Cost Pools. Landlord shall have the right, from time to time, to equitably allocate some or all of the Direct Expenses for the Project among different portions or occupants of the Project (the " XE "Cost Pools" Cost Pools"), in Landlord's reasonable discretion. Such Cost Pools may include, but shall not be limited to, the office space tenants of a building of the Project or of the Project, and the laboratory space tenants of a building of the Project or of the Project. The Direct Expenses within each such Cost Pool shall be allocated and charged to the tenants within such Cost Pool in an equitable manner.

Cost . The cost to design, permit and construct the Tenant Improvements shall be paid by Landlord. Any and all costs, fees or expenses of any kind or nature that are incurred due to changes requested by Tenant shall be the sole responsibility of Tenant.

Through the 5,003 Expansion Premises Commencement Date, ​ shall continue to pay ​’s Proportionate Share of the Insurance Cost in accordance with the provisions of the Original Lease, specifically including, without limitation, the provisions of Paragraph 59(g) thereof.

Increased Cost. [Section 6.4] to the Repurchase Agreement is amended and restated in its entirety to read as follows:

Increased Cost. If any Change in Law subsequent to the Effective Date:

CONVERSION COST. [[Organization B:Organization]] agrees to reimburse [[Organization A:Organization]]’s certificate processing cost by adding $1,500 to the Principal for each note conversion of at least $150,000 effected by [[Organization A:Organization]]. If the conversion is for less than that amount, [[Organization A:Organization]] shall be responsible for any costs.

Cost of Improvements. “Cost of Improvement” shall mean, with respect to any item or component for which a cost must be determined in order to allocate such cost, or an increase in such cost, to Tenant pursuant to this Tenant Work Letter, the sum of the following (unless otherwise agreed in writing by Landlord and Tenant with respect to any specific item or component or any category of items or components): # all sums paid to contractors or subcontractors for labor and materials furnished in connection with construction of such item or component; # all costs, expenses, payments, fees and charges (other than penalties) paid to or at the direction of any city, county or other governmental or quasi-governmental authority or agency which are required to be paid in order to obtain all necessary governmental permits, licenses, inspections and approvals relating to construction of such item or component; # engineering and architectural fees for services rendered in connection with the design and construction of such item or component (including, but not limited to, the Architect for such item or component and an electrical engineer, mechanical engineer, structural engineer and civil engineer, if applicable); # sales and use taxes; # testing and inspection costs; # the cost of power, water and other utility facilities and the cost of collection and removal of debris required in

Cost of Collection. If default is made in the payment of this Note, the Borrower shall pay the Holder hereof reasonable costs of collection, including reasonable attorneys’ fees.

As consideration for performance under the terms of this Agreement, [[Organization B:Organization]] shall pay the [[Organization A:Organization]] in accordance with the attached budget ([Exhibit A]). All costs outlined in the budget shall remain firm for the duration of the Study, unless otherwise agreed in writing by the [[Organization A:Organization]] and [[Organization B:Organization]]. Payments are not refundable. If not budgeted, the clinical trial EC/IRB review fee will be paid by [[Organization B:Organization]] directly to the IEC/RB.

Cost of Collection. If default is made in the payment of this Note, the Borrower shall pay the Holder hereof reasonable costs of collection, including reasonable attorneys’ fees.

Anticipated Cost Report. The ​ shall submit to the ​ an Anticipated Cost Report in the form set forth in [Exhibit 2.17](w) hereof provided by the General Contractor, which indicates the costs anticipated to complete the construction of the Improvements, after giving effect to costs incurred during the previous month and projected costs.

Cost Recovery Pool. Farmor has submitted, in accordance with the relevant provisions of Contract and Laws, at least One Hundred Sixty-Five Million U.S. Dollars (U.S. $165,000,000) of Petroleum Costs (as such term is defined in the Contract) for cost recovery under the Contract, and has not received any notices, or other indication, from the Government that any of such costs are not cost-recoverable under the Contract.

The bonus pools will have the following levels of achievement defined below:

Predatory Lending Regulations; High Cost Loans. No Mortgage Loan # is classified as High Cost Mortgage Loans or # is subject to [Section 226.32] of Regulation Z or any similar state law (relating to high interest rate credit/lending transactions). No Mortgagor

Actual Cost and Equitable Adjustment, Margins. Determinations of “the Contractor’s actual cost” or similar wording or “equitable adjustment” shall be made based on the Contractor’s actual costs (direct and indirect, and in the case of general and administrative and overhead, using Contractor’s published annual general and administrative rates that are used for its government and other customers generally) plus margin (in the case of equitable adjustment) and in a manner consistent with the manner in which the Contractor internally accounts for the actual costs associated therewith generally throughout its programs (and which is subject to review by the independent auditor, under Article 29). In each case where the Contract refers to a margin payable to the Contractor or with respect to items acquired from the Contractor or Subcontractors, such margin shall equal the amount specified in the Contract (if any such amount is specified) or where the amount of a margin provided for in the Contract is not so specified, such as in the case of equitable adjustment, the

Cost and Maintenance; Change and Replacement. The actual costs of the ​’s Signage and the installation, design, construction and any and all other costs associated with the ​’s Signage, including, without limitation, utility charges and hook-up fees, permits, and maintenance and repairs, shall be the sole responsibility of ​. Should the ​’s Signage require repairs and/or maintenance, as determined in ​’s reasonable judgment, ​ shall have the right to provide notice thereof to ​ and ​ (except as set forth below) shall cause such repairs and/or maintenance to be performed within thirty (30) days after receipt of such notice from ​, at ​’s sole cost and expense; provided, however, if such repairs and/or maintenance are reasonably expected to require longer than thirty (30) days to perform, ​ shall commence such repairs and/or maintenance within such thirty (30) day period and shall diligently prosecute such repairs and maintenance to completion. Should ​ fail to perform such repairs and/or maintenance within the periods described in the immediately preceding sentence, ​ shall, upon the delivery of an additional five (5) business days’ prior written notice, have the right to cause such work to be performed and to charge ​ as Additional Rent for the actual cost of such work. Subject to ​’s agreement to comply with the terms of this Section 23.2.4, ​ shall be permitted to change and/or replace the ​’s Signage periodically in ​’s reasonable discretion. Upon the expiration or earlier termination of this Lease or upon any earlier termination of ​’s rights to the ​’s Signage as set forth herein, ​ shall, at ​’s sole cost and expense, cause the ​’s Signage to be removed and shall cause the areas in which such ​’s Signage was located to be restored to the condition existing immediately prior to the placement of such ​’s Signage except for # reasonable wear and tear, # damage by casualty that is not ​’s obligation to repair hereunder, or # repairs which are specifically made the responsibility of ​ hereunder. If ​ fails to timely remove the ​’s Signage or to restore the areas in which such the ​’s Signage was located, as provided in the immediately preceding sentence, then ​ may perform such work, and all actual costs incurred by ​ in so performing shall be reimbursed by ​ to ​ within thirty (30) days after ​’s receipt of an invoice therefor. The terms and conditions of this Section 23.2.4 shall survive the expiration or earlier termination of the Lease.

35654\12546889.9 B-5

Consulting Fee/Cost and Expenses/Payment. The Company and Consultant agree: