Limitation on 14th Floor Expansion Option. Notwithstanding the foregoing, if # on the date of exercise of the 14th Floor Expansion Option, or the date immediately preceding the date the Lease term for the 14th Floor Expansion Space is to commence, there exists an uncured breach of this Lease by Tenant, or # on the date immediately preceding the date the Lease term for the 14th Floor Expansion Space is to commence Tenant named herein # is not in occupancy of the entire Premises then leased hereunder or # does not intend to occupy the entire Premises, together with the 14th Floor Expansion Space, then, at Landlord’s option, Tenant shall have no right to lease the 14th Floor Expansion Space and the exercise of the right of first offer shall be null and void.

Modification of Monthly Rent. Effective as of the Additional Premises Commencement Date, Tenant shall pay the amounts set forth below as annual fixed rent for the Additional Premises pursuant to Article 1 of the Lease:

The parties acknowledge that ​ may be obligated to make one or more payments of monthly Base Rent prior to final determination of the actual Total Development Costs and, therefore, the actual initial monthly/annual Base Rent in accordance with this Exhibit J. ​ shall make any such monthly Base Rent payment based upon the FTDCB Preliminary Base Rent, and any shortfall due to ​ as a result of the determination of the actual initial Base Rent pursuant to this Exhibit J shall be paid to ​ with ​’s next payment of Base Rent following such determination, and any refund due to ​ as a result of the determination of the actual initial Base Rent pursuant to this Exhibit J shall be deducted by ​ from ​’s next payment of Base Rent following such determination.

The construction in the Expansion Premises shall be performed in accordance with [Exhibit D] attached to the Lease as if references to the Premises therein were references to the Expansion Premises. Landlord shall oversee and manage the construction of the Tenant Improvements to the 6,282 rentable square feet in the Expansion Premises utilizing the general contractor selected solely at Tenant’s discretion as provided for in [Exhibit D] to the Lease and in compliance with the “Final Plans” (as defined in [Exhibit D]), in accordance with, and subject to, the terms and conditions of the Tenant Improvement Letter attached to the Lease as [Exhibit D]. Landlord’s construction shall not include any personal property, furniture, fixtures and equipment of Tenant.

obligation for the payment of Base Annual Rent and NNN Expenses. In the event Tenant exercises its rights under this [Section 2(a)(ii)], Tenant shall be required to pay the costs of janitorial services and electricity services for the Additional Premises from and after the Acceptance Date.

The total rentable area of the Existing Premises and the Expansion Premises (as defined below) has been certified as being 122,541 square feet in accordance with the area certificate attached as Schedule “C” hereto.

Subject to the provisions of this Paragraph 3, Tenant shall pay during the Term as rent for the Premises the sums specified in the Basic Lease Information (as increased from time to time as provided in the Basic Lease Information or as may otherwise be provided in this Lease) (the “Base Rent”). Base Rent shall be payable in consecutive monthly installments, in advance, without prior notice, demand, deduction or offset, commencing on the Term Commencement Date and continuing on the first day of each calendar month thereafter, except that the first full monthly installment of Base Rent shall be payable upon Tenant’s execution of this Lease. If the Term Commencement Date is not the first day of a calendar month, then the Base Rent for the Partial Lease Month shall be prorated based on the actual number of days of that month, and shall be payable on the first day of the calendar month following the Term Commencement Date. Any and all payments which are due, or may become due and owing at any time in the future under the Lease, including but not limited to Rent, Additional Rent, CAM, Expense, Security Deposit, reimbursements, and fines shall be paid only in lawful currency of the United States of America (e.g. USD).

Except as set forth in this Lease: # Tenant shall accept the Premises in their “as-is” condition as of the Commencement Date, subject to all applicable Legal Requirements (as defined in Section 7 hereof); # Landlord shall have no obligation for any defects in the Premises; and # Tenant’s taking possession of the Premises shall be conclusive evidence that Tenant accepts the Premises and that the Premises were in good condition at the time possession was taken. Any occupancy of the Premises by Tenant before the Commencement Date shall be subject to all of the terms and conditions of this Lease, excluding the obligation to pay Base Rent and Operating Expenses.

determination of the actual Base Rent for such month in accordance with Exhibit J, if the actual Base Rent is higher than the estimated Base Rent, then ​ shall pay to ​ the shortfall with the next payment of Base Rent and if the actual Base Rent is less than the estimated Base Rent, ​ shall give ​ a credit for the overage against the next payment of Base Rent due under this Lease. If any Rent payment date (including the Rent Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a period which is shorter than one month, the Rent for any fractional month shall accrue on a daily basis for the period from the date such payment is due to the end of such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis.

For the period of 60 consecutive days after the Expansion Premises Commencement Date, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building Systems serving the Expansion Premises only, unless Tenant or any Tenant Party was responsible for the cause of such repair, in which case Tenant shall pay the cost.