Lease Amendment. Following the later to occur of # the date on which Landlord and Tenant agree upon the Prevailing Market Rent or # the date on which the Prevailing Market Rent is otherwise determined by the Baseball Arbitrator, Landlord shall prepare and deliver to Tenant an amendment to this Lease and Landlord and Tenant shall reasonably cooperate to execute an amendment to this Lease setting forth the terms as to the applicable Extension Period within thirty (30) days following Landlord’s delivery of such amendment, provided, however, the failure of Landlord and Tenant to execute such amendment shall not otherwise impact Tenant’s lease of the Premises for the extension of the Term for the Extension Period including, but not limited to, the Rent and other amounts to be paid during the Extension Period, which shall be binding on Landlord and Tenant.

Lease Amendment. Following the later to occur of # the date on which Landlord and Tenant agree upon the Prevailing Market Rent for the Available ROFO Space, or # the date on which the Prevailing Market Rent for the Available ROFO Space is otherwise determined by the Baseball Arbitration Method, Landlord shall prepare and deliver to Tenant an amendment to this Lease and Landlord and Tenant shall reasonably cooperate to execute an amendment to this Lease setting forth the terms as to the applicable Available ROFO Space within thirty (30) days following Landlord’s delivery of such amendment, provided, however, the failure of Landlord and Tenant to execute such amendment shall not otherwise impact or negate Tenant’s lease of the Available ROFO Space upon the terms and conditions determined in accordance with this Article XXIX, which shall be binding on Landlord and Tenant.

New Lease; Lease Amendment. If Tenant leases the Station 5 Premises pursuant to this Paragraph 42, Landlord shall prepare, and Landlord and Tenant shall execute within thirty (30) days after Tenant’s delivery of the Expansion Exercise Notice, # a new lease demising the Station 5 Premises on the same terms and conditions of this Lease as modified pursuant to Paragraph 42.3 (for purposes of this Paragraph 42, the “Station 5 Lease”).

Lease. The Property is being sold subject to an existing Lease of the Property dated September 21, 2006 by and between Seller, as lessor (pursuant to that certain Assignment and Assumption of Lease and Guaranty dated December 29, 2006 by and between AEI Fund Management XVII, Inc., a Minnesota corporation, as assignor, and Seller, as assignee), and Apple Indiana II LLC, a Delaware limited liability company, as lessee (the "Tenant") and Guaranty by Apple American Group LLC dated September 21, 2006, as amended by that certain Amendment to Lease and Guaranty dated December 23, 2013 (collectively, the "Lease"). The Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from Seller, all right, title, and interest of Seller in and to all leases and other agreements to occupy all or any portion of the Property that are in effect on the Effective Date or which Seller executed prior to Closing (as hereinafter defined) pursuant to the terms of this Agreement.

Ground Lease. The Borrower will promptly notify the Agent in writing of any default by a Fee Owner in the performance or observance of any of the terms, covenants and conditions on the part of a Fee Owner to be performed or observed under a Ground Lease. The Borrower will promptly deliver to the Agent copies of all material notices, certificates, requests, demands and other instruments received from or given by a Fee Owner to Borrower or a Subsidiary Guarantor under a Ground Lease.

Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the " XE "Lease Term" Lease Term") shall be as set forth in [Section 3.1] of the Summary, shall commence on the date set forth in [Section 3.2] of the Summary (the " XE "Lease Commencement Date" Lease Commencement Date"), and shall terminate on the date set forth in [Section 3.3] of the Summary (the " XE "Lease Expiration Date" Lease Expiration Date") unless this Lease is sooner terminated as hereinafter provided. For purposes of this Lease, the term " XE "Lease Year" Lease Year" shall mean each consecutive twelve (12) month period during the Lease Term. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in [Exhibit C], attached hereto, as a confirmation only of the information set forth therein, which Tenant shall execute (or provide factual corrections thereto) and return to Landlord within ten (10) days of receipt thereof.

Net Lease. This shall be a triple net Lease and Base Rent shall be paid to Landlord absolutely net of all costs and expenses, except as specifically provided to the contrary in this Lease. The provisions for payment of Operating Expenses and the Operating Expense Adjustment are intended to pass on to Tenant and reimburse Landlord for all costs and expenses of the nature described in Paragraph 7.1 incurred in connection with the ownership, management, maintenance, repair, preservation, replacement and operation of the Project and its supporting facilities and such additional facilities now and in subsequent years as may be determined by Landlord to be necessary or desirable to the Project.

Lease Provisions. The term “Premises” shall include the Roof Top Area for all purposes of this Lease (other than the payment of Base Rent and the calculation of percentages and figures based upon the rentable area of the Premises, including Tenant’s Proportionate Share). Without limiting the generality of the foregoing, Tenant shall cause the insurance required pursuant to Paragraph 8 to cover its use of the Roof Top Area, Tenant’s use, installation, repair and maintenance of the Roof Top Area shall be in compliance with Paragraph 4.3, and Tenant agrees that the indemnification contained in Paragraph 8 shall apply to the use, installation, repair and maintenance of the Roof Top Area. Tenant assumes all liability and risk related to its use of the Roof Top Area and damage to the Roof Top Area or personal property thereon from any cause whatsoever, including, but not limited to, theft, vandalism or damage by the elements.

Omniox Lease. As of the Expansion Premises Commencement Date, the 4th full paragraph of Section 2 of the Lease is hereby deleted in its entirety and replaced with the following:

The Landlord shall pay the rents reserved by the Superior Lease.

Lease Term. Subject to the remaining terms of this [Section 2.1], the terms and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the “Lease Term”) shall be as set forth in [Section 3.1] of the Summary, shall commence on the date set forth in [Section 3.2] of the Summary (the “Lease Commencement Date”), and shall terminate on the date set forth in [Section 3.3] of the Summary (the “Lease Expiration Date”) unless this Lease is sooner terminated as hereinafter provided. For purposes of this Lease, the term “Lease Year” shall mean each consecutive twelve (12) month period during the Lease Term; provided, however, that the first Lease Year shall commence on the Lease Commencement Date and end on the last day of the month in which the first anniversary of the Lease Commencement Date occurs (or if the Lease Commencement Date is the first day of a calendar month, then the first Lease Year shall commence on the Lease Commencement Date and end on the day immediately preceding the first anniversary of the Lease Commencement Date), and the second and each succeeding Lease Year shall commence on the first day of the next calendar month; and further provided that the last Lease Year shall end on the Lease Expiration Date. At any time during the Lease Term, ​ may deliver to ​ a notice in the form as set forth in [Exhibit C], attached hereto, as a confirmation only of the information set forth therein, which ​ shall execute and return to ​ within ten (10) business days of receipt thereof; provided that if said notice is not factually correct, then ​ shall make such changes as are necessary to make the notice factually correct and shall thereafter execute and return such notice to ​ within such ten (10) business day period. Such modified Notice of Lease Term Dates and Base Rent shall not be binding unless ​ countersigns the notice with ​’s changes. If ​

Lease Definitions. Effective as of, and for the period on and after, the Expansion Date, the following definitions in Paragraph 1 (Definitions) of the Lease are revised to read as follows (and any term used in the following definitions that is not defined in the Lease shall have the same meaning as set forth in this Amendment):

Net Lease. This shall be a net Lease and Base Rent shall be paid to Landlord net of all costs and expenses, except as specifically provided to the contrary in this Lease. The provisions for payment of Operating Expenses and the Operating Expense Reconciliation are intended to pass on to Tenant and reimburse Landlord for all costs and expenses of the nature described in Paragraph 4.1. incurred in connection with the ownership, management, maintenance, repair, preservation, replacement and operation of the Building and/or Project and its supporting facilities and such additional facilities now and in subsequent years as may be determined by Landlord to be necessary or desirable to the Building and/or Project.

Lease Files. The lease files for all tenants (“Lease Files”);

Lease Modification. The Lease shall be modified as follows:

Landlord and Tenant are parties to the Lease dated ​ (the "Original Lease"), as amended by that certain First Amendment to Lease dated ​ (the "First Amendment"), that certain Second Amendment to Lease dated ​ (the "Second Amendment"), and that certain Third Amendment to Lease dated ​ (the "Third Amendment", together with the Original Lease, First Amendment, Second Amendment, and Third Amendment, the "Lease") whereby Tenant leases certain space (the "Premises") within Building 3 of that certain project commonly known as "Kilroy Oyster Point" and more particularly described in the Lease.

Modification of Lease. Should any current or prospective mortgagee or ground lessor for the Building or Project require a modification of this Lease, which modification will not cause an increased cost or expense to Tenant or in any other way materially and adversely change the rights and obligations of Tenant hereunder or interfere with Tenant's use of the Premises, then and in such event, Tenant agrees that this Lease may be so modified and agrees to execute whatever documents are reasonably required therefor and to deliver the same to Landlord within ten (10) business days following a request therefor. At the request of Landlord or any mortgagee or ground lessor, Tenant agrees to execute a short form of Lease and deliver the same to Landlord within ten (10) business days following the request therefor.

Right to Lease. Landlord reserves the absolute right to effect such other tenancies in the Project as Landlord in the exercise of its sole business judgment shall determine to best promote the interests of the Building or Project. Tenant does not rely on the fact, nor does Landlord represent, that any specific tenant or type or number of tenants shall, during the Lease Term, occupy any space in the Building or Project.

Submission of Lease. Submission of this instrument for examination or signature by Tenant does not constitute a reservation of, option for or option to lease, and it is not effective as a lease or otherwise until execution and delivery by both Landlord and Tenant.

Notwithstanding any provision of the Lease to the contrary, the Lease shall automatically terminate and be of no further force or effect (except for the Surviving Obligations) and all of Tenant’s right, title and interest in the Expansion Premises shall terminate, effective as of ​ PM (Eastern) on ​ (the “Termination Date”) and Tenant shall vacate same on or before the Termination Date in accordance herewith. Effective as of the Termination Date, neither Tenant nor anyone claiming by, through, or under Tenant shall have any further rights with respect to any portion of the Expansion Premises or the Building, or the real property and improvements of which the Expansion Premises and the Building are a part, under the Lease or otherwise, and Tenant shall have no further obligations under the Lease except for the Surviving Obligations and except as expressly set forth in this Agreement, it being expressly acknowledged and agreed that any and all use restrictions or exclusive use rights with regard to the Expansion Premises, the Demised Premises, the Building or the Property (as such term is defined in the Lease), so called, in favor of Tenant (if any) are hereby terminated and forever released on and as of the Termination Date.