Equipment. All machinery, equipment, tools, dies, molds, parts, furniture and other tangible personal property included in the Purchased Assets whether or not reflected in the Unaudited Business Financial Statements, is in good operating condition and repair, ordinary wear and tear excepted.

Equipment. In the event special, custom, or Customer-dedicated equipment (the “Dedicated Equipment”) is to be acquired by WuXi ATU for the manufacture of Product such acquisition in a Work Order and:

Approved Sale. If the Board of Directors of the Company (the “Board”) shall deliver a notice to Grantee (a “Sale Event Notice”) stating that the Board has approved a sale of all or a portion of the Company through a sale of assets, securities, or otherwise (an “Approved Sale”) and specifying the name and address of the proposed parties to such transaction and the consideration payable in connection therewith, Grantee shall # consent to and raise no objections against the Approved Sale or the process pursuant to which the Approved Sale was arranged, # waive any dissenter’s rights and other similar rights, and # if the Approved Sale is structured as a sale of securities, agree to sell Grantee’s Shares on the terms and conditions of the Approved Sale which terms and conditions shall treat all stockholders of the Company equally (on a pro rata basis), except that shares having a liquidation preference may, if so provided in the documents governing such shares, receive an amount of consideration equal to such liquidation preference in addition to the consideration being paid to the holders of Shares not having a liquidation preference.

TRIS may, at any time during the Term direct that the Products be manufactured and/or Packaged for TRIS on a subcontractor basis by a Third Party manufacturer (an “Approved Manufacturer”). TRIS shall be responsible under this Agreement for any Products manufactured or Packaged by an Approved Manufacturer as if such Product had been manufactured or Packaged by TRIS. If TRIS uses an Approved Manufacturer, it shall bear the costs of transferring technology to the Approved Manufacturer and the Parties’ out-of- pocket regulatory filing costs in conjunction therewith, and the Transfer Price for Product shall continue to be the same price that it would have been without TRIS’ use of an Approved Manufacturer.

Approved Contractor. Tenant shall contract with a professionally licensed sign company approved by Landlord for the design, fabrication and installation of Tenant’s Signage.

Approved Investors. [Schedule AI] to the Repurchase Agreement is amended and restated in its entirety to read as set forth on [Exhibit C] to this Amendment.

#​ shall provide ​ with equipment financing in the amount of Five Hundred Thousand Dollars ($500,000.00 USD) (the

Graphite Equipment. Unless otherwise agreed in a Work Order, WuXi ATU will supply all Equipment necessary to perform the Services, except that Graphite will supply the Graphite Equipment, if any, set out in a Work Order. WuXi ATU will not use the Graphite Equipment except in performance of Services under the applicable Work Order. Title to the Graphite Equipment will remain with Graphite and WuXi ATU will ensure that the Graphite Equipment is properly labeled as Graphite property and remains free and clear of any liens or encumbrances. At Graphite’s written request and at Graphite’s reasonable expense, the Graphite Equipment will be returned to Graphite, or to Graphite’s designee. If agreed to in the relevant Work Order, WuXi ATU will be responsible, for maintenance of the Graphite Equipment (other than normal wear and tear). To the extent Graphite provides spare parts for the Graphite Equipment, such spare parts will remain the property of Graphite and will be used by WuXi ATU only for maintenance of the Graphite Equipment. WuXi ATU will promptly notify Graphite if at any time it believes any Graphite Equipment has been damaged, lost or stolen.

Telecommunications Equipment. All telephone and telecommunications services desired by Tenant shall be ordered and utilized at the sole expense of Tenant, including but not limited to cell enhancement/repeater distribution in the Premises. Unless Landlord otherwise requests or consents in writing, all of Tenant’s telecommunications equipment shall be and remain solely in the Premises and the telephone closet(s) (and any related ducts, shafts, risers and the like) designated by Landlord. Landlord shall have no responsibility for the maintenance of Tenant’s Telecomm Equipment. Landlord shall have the right, upon reasonable prior notice to Tenant (except in the event of an emergency), to interrupt or turn off telecommunications facilities as necessary in connection with repairs to the Building or installation of telecommunications equipment for other tenants, but in no circumstance shall Tenant’s telecommunications service be interrupted during Business Hours or unless Tenant has been provided with at least seventy-two (72) hours prior written notice thereof. In all cases, Landlord shall use commercially reasonable efforts to minimize the duration of any such interruption. Except as permitted by the terms of this Lease, Tenant shall not utilize any wireless communications equipment (other than usual and customary cellular telephones and related equipment for enhancement/repeater distribution in the Premises), including antennae and satellite receiver dishes, at the Premises or the Building, without Landlord’s prior written consent, which may be granted or withheld in Landlord’s reasonable discretion.

Stockholder Approved Performance Measures. Prior to the repeal of the exception relating to Performance-based Compensation under [Section 162(m)], Performance Measures for Performance-based Compensation were required to be based on any one or combination of the following: # earnings, including operating income, earnings before or after taxes, and earnings before or after interest, taxes, depreciation, and amortization; # book value per share; # pre-tax income, after-tax income, income from continuing operations, or after-tax operating income; # operating profit or improvements thereto; # earnings per common share (basic or diluted) or improvement thereto; # return on assets (net or gross); # return on capital; # return on invested capital; # sales, revenues or returns on sales or revenues or growth in sales, revenues or returns on sales or revenues; # share price appreciation; # total stockholder return; # cash flow, operating cash flow, free cash flow, cash flow return on investment (discounted or otherwise), improvements in cash on hand, reduction of debt, improvements in the capital structure of the Company including debt to capital ratios; # implementation or completion of critical projects or processes; # economic profit, economic value added or created; # cumulative earnings per share growth; # achievement of cost reduction goals; # return on stockholders’ equity; # total stockholders’ return improvement or relative performance as compared with other selected companies or as compared with Company, Subsidiary, division or business unit history; # reduction of days working capital, working capital or inventory; # operating margin or profit margin or growth thereof; # cost targets, reductions and savings, productivity and efficiencies; # strategic business criteria, consisting of one or more objectives based on meeting specified market penetration, geographic business expansion, customer satisfaction (including

unamortized portions of all CLIENT approved start-up costs and equipment costs (stationary and non-stationary). OHL shall provide CLIENT documents establishing the purchase price of such equipment and systems, and amortization calculations establishing the unamortized cost of such equipment and systems; and

Furniture, Fixtures and Equipment. Subtenant shall have the right to use during the Term the furnishings within the Subleased Premises and the Shared Area that are identified on Exhibit C attached hereto (the “Furniture”) at no additional cost to Subtenant. The Furniture is provided in its “AS IS, WHERE IS” condition, without representation or warranty whatsoever. Subtenant shall insure the Furniture under the property insurance policy required under the Master Lease, as incorporated herein, and pay all taxes with respect to the Furniture. Subtenant shall maintain the Furniture in good condition and repair, reasonable wear and tear excepted, and shall be responsible for any loss or damage to the same occurring during the Term. Subtenant shall surrender the Furniture to Sublandlord upon the termination of this Sublease in the same condition as exists as of the Commencement Date, reasonable wear and tear excepted. Subtenant shall not remove any of the Furniture from the Subleased Premises.

Information Technology (“IT”) Equipment. The parties acknowledge that each of Saul Company and [[Saul Centers:Organization]] will from time to time purchase computer, telephone, and other information technology-related equipment for individual employees (including, by way of example and not limitation, desktop computers and office telephones) (collectively, the “IT Equipment”). All IT Equipment costs shall be borne directly by the entity for whom that person works, and shall not be included in the IT Shared Costs (as hereinafter defined).

Tooling, Equipment and Materials. Subject to the mutual written consent of te Parties, if applicable, ​ will be reimbursed, at cost, for any specially-required equipment and/or fixtures (collectively, “Tooling”) and improvements to equipment and Tooling purchased by ​ needed for or used in the production of the Product (“Product Tooling”) and/or to perform ​’s obligations to ​. ​ will be responsible for normal maintenance of ​’s Tooling and equipment in its possession. Equipment and Tooling paid for by ​ remains the property of ​. Expenditures greater that Five Thousand Dollars ($5,000 USD) (hereinafter “Substantive Expenditures”) within any ninety (90) day period for Tooling or equipment will be made only with the prior written authorization of ​. Any

Radio Frequency Emitting Equipment. To the extent Tenant is operating radio frequency (RF) emitting equipment on the roof of or inside the Building, Tenant shall cooperate generally with Landlord and other carriers such that the Building’s rooftop shall be and remain in compliance with all rules and regulations of the U.S. Occupational Safety and Health Administration (“OSHA”) and the FCC relating to guidelines for human exposure to radio frequency or electromagnetic emission levels, as may be issued from time to time, including the rules and regulations adopted in FCC document OET 65 (which rules and regulations have also been adopted by OSHA). If Landlord in its reasonable judgment believes that the Equipment, either by itself or in conjunction with other equipment in or on the Building, may exceed permitted emission levels, then Tenant shall # promptly upon Landlord’s written request, at Tenant’s sole cost and expense, deliver to Landlord a reasonably acceptable certification or survey report

Tenant’s Security Equipment. Tenant shall have the right to # institute such security measures entirely within the Premises as it may determine in its sole discretion, at Tenant’s sole cost and expense and at no cost to Landlord , # install key-card systems to the Premises from the internal stairwells of the Common Areas adjacent to the Premises, and # install, at Tenant’s sole cost and expense, security fencing and/or other measures to secure the Building’s Subterranean Parking Facility, subject to Landlord’s reasonable approval of such fencing and other measures (collectively, “Tenant’s Security Equipment”), subject to all Applicable Laws, fire rating requirements and any so-called “fail safe open” requirements. The use of the internal stairwells pursuant to this Paragraph 16.3 shall not impair any existing approvals concerning the existing use and construction of the stairwells. At Tenant’s sole cost, Tenant shall be permitted to tie Tenant’s Security Equipment into the Base Building Systems if requested by Tenant provided that # Tenant’s Security Equipment is compatible with the Base Building Systems and # Tenant’s Security System does not materially and adversely interfere with the Base Building Systems. Landlord must have the ability, at all times, to access the stairwells and to activate any such Tenant Security Equipment; provided, however, that, except in the event of an emergency, Landlord shall not deactivate Tenant’s Security System, whether in connection with inspection, maintenance or repair of the Building’s fire/life safety system or otherwise, without providing reasonable prior notice to Tenant. Tenant shall keep and maintain any Tenant’s Security Equipment in good working order, condition and repair throughout the Term. In no event shall Tenant be entitled to any credit against Rent (including Tenant’s Proportionate Share of Operating Expenses) or to any exclusions from Operating Expenses in the determination of Tenant’s Proportionate Share of Operating Expenses. as a result of Tenant’s election to provide security measures or equipment to its Premises. Prior to the expiration or earlier termination of this Lease, Tenant shall, upon written request by Landlord, remove the Tenant’s Security Equipment and associated wiring and repair any damage to the Premises or the Building caused by such removal. Tenant acknowledges and agrees that Tenant’s use of the stairwell and the installation, operation and maintenance of the Tenant’s Security Equipment shall be at Tenant’s sole risk and Landlord shall have no liability whatsoever in connection therewith. For the sake of clarity, the waiver of liability with respect to the stairwell in the preceding sentence is limited to Tenant’s use of the stairwell and does not extend to Landlord’s obligation to construct the stairwell in accordance with the Building Plans and all Applicable Laws.

. The Performance-Based Restricted Stock Units are not subject to accelerated vesting upon termination of employment or service by reason of death, Disability or Approved Retirement.

The Bottler recognizes that increases in the demand for the Beverage, as well as changes in the Approved Containers, may from time to time require modifications or other changes in respect of its existing manufacturing, packaging, delivery or vending equipment or require the purchase of additional manufacturing, packaging, delivery or vending equipment. The Bottler agrees to make such modifications to existing equipment and to purchase and install such additional equipment as necessary with sufficient lead time to enable the introduction of new Approved Containers and the preparation and packaging of the Beverage in accordance with the continuing obligations of the Bottler to develop, stimulate and satisfy fully every demand for the Beverage in the Territory.

Tooling or equipment requiring Substantive Expenditures for third party calibration or refurbishment will require ​’s pre-approval and will be the financial responsibility of ​ if approved. In the event ​ is required to make a prepayment on Tooling or equipment, ​ will reimburse ​ at the time the prepayment is made.