assignment or sublease, which request shall be accompanied by the following information (the “Required Information”): (i) the name, current address and business of the proposed assignee or subtenant; (ii) the
precise square footage and location of the portion of the Premises proposed to be so subleased or assigned; (iii) the effective date and term of the proposed assignment or subletting; and (iv) the rent and other consideration to be paid to
Tenant by such proposed assignee or subtenant. Tenant also shall promptly supply Landlord with the most recent unaudited financial statements of the proposed assignee or subtenant certified by an officer thereof and prepared in accordance with
generally accepted accounting practices, along with such other information as Landlord may reasonably request, indicating the net worth, liquidity and credit worthiness of the proposed assignee or subtenant in order to permit Landlord to evaluate
the proposed assignment or sublease. Tenant agrees to reimburse Landlord for legal fees and any other reasonable expenses and costs incurred by Landlord in connection with any proposed assignment or subletting, not to exceed $3,000.00 in any one
instance. 
 11.2. Conditions to Consent. Notwithstanding anything to the contrary contained herein, it shall not be unreasonable for Landlord to
withhold its consent to any proposed assignment or sublease if (i) Tenant proposes to assign this Lease or sublease the Premises or any portion thereof to any person or entity with whom Landlord is then negotiating for the rental of other space
in the Building or who is a tenant in the Building or in any building owned by Landlord or its affiliate now or in the future located at 700 or 900 Technology Park Drive, Billerica, Massachusetts; 25 Industrial Ave, Chelmsford, Massachusetts;
Billerica Business Center, Billerica and Tewksbury, Massachusetts; 165 Lexington Road, Billerica, Massachusetts; 220 or 

  

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222 Mill Road, Chelmsford, Massachusetts; or 19 or 21 Alpha Road, Chelmsford, Massachusetts; or (ii) with respect to a proposed assignment of this
Lease, the net worth of any such proposed assignee is less than the greater of (A) the net worth of Tenant on the date hereof or (B) the net worth of Tenant at the time of any such assignment; or (iii) in Landlord’s reasonable
judgment the proposed assignee or subtenant is engaged in a business which is not in keeping with the then standards of the Building and the proposed use is not limited to the Permitted Use; or (iv) there are then two (2) or more leases or
subleases in effect with respect to the Premises (including this Lease) (provided, however, that it is hereby agreed and acknowledged that in no event shall Landlord’s right to withhold consent be limited to the basis set forth in clauses
(i) through (iv) above, so long as the basis for such withholding is reasonable). Landlord’s consent shall be granted only if the assignee or subtenant shall promptly execute, acknowledge, and deliver to Landlord an agreement in form
and substance satisfactory to Landlord whereby the assignee or subtenant shall agree to be bound by and upon the covenants, agreements, terms, provisions and conditions set forth in this Lease other than the payment of Rent hereunder. 
 11.3 Excess Rents. If Tenant shall sublet the Premises, having first obtained Landlord’s consent, at a rental in excess of the rent and additional rent due
and payable by Tenant under the provisions of this Lease, fifty percent (50%) of such excess Rent and Additional Rent net of Tenant’s commercially reasonable and necessary expenses related to the sublease (including, without limitation,
brokerage fees, reasonable attorneys’ fees and rent concessions) shall be paid by the Tenant to the Landlord, it being agreed, however, that Landlord shall not be responsible for any deficiency if Tenant shall sublet the Premises at a rental
less than that provided for herein. 
 11.4. Landlord’s Recapture Right. Within thirty (30) days of its receipt of written notice from
Tenant that Tenant intends to attempt to sublease the Premises or a specified portion thereof or to assign this Lease as of a date set forth in such notice (the “Recapture Date”), Landlord may cancel this Lease as to the entire
Premises in the event of proposed assignment of this Lease or as to so much of the Premises as Tenant has proposed to sublease in the event of a proposed sublease. If Landlord shall elect to cancel this Lease as to all or a portion of the Premises,
it shall give Tenant written notice of its election and Tenant shall surrender the Premises or portion thereof for which this Lease has been canceled on such Recapture Date, in accordance with the provisions of this Lease relating to the surrender
of the Premises at the expiration or termination of the Lease Term. If the cancellation shall be as to a portion of the Premises only, then the Rent and Additional Rent shall be adjusted proportionately to reflect said cancellation. 
 11.5 Assignment or Sublease to an Affiliate. Notwithstanding anything to the contrary contained herein, Tenant shall have the right to assign this Lease or sublet
the Premises or any part thereof without the prior consent of Landlord to either (x) an entity into or with which Tenant is merged or consolidated, or to which all or substantially all of Tenant’s assets are transferred, or (y) any
entity which controls or is controlled by Tenant or is under common control with Tenant (each of (x) and (y) being herein referred to as an “Affiliate”), provided that in the event of a merger, consolidation or sale of all
or substantially all of Tenant’s assets, (i) the successor to Tenant has a net worth, computed in accordance with generally accepted accounting principles consistently applied, at least equal to the greater of (1) the net worth of
Tenant 

  

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immediately prior to such merger, consolidation or transfer, or (2) the net worth of Tenant herein named on the date of this Lease; and (ii) proof
satisfactory to Landlord of such net worth shall have been delivered to Landlord at least ten (10) days prior to the effective date of any such transaction. In the event of any assignment to an Affiliate, the assignee shall agree directly with
Landlord, by written instrument in form satisfactory to Landlord in its reasonable discretion, to be bound by all the obligations of Tenant hereunder, including, without limitation, the covenant against further assignment and subletting. 

11.6 No Waiver. If this Lease is assigned, or if the Premises or any part thereof is sublet or occupied by anybody other than Tenant, Landlord may, after
default by Tenant, collect Rent and/or Additional Rent from the assignee, subtenant or occupant, and apply the net amount collected to the Rent and/or Additional Rent herein reserved, but no such assignment, subletting, occupancy or collection shall
be deemed a waiver of this covenant, or the acceptance of the assignee, subtenant or occupant as a tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. The consent by Landlord to
an assignment or subletting shall not in any way be construed to relieve Tenant from obtaining the express consent in writing of Landlord to any further assignment or subletting. No assignment, subletting or use of the Premises shall affect the
Permitted Use hereunder. Notwithstanding any permitted assignment or subletting, Tenant shall at all times remain directly, primarily and fully responsible and liable for the payment of all sums payable hereunder and for compliance with all the
obligations of Tenant hereunder. 
 ARTICLE 12 
 NOTICES 
 All notices required or permitted to be given under this Lease shall be in writing
and shall be sent by registered or certified mail, return receipt requested, or by a reputable national overnight courier service, postage prepaid, or by hand delivery and, if to Tenant, addressed to Tenant at the address for Tenant noted on the
first page of this Lease, and if to Landlord, addressed to Landlord at the address for Landlord noted on the first page of this Lease, with a copy delivered in the same manner to Dionne & Gass LLP, 131 Dartmouth Street, Suite 501, Boston,
Massachusetts 02116, Attn. Sally Michael, Esquire. All notices shall be effective upon delivery to the address of the addressee (even if such addressee refuses delivery thereof). Either party may by notice given aforesaid change its address for all
subsequent notices. Except where otherwise expressly provided to the contrary, notice shall be deemed given upon delivery. 
 ARTICLE 13

 NOTICE OF LEASE 
 Tenant agrees not to record this Lease without Landlord’s consent, but, if the Lease Term is seven (7) years or longer, each party hereto agrees, on the request of the other, to execute a notice of lease in recordable form and
complying with applicable law. In no event shall such document set forth the rent or other charges payable by Tenant under this Lease; and any such document shall expressly state that it is executed pursuant to the provisions contained in this
Lease, and is not intended to vary the terms and conditions of this Lease. At Landlord’s request, promptly upon expiration of or earlier termination of the Lease Term, Tenant shall execute and 

  

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deliver to Landlord a release of any document recorded in the real property records for the location of the Premises evidencing this Lease, and Tenant hereby
appoints Landlord Tenant’s attorney-in-fact, coupled with an interest, to execute any such document if Tenant fails to respond to Landlord’s request to do so within fifteen (15) days. The obligations of Tenant under this Article 13
shall survive the expiration or any earlier termination of the Lease Term. 
 ARTICLE 14 
 APPLICABLE LAW, SEVERABILITY, CONSTRUCTION 
 This Lease shall be governed by and construed in accordance with the laws of Massachusetts and, if any provisions of this Lease shall to any extent be invalid, the remainder of this Lease, and the application of such
provisions in other circumstances, shall not be affected thereby. This Lease may be amended only by an instrument in writing executed by Landlord and Tenant. The titles of the several Articles and Sections contained herein are for convenience only
and shall not be considered in construing this Lease. 
 ARTICLE 15 
 SUCCESSORS AND ASSIGNS, ETC. 
 15.1 It is understood and agreed that the covenants and
agreements of the parties hereto shall run with the land and that no covenant or agreement of Landlord, expressed or implied, shall be binding upon Landlord except in respect of any breach or breaches thereof committed during Landlord’s seisin
and ownership of the Premises. If Landlord acts as a Trustee or Trustees of a trust in making this Lease only the estate for which Landlord acts shall be bound hereby, neither any such Trustee executing this Lease as Landlord nor any shareholder or
beneficiary of such trust shall be personally liable for any of the covenants or agreements of Landlord expressed herein or implied hereunder or otherwise because of anything arising from or connected with the use and occupation of the Premises by
Tenant. Reference in this Lease to “Landlord” or to “Tenant” and all expressions referring thereto, shall mean the person or persons, natural or corporate, named herein as Landlord or as Tenant, as the case may be, and the heirs,
executors, administrators, successors and assigns of such person or persons, and those claiming by, through or under them or any of them, unless repugnant to the context. If Tenant or Landlord is a partnership or a firm of several persons, natural
or corporate, the obligations of each person executing this Lease as Tenant or Landlord, respectively, shall be joint and several. Any person who signs this Lease for Tenant or for Landlord in a representative capacity personally warrants and
represents that he or she is duly authorized to do so. 
 15.2 It is further understood and agreed that Tenant shall look solely to the estate and property
of Landlord in the Premises for the satisfaction of Tenant’s remedies for the collection of a judgment (or other judicial process) requiring the payment of money by Landlord in the event of any default or breach by Landlord with respect to any
of the terms, covenants and conditions of this Lease to be observed or performed by Landlord and any other obligations of Landlord created by or under this Lease, and no other property or assets of Landlord or of its partners, beneficiaries,
co-tenants, shareholders or principals (as the case may be) shall be subject to levy, execution or other enforcement procedures for the satisfaction of Tenant’s remedies. 
  

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 ARTICLE 16 
 LANDLORD’S ACCESS 
 Landlord and its authorized agents, employees, subcontractors and
representatives shall have the right to enter the Premises at any time during emergencies (Landlord agrees to use reasonable efforts to notify Tenant of any such emergency) and at all reasonable times with reasonable prior notice for any of the
following purposes: (a) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease; (b) to do any necessary maintenance and to make such repairs, alterations, improvements
or additions in or to the Premises as Landlord has the right or obligation to perform under this Lease, as Landlord may be required to do or make by law, or as Landlord may from time to time deem necessary or desirable; (c) to exhibit the
Premises to prospective tenants during the last nine (9) months of the Lease Term or during any period while an Event of Default exists hereunder; and (d) to show the Premises to prospective lenders, brokers, agents, buyers or persons
interested in an exchange, at any time during the Lease Term. 
 If, at any time during the last month of the Lease Term, Tenant shall have
removed all of Tenant’s property from all or any portion(s) of the Premises, Landlord may, subject to Tenant’s prior consent, immediately enter and alter, renovate and decorate the same, and such acts shall have no effect upon
Tenant’s remaining obligations and covenants under this Lease. 
 ARTICLE 17 
 CONDITION OF PREMISES 
 17.1 As Is. The
Premises are being delivered to Tenant in their “as is” condition, except as set forth in this Article. Notwithstanding anything to the contrary in this Lease, Landlord warrants that on the Term Commencement Date hereof, the Premises,
including the improvements and equipment (including the HVAC, plumbing, electrical, mechanical and life safety systems) therein, shall be in good working order, condition, and repair. Notwithstanding the foregoing, Landlord shall not be liable to
Tenant for any breach of the foregoing warranty unless Tenant has notified Landlord within thirty (30) days of the Term Commencement Date of any respect in which the Premises are not, as of the Term Commencement Date, in such good working
order, condition and repair and Landlord has failed, within a reasonable time thereafter, to remedy such defect. 
 17.2 Landlord’s Work.
Landlord shall perform the work described in the plans attached as Exhibit D (“Landlord’s Work”) at no cost to Tenant whatsoever. Landlord covenants and represents that Landlord’s Work shall be completed in a good
and workmanlike manner and in compliance with all applicable Legal Requirements. Landlord shall pay all the costs incurred by Landlord in connection with the performance of the Landlord’s Work. 
 ARTICLE 18 
 WARRANTY REGARDING
BROKER 
 Each of Tenant and Landlord warrant that it was introduced to the Premises by the party or parties named in the Definitions section of this
Lease as the “Broker,” and knows of no other 

  

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Broker which was involved in this transaction in any way or is entitled to any brokerage commission or similar fee or charge in connection with this Lease.
Tenant an Landlord each agree to indemnify the other party and the Broker (if any) against any costs incurred by either (including attorneys’ fees) if the foregoing warranty is untrue. Landlord shall be solely responsible for paying all
brokerage fees to the brokers named in the Definitions section of the Lease. 
 ARTICLE 19 
 FORCE MAJEURE 
 In the event that Landlord or
Tenant shall be delayed, hindered in or prevented from the performance of any act required hereunder other than the payment of any Base Rent, Additional Rent or other sums payable hereunder by reason of strikes, lock-outs, labor troubles, inability
to procure materials, failure of power (each of the foregoing conditions being of a general nature and not applicable only to, or caused by, the party so delayed), newly enacted restrictive governmental laws or regulations, riots, insurrection, the
act, failure to act or default of the other party, war or other reason beyond their reasonable control (“Force Majeure”), then performance of such act shall be excused for the period of the delay and the period for the performance
of any such act shall be extended for a period equivalent to the period of such delay. Force Majeure shall not be construed to excuse Landlord or Tenant from making any payments due hereunder in a timely manner as set forth in this Lease or from
performing any covenant or obligation imposed under this Lease by reason of the financial inability of Landlord or Tenant. The party claiming Force Majeure shall give written notice of the same as soon as reasonably practicable to the other party,
and shall use commercially reasonably efforts to minimize the time period of Force Majeure. 
 ARTICLE 20 
 HAZARDOUS MATERIALS 
 Tenant
shall not (either with or without negligence) cause or permit the escape, disposal, release or threat of release of any biologically or chemically active or other Hazardous Materials (as said term is hereafter defined) on, in, upon or under the
Premises of the Site. Tenant shall not allow the generation, storage, use or disposal of such Hazardous Materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the generation, storage, use and
disposal of such Hazardous Materials, nor allow to be brought into the Premises or the Site any such Hazardous Materials, except for use in the ordinary course of Tenant’s business, and then only after written notice is given to Landlord of the
identity of such Hazardous Materials (such notice shall not be required for reasonable amounts of standard office supplies and cleansing supplies). Hazardous Materials shall include, without limitation, any material or substance which is
(i) petroleum, (ii) asbestos, (iii) designated as a “hazardous substance” pursuant to Section 311 of the Federal Water Pollution Control Act, 33 U.S.C. §1251 et seq. (33 U.S.C. §1321) or listed pursuant to
§307 of the Federal Water Pollution Control Act (33 U.S.C. §1317), (iv) defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation and Recover Act, 42 U.S.C. 6901 et seq. (42 U.S.C.
§6903), (v) defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §9601 et seq. (42 U.S.C. §9601), as amended, or
(vi) defined as “oil” or a “hazardous waste”, a “hazardous substance”, a “hazardous material” or a “toxic material” under any other law, rule or regulation applicable to the Property, including,


  

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without limitation, Chapter 21E of the Massachusetts General Laws, as amended. If any lender or governmental agency shall ever require testing to ascertain
whether or not there has been any release of Hazardous Materials, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as additional charges but only if such requirement applies to the Premises and is the result of
the acts or omissions of Tenant. In addition, Tenant shall execute affidavits, representations and the like, from time to time, at Landlord’s request concerning Tenant’s best knowledge and belief regarding the presence of Hazardous
Materials in the Premises or the Site. In all events, Tenant shall indemnify and save Landlord harmless from any claims based on the release on threat of release or the presence or existence of Hazardous Materials in the Premises or the Site caused
by Tenant or persons acting under Tenant. The within covenants and indemnity shall survive the expiration or earlier termination of the Lease Term. Landlord expressly reserves the right to enter the Premises to perform regular inspections. Landlord
agrees to save Tenant harmless and to indemnify Tenant from and against any liability, injury loss, claim, damage, settlement, attorneys’ fees, fines, penalties, interest or expense which may be incurred by Tenant (including, without,
limitation, any cost which Landlord may incur for testing and remediation) arising from any release, presence or existence of Hazardous Materials which existed on the Site prior to Tenant’s occupation of the Premises. In no event shall Tenant
be responsible for any Hazardous Materials existing on the Premises as of the Commencement Date. 
 ARTICLE 21 
 EXTENSION PERIOD 
 20.1 Option to Extend
Lease Term. Tenant shall have one (1) right and option, which said option shall not be severed from this Lease or separately assigned, mortgaged or transferred, at its election, to extend the Original Lease Term for an additional period of
three (3) years (the “Extension Period’) commencing upon the expiration of the Original Lease Term, provided that (a) Landlord shall receive written notice from Tenant of the exercise of its election at least nine
(9) months prior to the expiration of the Original Lease Term but no sooner than twelve (12) months prior to the expiration of the Original Lease Term, (b) no Event of Default shall exist at the time of Landlord’s receipt of such
notice and at the expiration of the Original Lease Term; and (c) the original Tenant named herein or any Affiliate is itself occupying the entire Premises both at the time of giving the applicable notice and at the commencement of the Extension
Period. If Landlord shall receive notice of the exercise of the election in the manner and within the time provided aforesaid, the Original Lease Term shall be extended upon the receipt of the notice without the requirement of any action on the part
of Landlord or Tenant, except as may be required in order to determine Base Rent as hereinafter provided. Except for the amount of Base Rent (which is to be determined as hereinafter provided), all the terms, covenants, conditions, provisions and
agreements in the Lease contained shall be applicable to the Extension Period, except that there shall be no further options to extend the Lease Term nor shall Landlord be obligated to make or pay for any improvements to the Premises nor pay any
inducement payments of any kind or nature. Landlord hereby reserves the right, exercisable by Landlord in its sole discretion, to waive (in writing) any condition precedent set forth in clauses (a), (b) or (c) above. Time is of the essence
with respect to the exercise of the option contained herein. Tenant shall not have the right to give any notice exercising such option after the expiration of the applicable time limitation set forth herein, and any notice given after such time
limitation 

  

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purporting to exercise such option shall be void and of no force or effect, unless Landlord has waived in writing clause (a) above. 
 20.2 Determination of Option Rent. During the Extension Period, the Base Rent payable hereunder for the Extension Period shall be adjusted as of the commencement
of the Extension Period so as to equal the then “fair market rent”, as mutually determined by Landlord and Tenant through the process of negotiation, but shall in no event shall the “fair market rent” be less than the Base Rent
per annum for and with respect to the last twelve (12) calendar months of the Original Lease Term. Notwithstanding anything to the contrary contained herein, however, if for any reason Landlord and Tenant shall not agree in writing upon the
“fair market rent” for the Extension Period at least six (6) months prior to the commencement of the Extension Period, then the fair market rent for premises of the size and nature of the Premises shall be determined by licensed real
estate brokers having at least five (5) years’ experience in the leasing of commercial real estate in the Greater Boston, Massachusetts area, one such broker to be designated by each of Landlord and Tenant. If either party shall fail to
designate its broker by giving notice of the name of such broker to the other party within fifteen (15) days after receiving notice of the name of the other party’s broker, then the broker chosen by the other party shall determine the fair
market rent and his determination shall be final and conclusive. If the brokers designated by Landlord and Tenant shall disagree as to the fair market rent, but if the difference between their estimates of fair market rent shall be five percent
(5%) or less of the greater of the estimates, then the average of their estimates shall be the fair market rent for purposes hereof. If the brokers designated by Landlord and Tenant shall disagree as to the amount of fair market rent, and if
their estimates of fair market rent shall vary by more than five percent (5%) of the greater of said estimates, then they shall jointly select a third broker meeting the qualifications set forth above, and his estimate of fair market rent shall
be the fair market rent for purposes hereof if it is not greater than the greater of the other two estimates and not less than the lesser of the other two estimates. If said third broker’s estimate is greater than the greater of the other two
estimates, then the greater of the other two estimates shall be the fair market rent for purposes hereof; and if the estimate of the third broker shall be less than the lesser of the other two estimates, then the lesser of the other two estimates
shall be the fair market rent for purposes hereof. Each of Landlord and Tenant shall pay for the services of its broker, and if a third broker shall be chosen, then each of Landlord and Tenant shall pay for one-half of the services of the third
broker. 
 20.3. Annual Increases in Option Rent. Commencing with the second Lease Year of the Extension Period and for and with respect to each
subsequent lease year during the Extension Period, the Base Rent shall be adjusted and increased (but never decreased) by an amount (the “Annual Adjustment”) equal to the CPI Percentage (as said term is hereinafter defined)
multiplied by the Base Rent for the immediately preceding Lease Year (inclusive of all prior Annual Adjustments). For purposes of this provision, a “Lease Year” shall be each twelve (12) calendar month period beginning on that
certain date which is the commencement date of the second year of the Extension Period (the “Lease Year Commencement Date”) and ending on the day prior to the second anniversary of each Lease Year Commencement Date and each
succeeding twelve (12) calendar month period. In no event shall the Annual Adjustment ever be less than zero or ever result in a reduction in the Base Rent below the Base Rent for the prior Lease Year. As used herein, the term “CPI
Percentage” shall mean the percentage increase, if 

  

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any, in the Consumer Price Index (1982-84 = 100) for the Urban Wage Earners and Clerical Workers, All Items, published by the Bureau of Labor Statistics of
the United States Department of Labor for Boston, MA (the “Index”) (or if there ceases to be such publication, any other substantially equivalent index selected by Landlord which is generally recognized to measure changes in the
cost of living for Boston, Massachusetts), between the Index published on that certain date (the “Index Date”) which is three (3) calendar months prior to the date of commencement of the Lease Year within the Extension Period
for which an Annual Adjustment is to be made and the Index last published prior to twelve (12) calendar months prior to the Index Date. 
 [SIGNATURES ON THE NEXT PAGE] 
  

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 IN WITNESS WHEREOF, Landlord and Tenant have caused this Lease to be duly executed, under seal, by
persons hereunto duly authorized, as of the date first set forth above. 
 LANDLORD: 
  

			
	Billtech Equity Partners, LLC,
	a Delaware limited liability company
		
	By:	 	 KC Everest, LLC, a Massachusetts limited liability company,
 its Manager

		
	By:	 	 /s/ Kambiz Shahbazi

		 	Kambiz Shahbazi
		 	Managing Member

 TENANT:  
 Danger, Inc., a Delaware corporation 
  

					
	By:	 	 /s/ Henry R. Nothhaft

		 	Name:	 	Henry R. Nothhaft
		 	Title:	 	CEO
		 	Hereunto duly authorized

  

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 EXHIBIT A 
 PLAN OF THE PREMISES 
  

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 EXHIBIT B 
 SITE PLAN 
  

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 EXHIBIT C 
 LEGAL DESCRIPTION OF THE SITE 
 700 Technology Park Drive 
 The land at Technology Park Drive, Billerica, Middlesex County, Massachusetts, shown as “Lot B – 3.091 Acres” on a plan entitled “Subdivision of Land
in Technology Park Billerica, Massachusetts property of Technology Park VIII Limited Partnership” dated August 20, 1985 by Earle W. Soper, Jr., Registered Land Surveyor, recorded with Middlesex North District Deeds in Plan Book 150, Plan
1, and more particularly bounded and described as follows: 
 Beginning at a point (POB) on the westerly side line of Technology Park Drive marking the
southeasterly corner of Lot B and the northeasterly corner of Lot A; thence turning and running S 71 Degrees-28 – 57” W a distance of one hundred and ten and thirty-five hundredths (110.35) feet by Lot A, to a corner; thence turning
and running S 10 Degrees– 49 – 01” W three hundred and fifty-two and forty-six one hundredths (352.46) feet by Lot A, once again to a corner; thence turning and running by the land of Honeywell Information Systems, Inc. (An
abandoned R.R. Spur) on a curved line to the right having a radius of one thousand four hundred and sixteen and nineteen one hundredths (1416.19) feet and a length three hundred and seventy-three and seventy-three one hundredths
(373.73) feet respectively, to a point marking the northwesterly corner of Lot B and southerly side of Technology Park Drive; thence turning and running easterly by Technology Park Drive on a curve to the right having a radius of two hundred
and sixty (260.00) feet and a length of three hundred and seventy-nine and twenty-seven one hundredths (379.27) feet; thence turning and running S 18 Degrees-31’ – 03” B a distance of one hundred and fifty-seven and
twenty-six hundredths (157.26) feet, to a corner on the westerly side of Technology Park Drive being the point of beginning (POB). 
  

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 EXHIBIT D 
 LANDLORD’S WORK 
  

	 	•	 	 Demo those walls as indicated on the attached plan 


  

	 	•	 	 Matching existing construction, construct approximately 70 liner feet of sheet rock walls, to the existing ceiling, as indicated on the attached plan reusing all
existing doors and frames 


  

	 	•	 	 Furnish and install 9 locking lever sets with 2 keys per door 


  

	 	•	 	 Furnish and install one 4’x8’x3/4” fire treated plywood for telephone room 


  

	 	 •
	 	 The existing kitchen cabinets shall be replaced with a new 6’ unit and new laminate counter top. The break room
will also receive a 5 gallon hot water heater above the sink, an instant hot water spigot, a dishwasher and a  1/2 horsepower garbage disposal. 


  

	 	•	 	 Furnish and install 6’ of upper and lower kitchen cabinets with laminate counter top in the copy/fax area 


  

	 	•	 	 Furnish and install laminate counter top and melamine wall mounted shelving above the counter in test lab 


  

	 	•	 	 Furnish and install a 2 ton ductless split HVAC unit in the MDF room 


  

	 	•	 	 Readjust or relocate the existing HVAC duct work and diffusers to accommodate the new layout 


  

	 	•	 	 Replace any damaged or soiled ceiling tiles with a match as close as possible 


  

	 	•	 	 Tenant shall complete all data and telephone wiring 


  

	 	•	 	 Electrical consists of the following: 


  

	 	1.	Make safe from demolition 

  

	 	2.	Rewire large office overhead lighting, existing fixtures will be reused. 

  

	 	3.	Rewire the existing overhead light switching to accommodate the new layout 

  

	 	4.	Insure all existing overhead lighting is fully operational and re-lamped with 3500k bulbs 

  

	 	5.	Provide power to the vendor supplied feed for the cubicles at the rate on one 20 amp 110volt circuit per each 3 cubes (10 circuits), tenant to provide power poles if electrical
feeds cannot be run inside a wall or interior lally column 

  

	 	6.	Furnish and install one floor mounted duplex outlet with provision for data (data by tenant) in the center of 2 conference rooms 

  

	 	7.	Furnish and install continuous wall mounted Wire Mold 4000 series (data/power) with duplex outlets at 18”o/c the full length of the test lab counter top


  

	 	8.	Furnish and install 1 dedicated 110v 30 amp and 2 dedicate 110v 20 amp duplex outlets, 2 regular duplex outlets and one 208v 30 amp outlet in the MDF room. 


 

	 	9.	Furnish and install 2 – dedicated 110v 20amp duplex outlets and 2 duplex outlets above break room counter 

  

	 	10.	Furnish and install 1 110v 20amp dedicated duplex outlet and 3 duplex outlets above the counter in the copy/fax area 

  

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	 	11.	Furnish and install a continuous conduit from the telephone room to the MDF room 

  

	 	•	 	 Replace the carpet in the entire suite, except those areas noted as being tiled with vinyl composition floor tile, using Landlord’s standard carpet (16.50/ sq
yd allowance), color to be selected by Tenant 


  

	 	•	 	 Furnish and install 4” vinyl cove base with toe throughout the suite color to compliment the carpet selection 


  

	 	•	 	 Strip and wax all existing tile floors (Note: landlord not responsible for pre-existing stains, scratches or gouges in existing tile). Any broken or cracked tile
will be replaced in a similar color/style. 


  

	 	•	 	 Paint all walls to match as close as possible to existing color from Landlord’s stock selection book. All door frames will be painted in semi-gloss paint and
the doors will be lightly sanded and one coat of poly or paint applied 


  

	 	•	 	 The existing window treatments will be repaired and fully operational. 


  

	 	•	 	 A construction clean up will be completed at the end of the project 


  

	 	•	 	 Any changes requested of this scope of work during construction will be at tenants sole cost and expense. All change orders will be approved by Tenant in writing
and the funding for the change order will be required in advance of the work starting. 


  

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 EXHIBIT E 
 RULES AND REGULATIONS 
 The following rules and regulations shall apply to the Premises, the
Building and the Site, and the appurtenances thereto. In the event of any inconsistency between the Lease and these Rules and Regulations, the provisions of the Lease shall control. 
 1. Sidewalks, doorways, vestibules, halls, stairways, and other similar areas shall not be obstructed by tenants or used by any tenant for purposes other
than ingress and egress to and from their respective premises and for going from one to another part of the Building. 
 2. Plumbing fixtures
and appliances shall be used only for the purposes for which designed, and no sweepings, rubbish, rags or other unsuitable material shall be thrown or deposited therein. Damage resulting to any such fixtures or appliances from misuse by a tenant or
its agents, employees or invitees, shall be paid by such tenant. 
 3. No signs, advertisements or notices shall be painted or affixed on or
to any windows or doors or other part of the Building without the prior written consent of Landlord, which shall not be unreasonably withheld. No nails, hooks or screws shall be driven or inserted in any part of the Building except by Building
maintenance personnel. No curtains or other window treatments shall be placed between the glass and the Building standard window treatments. 
 4. Movement in or out of the building of furniture or office equipment, or dispatch or receipt by tenants of any bulky material, merchandise or materials shall be conducted so as to minimize any interference with the operations of other
tenants and occupants and in such a manner a Landlord may reasonably require. Each tenant assumes all risks of and shall be liable for all damage to articles moved and injury to persons or public engaged or not engaged in such movement, including
equipment, property and personnel of Landlord if damaged or injured as a result of acts in connection with carrying out this service for such tenant, subject to Section 6.3 of the Lease. 
 5. Landlord may prescribe reasonable weight limitations and determine the locations for safes and other heavy equipment or items, which shall in all
cases be placed in the Building so as to distribute weight in a manner acceptable to Landlord which may include the use of such supporting devices and Landlord may require. Subject to Section 6.3 of the Lease, all damages to the Building or the
Site caused by the installation or removal of any property of a tenant, or done by a tenant’s property while in the Building or at the Site, shall be repaired at the expense of such tenant. 
 6. No birds or animals shall be brought into or kept in, on or about any tenant’s premises. No portion of any tenant’s premises shall at
anytime be used or occupied as sleeping or lodging quarters. 
  

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 7. Tenant shall cooperate with Landlord’s employees in keeping the Building and the Site neat and
clean. 
 8. Tenant shall not make or permit any vibration or improper, objectionable or unpleasant noises or odors in the Building or
otherwise interfere in any way with other tenants or persons having business with them. 
 9. Landlord will not be responsible for lost or
stolen personal property, money or jewelry from tenant’s premises or public or common areas regardless of whether such loss occurs when the area is locked against entry or not. 
 10. No vending or dispensing machines of any kind may be maintained in any premises without the prior written permission of Landlord, but in any event
not more than one (1). 
 11. Tenant shall not conduct any activity on or about the premises or Building which will draw pickets,
demonstrators, or the like. 
 12. All vehicles are to be currently licensed, in good operating condition, parked for business purposes
having to do with Tenant’s business operation in the Premises, parked within designated parking spaces, one vehicle to each space. No vehicle shall be parked as a “billboard” vehicle in the parking lot. Any vehicle parked improperly
may be towed away. Tenant, Tenant’s agents, employees, vendors and customers (“Tenant Parties”) who do not operate of park their vehicles as required shall subject the vehicle to being towed at the expense of the owner or
driver. Landlord may place a “boot” on the vehicle to immobilize it and may levy a charge to remove the “boot”. Tenant shall indemnify, hold and save harmless Landlord of any liability arising from the towing or booting of any
vehicles belonging to a Tenant Party. 
 13. No tenant may enter into phone rooms, electrical rooms, mechanical rooms, or other service areas
of the Building unless accompanied by landlord or the Building manager. 
 14. Canvassing, soliciting, and peddling in the Building are
prohibited and Tenant shall cooperate to prevent the same. 
 15. Tenant shall keep the premises free at all times of pests, rodents and
other vermin, and at the end of each business day Tenant shall place for collection in the place or places provided therefor all trash and rubbish then in the premises. 
 16. Landlord reserves the right to rescind, alter, waive and/or establish any rules and regulations, which, in its judgment, are necessary, desirable or proper for its best interests and the best interests of the
occupants of the Building. 
 17. All of the work done by Tenant shall be done by such contractors, labor and means so that, as far as may be
possible, all work on the Site or in the Building, whether by Landlord or Tenant, shall be done without interruption on account of strikes, work stoppages or similar causes of delay. 
  

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 18. The Building is a smoke free building, and Tenant shall cause its employees and invitees who smoke to
restrict such smoking to areas designated as “smoking areas” by Landlord from time to time. 
  

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