Exhibit
10.1.10


OFFICE LEASE AGREEMENT


[2985
BUILDING]


THIS
OFFICE LEASE AGREEMENT [2985 BUILDING] (this “Agreement”),
is made and entered into as of the 26th day of January 2007 (the “Effective Date”), by and between BUSINESS
PARK INVESTORS GROUP, LLC, a Delaware limited liability company,
successor-in-interest to AP-Southeast Realty LP, successor by name change to
Crocker Realty Trust, L.P., which, in turn, is successor-in—interest to
Connecticut General Life Insurance Company (“Landlord”)
and IMMUCOR, INC., a Georgia corporation (“Tenant”).


W I T N E S S E T H :


WHEREAS, Tenant and Landlord
entered into that certain Office Lease Agreement, dated as of February 2, 1996,
as amended by that certain First Amendment to Lease Agreement dated as of March
8, 1998, as amended by that certain Second Amendment to Lease Agreement dated
as of August 18, 1998, as amended by that certain Third Amendment to Lease
Agreement dated as of August 19, 1999, as amended by that certain Fourth
Amendment to Lease Agreement dated as of August 8, 2002, as amended by that
certain Amended and Restated Fifth Amendment to Lease Agreement dated as of
January 18, 2005, and as further amended by that certain Sixth Amendment to
Lease Agreement dated as of March 31, 2006 (as so amended, the “Base Lease”) with respect to the therein described space
(the “Existing Premises”) located as more
particularly described in the Lease in the buildings known as 2975 Gateway
Drive, Norcross, Georgia, 2990 Gateway Drive, Norcross, Georgia, 3130 Gateway
Drive, Norcross, Georgia, 3150 Gateway Drive, Norcross, Georgia, and 7000
Peachtree Industrial Boulevard, Norcross, Georgia  (individually and collectively, the “Building”) located in that certain office park known as
Colony Center Business Park (the “Building Project”);
and


WHEREAS, Landlord and Tenant
entered into that certain Amended and Restated Office Lease Agreement dated
January 26, 2007, for the sole purpose of partitioning the Base Lease by
individual Building on a stand alone basis (the “Amended and
Restated Lease”) as more particularly described and set forth
therein; and


WHEREAS, pursuant to the terms
and conditions set forth in the Amended and Restated Lease, any expansion by
Tenant to another building in the Building Park not then covered by the Base
Lease would be treated as Stand Alone Lease (as defined therein) for the
building in question; and


WHEREAS, Tenant and Tenant
desire to enter into a Stand Alone Lease for certain premises in the building
known as 2985 Gateway Drive, Norcross, Georgia (the “2985
Building”) into which Tenant desires to expand, subject to and in
accordance with the terms and conditions set forth in this Agreement.



 1
 









NOW, THEREFORE, in consideration
of the foregoing and the mutual promises and covenants contained herein, and for
other good and valuable consideration the receipt and sufficiency of which are
hereby acknowledged, Landlord and Tenant hereby agree as follows:


1.             Stand
Alone Lease. This Agreement shall be deemed to be a Stand Alone
Lease for all space leased by Tenant hereunder in the 2985 Building, on the
terms and conditions set forth in the Amended and Restated Lease as applicable
to a Stand Alone Lease.


2.             Expansion
Space. Effective on August 1, 2007 (the “Expansion
Effective Date”), Landlord does hereby lease, demise and let unto
Tenant, and Tenant hereby accepts, subject to the terms of the Amended and
Restated Lease as further modified and amended herein, 19,731 rentable square
feet of space known as Suite 300, and 12,448 rentable square feet of space
known as Suite 200, of the 2985 Building, for a total of 32,179 rentable square
feet in the aggregate, as more particularly shown cross-hatched on Exhibit A
attached hereto and made a part hereof (the “Expansion
Space”).  Following the
addition of the Expansion Space and thereafter during the Expansion Term (as
hereafter defined), the Expansion Space shall constitute the Premises under the
Lease.  The number of rentable square
feet in the Expansion Space includes an add-on factor for common areas in the
2985 Building and has been agreed upon by the parties as final and correct and
not subject to challenge or dispute by either party.


2.             Expansion
Term.  The demised term
with respect to the Expansion Space (“Expansion Term”)
shall commence on the Expansion Effective Date and shall continue through June
30, 2016, coterminous with the expiration of the demised term for the Existing
Premises. If such existing tenant or occupant of Suite 200 holds over, and
Landlord is delayed, using good faith efforts in Landlord’s discretion in
acquiring possession of Suite 200 prior to August 1, 2007, or if Landlord is
unable to tender possession of Suite 200 to Tenant on the specified date due to
any other reason beyond the control of Landlord, Landlord shall not be in
default hereunder nor in any way be liable to Tenant because of such delay, and
Tenant agrees to accept possession of Suite 200 at such time as Landlord is
able to tender the same. In such event, the commencement of the Lease Term with
respect to Suite 200 shall be postponed on a day for day basis. The deferment
of installments of Base Rent shall be Tenant’s exclusive remedy for
postponement of the Commencement Date, and Tenant shall have no, and waives
any, claim against Landlord because of any such delay. For purposes hereof,
Landlord’s “good faith efforts” shall not include bringing legal action to
compel such tenant to surrender the premises.


3.             Base Rent


A.            Except as set forth
herein, commencing on the Expansion Effective Date, all obligations for Common
Area Costs, Real Estate Taxes, Landlord’s Insurance Costs and all other charges
applicable to the Existing Premises during the Lease Term



 2
 









shall be
applicable to the Expansion Space during the Expansion Term calculated at the
same rates, amounts, and escalations.


B.            Anything to the
contrary in the foregoing notwithstanding, Base Rent for the Premises shall be
in accordance with the following:


	
  Time Period

  	
   

  	
  Base Rent Per Rentable

  Square Foot Per Annum

  	
   

  	
  Monthly Base Rent

  	
   

  
	
  08/1/2007-11/30/2007

  	
   

  	
   

  	
  $

  	
  7.49

  	
   

  	
  $

  	
  20,085.06

  	
   

  
	
  12/1/2007-11/30/2008

  	
   

  	
   

  	
  $

  	
  6.52

  	
   

  	
  $

  	
  17,483.92

  	
   

  
	
  12/1/2008-11/30/2009

  	
   

  	
   

  	
  $

  	
  6.76

  	
   

  	
  $

  	
  18,127.50

  	
   

  
	
  12/1/2009-11/30/2010

  	
   

  	
   

  	
  $

  	
  7.01

  	
   

  	
  $

  	
  18,797.90

  	
   

  
	
  12/1/2010-11/30/2011

  	
   

  	
   

  	
  $

  	
  7.28

  	
   

  	
  $

  	
  19,521.93

  	
   

  
	
  12/1/2011-11/30/2012

  	
   

  	
   

  	
  $

  	
  9.22

  	
   

  	
  $

  	
  24,724.20

  	
   

  
	
  12/1/2012-11/30/2013

  	
   

  	
   

  	
  $

  	
  9.50

  	
   

  	
  $

  	
  25,475.04

  	
   

  
	
  12/1/2013-11/30/2014

  	
   

  	
   

  	
  $

  	
  9.79

  	
   

  	
  $

  	
  26,252.70

  	
   

  
	
  12/1/2014-11/30/2015

  	
   

  	
   

  	
  $

  	
  10.08

  	
   

  	
  $

  	
  27,030.36

  	
   

  
	
  12/1/2015-06/30/2016

  	
   

  	
   

  	
  $

  	
  10.38

  	
   

  	
  $

  	
  27,834.84

  	
   

  



 


4.             Condition
of Expansion Space.


A.            Except as expressly
set forth in Section 4(B) below or in the Office Upfit Agreement attached
hereto as Exhibit B and by this reference made a part hereof, (i) the
Expansion Space shall be delivered to Tenant by Landlord “AS IS, WHERE IS AND
WITH ALL FAULTS” and (ii) Landlord is not obligated to perform any tenant
improvements therein or to provide any tenant improvement allowances with
respect thereto.


B.            Notwithstanding the
foregoing, Landlord represents and warrants that as of the Expansion Effective
Date: (i) the basic plumbing, heating, ventilating, air conditioning, sprinkler
and electrical systems and any conduits or connections thereto or distribution
systems thereof serving the Expansion Space shall be in good working order and
condition; and (ii) the Expansion Space is in compliance with all statutes,
codes, ordinances, rules, regulations and laws of all local, state and federal
authorities having jurisdiction over the Expansion Space and the Building
including, without limitation, to the best of Landlord’s knowledge, all
environmental laws and regulations; provided, however, Landlord shall not be
obligated to make an alterations or improvements to the Expansion Space to cure
any non-compliance caused (a) by Tenant’s specific use of the Expansion Space
or (b) by any loss of any legal non-compliant or “grandfathered” status of the
Expansion Space.  In all other cases,
Landlord, at Landlord’s sole cost (and without reimbursement by Tenant) shall
be responsible for correcting any failure of the Expansion Space to be in
compliance with current laws, codes, regulations and ordinances.  In addition, Tenant shall not be required to
pay any Base Rent, Tenant’s Share of Common Area Costs or any other sum with
respect to the Expansion Space during any such time as the Expansion Space
fails to comply with the terms of this Section 4(B) or is not free of all
tenancies.



 3
 









5.             Access to
Expansion Space. 
Following the Effective Date, Landlord agrees to allow Tenant and the
approved contractors of Tenant access to the Expansion Space for the purpose of
performing the Tenant Improvement Work (as defined in Exhibit B attached
hereto).  Such right of access shall be
subject to all of the terms, covenants and conditions of the Lease, except that
no Base Rent nor Tenant’s Share of Common Area Costs shall accrue with respect
to the Expansion Space prior to the Expansion Effective Date.


6.             Must Take
Expansion Space.


A.            Effective as of June
1, 2009 (the “Must Take Expansion Space Effective Date”),
Tenant must take and lease from Landlord in addition to the Expansion Space
certain premises in the 2985 Building adjacent to and contiguous with the
Expansion Space, comprised of 7,560 rentable square feet of space known as
Suite 100, and 5,140 rentable square feet of space known as Suite 150, for a
total of 12,700 rentable square feet in the aggregate (collectively the “Must Take Expansion Space”).


B.            The Lease Term with
respect to the Must Take Expansion Space shall commence on the Must Take
Expansion Space Effective Date and shall expire on June 30, 2016, so as to be
coterminous with the Expansion Term. If the Must Take Expansion Space becomes
available prior to the Must Take Expansion Space Effective Date, and Tenant
takes possession and occupancy thereof, all terms and provisions of the Lease
shall apply to such occupancy provided that Tenant shall not be obligated to
commence paying Base Rent or any other sum until the Must Take Expansion Space
Effective Date.


C.            Landlord shall lease
the Must Take Expansion Space to Tenant, and Tenant shall accept and lease the
Must Take Expansion Space from Landlord, effective as of the Must Take
Expansion Space Effective Date, in accordance with the same representations,
warranties, duties and obligations of Landlord and Tenant applicable to the
Expansion Space hereunder which shall, except as otherwise provided herein, apply
equally to the Must Take Expansion Space. Without limiting the generality of
the foregoing, commencing on the Must Take Expansion Space Effective Date, all
obligations for Base Rent, Common Area Costs, Real Estate Taxes, Landlord’s
Insurance Costs and all other charges applicable to the Expansion Space during
the remainder of the Expansion Term shall be applicable to the Must Take
Expansion Space calculated at the same rates, amounts, and escalations.


D.            Landlord shall provide
Tenant with a Tenant Improvement Allowance equal to Eighty-Six Thousand Three
Hundred Sixty and 00/100 Dollars ($86,360.00) for the Must Take Expansion
Space. Tenant shall complete the build out of all alterations and improvements
to the Must Take Expansions Space in accordance with the terms and conditions
set forth in the Office Upfit Agreement attached hereto as Exhibit B.



 4
 









E.             The same warranties
and representations made by Landlord with respect to the Expansion Space
pursuant to Paragraph 4.A and 4.B above shall be applicable to the Must Take
Expansion Space as of the Must Take Expansion Space Effective Date.  Notwithstanding anything to the contrary
herein, Tenant shall not be required to pay any Base Rent, Tenant’s Share of
Common Area Costs or any other sum with respect to the Must Take Expansion
Space during any such time as the Must Take Expansion Space fails to comply
with the terms of Section 4(B) or is not free of all tenancies.


F.             In the event Landlord
must relocate the existing tenant in Suite 150 to make the premises available
for Tenant by June 1, 2009, Tenant shall reimburse Landlord within thirty (30)
days of written demand (which demand shall contain reasonable backup
documentation for all costs sought to be reimbursed) of the lesser of (a)
$10,000.00 (the “Cap Amount”), or (b) fifty percent (50%) of all reasonable
costs and expenses (including, without limitation, reasonable moving costs)
actually incurred by Landlord to relocate such tenant from Suite 150 to “reasonably
equivalent space comparable in size and layout within the Building Project”, if
and to the extent available, in accordance with the terms and conditions of
such existing tenant’s lease. Provided, however, if the total costs to relocate
such tenant exceed 200% of the Cap Amount, then Landlord and Tenant shall for a
period of up to ten (10) business days negotiate in good faith in an effort to
reach an agreement as to the amount each party is willing to increase its
relative contribution in order that such excess costs would be paid in full. If
despite such good faith negotiations Landlord and Tenant fail to reach
agreement during such 10 business day period, then Landlord, in its sole
discretion, may elect to (i) pay 100% of such excess costs and relocate the
tenant in which event Tenant shall lease Suite 150 on the terms contained
herein, or (ii) not pay such excess costs, in which event the tenant shall not
be relocated and Landlord and Tenant shall be released from all further
obligations with respect to Suite 150. In the event such existing tenant or occupant
of Suite 150 holds over, and Landlord is delayed, using good faith efforts in
Landlord’s discretion in acquiring possession of Suite 150 prior to June 1,
2009, or if Landlord is unable to tender possession of Suite 150 to Tenant on
the specified date due to any other reason beyond the control of Landlord
(including, without limitation, if there is no space available within the
Building Project to relocate such tenant), Landlord shall not be in default
hereunder nor in any way be liable to Tenant because of such delay, and Tenant
agrees to accept possession of Suite 150 at such time as Landlord is able to
tender the same. In such event, the commencement of the Lease Term with respect
to Suite 150 shall be postponed on a day for day basis. The deferment of
installments of Base Rent and other sums shall be Tenant’s exclusive remedy for
postponement of the Commencement Date, and Tenant shall have no, and waives
any, claim against Landlord because of any such delay. For purposes hereof,
Landlord’s “good faith efforts” shall not include bringing legal action to
compel such tenant to surrender the premises.


G.            Within five (5) days
following Landlord’s written request, Tenant shall execute and deliver an
amendment to this Agreement prepared by Landlord’s counsel certifying (if true)
that Tenant has accepted delivery of the Must Take Expansion



 5
 









Space and memorializing
the terms and provisions applicable to Tenant’s lease of said space consistent
with this Paragraph 6.


7.             Acknowledgement. Tenant hereby
acknowledges that, to Tenant’s current knowledge (without inquiry), Landlord is
not in default of its obligations arising pursuant to the Lease as of the date
of this Agreement and that, except as set forth in Exhibit B attached
hereto, Landlord has fully performed any tenant improvement, buildout or
construction allowance obligations set forth in the Lease. Landlord hereby
acknowledges that, to Landlord’s current knowledge (without inquiry), Tenant is
not in default of its obligations arising pursuant to the Lease as of the date
of this Agreement


8.             Brokers.               Tenant warrants and
represents to Landlord that except for Jackson Oats Shaw Corporate Real Estate,
LLC (“Landlord’s Broker”), no broker,
finder, real estate agent or other person is entitled to a commission, fee or
other compensation in connection with or as a result of this Agreement or the
transactions contemplated hereby or hereunder. Tenant further warrants and
represents that no broker, finder, real estate agent or other person has
represented Tenant in any negotiations in connection with or as a result of
this Agreement or the transactions contemplated hereby or hereunder, including,
without limitation, Newmark Southern Region, LLC or its affiliates. The
commission of Landlord’s Broker shall be paid by Landlord pursuant to a
separate written agreement.  Tenant
hereby indemnifies and holds harmless Landlord from any and all claims, losses,
costs and damages (including reasonable attorneys’ fees) arising in connection
with any claims against Landlord for broker’s commissions, fees, or other
compensation; the foregoing indemnity shall not include the fees of the brokers
identified above.


9.             Authority.   Landlord and Tenant affirm and covenant that
each has the authority to enter into this Agreement, to abide by the terms
hereof, and that the signatories hereto are authorized representatives of their
respective entities empowered by their respective entities to execute this
Agreement.  Upon Landlord’s request,
Tenant shall provide evidence of the foregoing to Landlord.


10.           Miscellaneous.  To the extent the provisions of this
Agreement are inconsistent with the Amended and Restated Lease, the terms of
this Agreement shall control.  Except as
expressly amended or modified herein, all other terms, covenants and conditions
of the Amended and Restated Lease shall remain in full force and effect and
this Agreement shall be binding upon the parties hereto and their respective
successors and assigns.  This Agreement
shall be governed by the laws of the State in which the 2985 Building is
located. Any terms used in this Agreement as defined terms, but which are not
defined herein, shall have the meanings attributed to them in the Amended and
Restated Lease.  The submission of this
Agreement to Tenant for examination and consideration does not constitute an
offer to lease the Expansion Space, and this Agreement shall become effective
only upon the execution and delivery thereof by both Landlord and Tenant.  The Amended and Restated Lease, as modified
and



 6
 









amended hereby,
contains the entire agreement between the parties with respect to the Expansion
Space, and no representations, inducements, promises, agreements, oral or
otherwise, between the parties not embodied in the Amended and Restated Lease,
as modified and amended hereby, shall be of any force or effect.  Time is of the essence as to all of the
obligations of Tenant under the Amended and Restated Lease and this Agreement.
This Agreement has been negotiated “at arms length” by Landlord and Tenant,
each having the opportunity to be represented by legal counsel.  Therefore, this Agreement shall not be
strictly construed against either party by reason of the fact that one party
may have drafted this Agreement.  This
Agreement may be executed by the parties signing different counterparts of this
Agreement, which counterparts together shall constitute the agreement of the
parties.


[Signatures
commence on the following page]



 7
 









IN
WITNESS WHEREOF, the parties have entered into this Amendment as of the day and
year first above written.


	
  

  	
  LANDLORD:

  
	
   

  	
   

  
	
   

  	
  BUSINESS PARK INVESTORS GROUP, LLC,

  
	
   

  	
  a Delaware limited liability company

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ 

  	
  Craig Bernstein

  	
   

  
	
   

  	
  Name:

  	
   

  	
  Craig Bernstein

  	
   

  
	
   

  	
  Title:

  	
   

  	
  Managing Member

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  TENANT:

  
	
   

  	
   

  
	
   

  	
  IMMUCOR, INC., a Georgia corporation

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ 

  	
  Ralph A. Eatz

  	
   

  
	
   

  	
  Name:

  	
   

  	
  Ralph A. Eatz

  	
   

  
	
   

  	
  Title:

  	
   

  	
  Senior Vice President

  	
   

  
								



 



 8















Exhibit A


Floor
Plan of Expansion Space


















Exhibit B


Office Upfit Agreement


This Office Upfit Agreement sets forth the terms and
conditions relating to the construction of the tenant improvements in the
Expansion Space pursuant to that certain Stand Alone Office Lease Agreement
[2985 Building] between BUSINESS PARK INVESTORS
GROUP, LLC, a Delaware limited liability company  and
IMMUCOR, INC., a Georgia corporation (“Tenant”). Unless otherwise defined herein, all defined
terms (as indicated by an initial capital letter), used herein shall have the
meaning ascribed to them in the Amendment.


1.                                       The “Tenant
Improvement Work” shall mean all of the build-out improvements to the Expansion
Space for Tenant to occupy and use the Expansion Space in accordance with this Exhibit
B. The Tenant Improvement Work for the Expansion Space shall be performed
by Tenant’s Contractor (as defined below). Tenant shall submit to Landlord for
Landlord’s approval (not to be unreasonably withheld, conditioned or delayed)
architectural plans, working drawings and specifications (including mechanical,
electrical and plumbing plans and specifications) for the Tenant Improvement
Work to be constructed and installed in the Expansion Space (collectively, the “Construction Drawings”).


2.                                       Following
the Effective Date, Tenant shall diligently pursue the preparation of the
Construction Drawings required to construct the Tenant Improvement Work in
substantial compliance with the Construction Drawings and all applicable codes,
ordinances and laws. Upon approval, the Construction Drawings shall be
incorporated in the Lease by this reference for all relevant purposes. The
Construction Drawings shall be subject to approval of Landlord (not to be
unreasonably withheld, conditioned or delayed) and Tenant and the government
officials having jurisdiction over same. Tenant shall submit Tenant’s initial
architectural plan within thirty (30) days following the Effective Date. Tenant
shall make all subsequent submittals in response to Landlord’s comments and
revisions thereto within three (3) business days following receipt thereof from
Landlord until final completion and approval of the Construction Drawings by
the parties. The Construction Drawings shall be prepared by a licensed
architect (the “Tenant’s Architect”) of Tenant’s
choosing approved by Landlord (not to be unreasonably withheld, conditioned or
delayed).   Landlord hereby approves of
Jova/Daniels/Busby Architects as Tenant’s Architect.


3.                                       Notwithstanding
Landlord’s approval, Tenant shall nonetheless be solely responsible for the
content of the Construction Drawings, coordination of said plans and
specifications with base Building design, and all associated fees and costs
(which may be paid from the Tenant Improvement Allowance). The approved
Construction Drawings shall satisfy the requirements of all applicable local,
state, and federal codes, laws, statutes, ordinances, regulations, rules and
orders, building codes, and decisions of building inspectors, as well as the













applicable
standard of care of design professionals for such work in Atlanta, Georgia.


4.                                       Tenant shall
not make any material changes to the approved Construction Drawings without
receiving Landlord’s prior written approval, such approval not to be
unreasonably withheld, delayed, or conditioned.


5.                                       The design
(layouts, fixtures and finishes) of the Tenant Improvement Work for the
Expansion Space shall be equal to and consistent with the quality of design of
the 2985 Building.  The equipment and
other technical requirements of the plans and specifications shall be
consistent and compatible with the technical requirements of the Building, and
shall be subject to Landlord’s approval, such approval not to be unreasonably
withheld, delayed, or conditioned. 
Tenant shall ensure that nothing in the approved plans and
specifications or in Tenant’s use of the Expansion Space shall cause any
warranty related to equipment or systems for the Building to be violated or
invalidated, provided that such warranties have been made available to Tenant.


6.                                       As Landlord’s
contribution to the cost of the Tenant Improvement Work, Landlord shall provide
Tenant with an allowance (the “Tenant Improvement
Allowance”) of up to Two Hundred Seventy-Nine Thousand Forty and
No/100 Dollars ($279,040.00). The Tenant Improvement Allowance shall only be
used to pay for the total hard and soft costs related to the design and
construction of the Tenant Improvement Work as approved by Landlord, cabling,
wiring, telecommunications costs, costs of furniture, fixtures and equipment,
and such other expenses as are expressly provided herein. Without limiting the
generality of the foregoing, the Tenant Improvement Allowance may be used to
pay for the costs of materials and labor; required permits; architectural,
engineering and space planning fees; general contractor’s overhead and profit;
and construction management fees payable to Landlord’s Construction Manager
designated below. Tenant shall bear the cost, if any, of the Tenant Improvement
Work over and above the Tenant Improvement Allowance.  Landlord shall fund up to the maximum amount
of the Tenant Improvement Allowance (net of Landlord’s construction management
fees) within thirty (30) days following Tenant’s request for payment made after
substantial completion of the Tenant Improvement Work, together with paid
invoices and signed final lien waivers from all contractors and subcontractors
performing all or any portion of the Tenant Improvement Work. Any unused
portion of the Tenant Improvement Allowance shall be applied as a credit
against Rent.


7.                                       Tenant shall
enter into a construction contract for the Tenant Improvement Work with a
general contractor of Tenant’s choosing approved by Landlord (“Tenant’s Contractor”). Tenant shall cause Tenant’s
Contractor to complete the Tenant Improvement Work by no later than the
Expansion Effective Date; provided, however, that the Expansion Effective Date
shall not be delayed if such work is completed after the Expansion Effective
Date or if Tenant has not taken occupancy and has commenced the operation of
its business by such date, except



 2
 









for
delays directly resulting from a breach of this Agreement by Landlord or as a
result of Acts of God or the elements, strikes, governmental orders, accidents,
or other conditions beyond the control of the Tenant in which event the
Expansion Effective Date shall be extended one day for every day that Tenant is
so delayed.  Landlord hereby approves of
Leapely Construction Group as Tenant’s Contractor.


8.                                       Intentionally
Deleted. 


9.                                       Tenant shall
be liable for any “corrective work” required due to or necessary to correct or
remedy any errors or omissions in the approved Construction Drawings (including
the failure of the approved Construction Drawings to meet the requirements of
state, county or local law so as to enable one to obtain building and occupancy
permits for the Expansion Space) or violations by Tenant of this Exhibit B
and the Lease. Such corrective work and any costs (including utilities),
expenses, and fees associated therewith, shall be paid promptly by Tenant.  If revisions to the approved Construction
Drawings are needed to obtain rebids for corrective work, Tenant shall be
responsible for directing the architects and the engineers in revising the
plans and specifications and shall pay all fees incurred in making such
revisions. Such revisions shall be subject to Landlord’s approval (not to be
unreasonably withheld, conditioned or delayed). Landlord shall approve or
reject such revisions within five (5) business days after delivery of any
revised plans and specifications.


10.                                 Tenant shall
be liable for the payment of all Rent applicable to the Expansion Space
commencing on the Expansion Effective Date. Landlord shall not be liable for
any delays in completion of the Tenant Improvement Work. Landlord shall be paid
a construction management fee to supervise the work performed by Tenant’s
Contractor. The construction management fee shall be equal to 5% of the hard
construction costs of the Tenant Improvement Work and shall be paid from the
Tenant Improvement Allowance.


11.                                 Landlord and
its designated construction manager shall be permitted to inspect the work
performed by Tenant’s contractors and subcontractors in the Expansion Space on
a regular basis.


12.                                 Tenant shall
not permit any liens to be filed against the Building (or the land upon which
it is situated) or the Expansion Space (including the work therein) by any
contractor engaged by Tenant, or by Tenant’s Contractor, and, if such lien is
filed, Tenant shall cause the lien to be released (by bond, undertaking, or
otherwise) within ten (10) days of the receipt of such notice of lien.  This provision shall be specifically
enforceable by Landlord.



 3