End of Term. As of the Effective Date, Paragraph 52 of the Rider to the Original Lease is hereby modified and amended # to add the words “(i) pay as use and occupancy for each month of the holdover or any portion thereof (including the time holding over in occupancy after the issuance of a judgment of possession and warrant of eviction through the date the Landlord regains possession of the Premises) an amount equal to” after the words “​ shall” in the third line of such paragraph; and # to add the words “in the event the holdover period extends beyond sixty (60) days” at the beginning of both [subsections (ii) and (iii)])].

End of Term. Executive’s employment with the Company shall automatically terminate at the expiration of the Term of Employment due to a non-renewal of the Term of Employment by the Company or Executive pursuant to the provisions of Section 1(g) (a “Non-Renewal”). For the avoidance of doubt, any Non-Renewal shall not be deemed to be a termination with Cause.

Damage. If prior to Closing any of the Properties are damaged by fire or other casualty, ​ shall promptly estimate the cost to repair and the time required to complete repairs and will provide ​ written notice of ​’s estimation (the “Casualty Notice”) as soon as reasonably possible after the occurrence of the casualty, but in no event more than ten (10) days after the occurrence thereof.

End of Term Last Elected. A termination of your service as a member of the Board of Directors with ​ and its Subsidiaries at the end of the term for which you were last elected.

Damage Claims. Graphite shall make damaged Product and associated packaging materials available for inspection and shall comply with the reasonable requirements of any insurance policy covering the Product. WuXi ATU shall offer Graphite reasonable assistance in Graphite’s claims against the shipping company for damages arising out of the transportation of Product.

No Damage. The Improvements shall not have been injured or damaged by fire, explosion, accident, flood or other casualty, unless ​ shall have received insurance proceeds or other monies sufficient in the reasonable judgment of ​ to effect the satisfactory restoration of the Improvements and to permit the Completion of the Improvements prior to the Completion Date.

Roof Damage. Tenant shall, at Tenant’s sole cost and expense, protect the roof from damage, and shall perform all installations, repairs and maintenance and use the roof in a manner so as to keep in full force and effect any warranty concerning the roof. In all cases, Tenant shall use the roofing contractor designated by Landlord to perform any roof penetration or other work that may affect the integrity of the roof or the roof warranty. Any damage to the roof or any other portion of the Building resulting from Tenant’s installation, operation, use, maintenance or removal of the Equipment, including leakage, water damage or damage to the roof membrane, shall be repaired by Landlord at Tenant’s sole cost and expense. Tenant shall reimburse Landlord for any costs and expenses so incurred by Landlord within thirty (30) days after Landlord’s written request and copies of invoices therefor.

For clarity, each Near Term Milestone Payment is payable only once, regardless of the number of Combination Products that achieve the relevant Near Term Milestone Event or the number of times a Combination Product achieves such Near Term Milestone Event, and in no event will aggregate Near Term Milestone Payments exceed $2,500,000.

Spero will pay to Northern up to an aggregate of $2,500,000 (the “Near Term Milestone Payment”) in one or more payments upon achievement of the “Near Term Milestone Events” as follows, regardless of whether the relevant Near Term Milestone Events listed below are achieved by Spero, one of its Affiliates or a Sublicensee:

“Fiscal Year” means each fiscal year of the Company ending on a Saturday occurring near the end of each December, as determined by the Company in a manner consistent with its prior practice.