Rentable Square Feet of Premises. The RSF of the Premises and Building are hereby stipulated to be as set forth in the Summary, and shall not be subject to measurement or modification during the Lease Term.

Condition of the Demised Premises. ​ hereby acknowledges and agrees that # all work and installations heretofore required to be performed or made by Landlord under the Original Lease have been fully performed or made prior to the date hereof; # ​ has inspected the Original Premises and agrees to accept same in its “as is” condition as of the date hereof; # ​ has inspected the 5,003 Expansion Premises and agrees to accept same in its “as is” condition as of the date hereof and Landlord shall not be required to perform any work, make any installations or incur any expense in or with respect to the Original Premises (or any portion thereof) in order to prepare same for continued occupancy by ​ or in or with respect to the 5,003 Expansion Premises (or any portion thereof) in order to prepare same for occupancy by ​ except that Landlord will perform the work and make the installations, at Landlord’s sole cost and expense, and in accordance with the requirements of the Lease (including this Agreement), as set forth on the Floor Plan annexed hereto as [Exhibit A], which work is sometimes hereinafter referred to as the “5,003 Expansion Work”. In connection with the performance of the 5,003 Expansion Work, ​ shall provide Landlord and its contractors with access to the Demised Premises, to the extent necessary, in order to perform the 5,003 Expansion Work. ​ acknowledges and agrees that there shall be no liability to Landlord, and no abatement of the obligations and liabilities of ​ under the Lease, on account of any inconvenience or interference that may result from Landlord’s performance of the 5,003 Expansion Work except to the extent the same arise from or in connection with the gross negligence or willful misconduct of Landlord or its employees, contractors, agents or representatives. To the extent necessary, ​ shall be responsible for moving the furniture and equipment in the Original Premises (at ​'s sole cost and expense) in order to permit Landlord to perform the 5,003 Expansion Work. Landlord shall use commercially reasonable efforts to minimize interference with or disruption of ​’s use of the balance of the Demised Premises while performing the 5,003 Expansion Work.

Notwithstanding any other provision of this Lease or by law, the Landlord may terminate this Lease by giving 90 days’ written notice to the Tenant that the Premises has been sold.

Tenant and its authorized agents shall be granted a license by Landlord to enter upon the Premises prior to the Delivery Date at a time and date determined by Landlord in Landlord reasonable discretion, at Tenant’s sole risk and expense, for the sole purpose of inspecting, surveying and measuring the Premises (and not to conduct any invasive environmental testing of the Premises or to conduct any business of Tenant in the Building or Premises); provided, however, that # prior to entering upon the Premises, Tenant shall furnish to Landlord evidence satisfactory to Landlord that insurance coverages required of Tenant under the provisions of Article 23 are in effect, # and such early entry shall at all times prior to the Delivery Date be subject to Articles 12, 13, 14, 19, 21, 22, 23, 28, 31, 34, 35, 37, 38, 39 and 40 of this Lease; # Tenant shall pay all service and maintenance charges for the Premises attributable to Tenant’s early entry and use of the Premises as reasonably determined by Landlord, except that Tenant shall not be obligated to pay for the cost of utilities supplied to the Premises prior to the Delivery Date, and # prior to entering upon the Premises, Tenant shall have delivered to Landlord an executed original of this Lease and payment in an amount equal to # monthly Base Rent for the first (1st) month of the initial Term, plus # the Security Deposit. In the event of any breach or default by Tenant of any term or provision of those certain Lease sections set forth in [clause (b) above], Landlord may, in its reasonable discretion, in addition to exercising any of its other rights and remedies set forth herein, revoke such early entry license upon written notice to Tenant.

delivery of the New Premises is delayed as a result of Tenant’s failure to provide said insurance certificates, the New Term Commencement Date shall remain unchanged to extent delayed by such failure.

No agreement to accept surrender of all or any part of the Demised Premises shall be valid unless in writing and signed by Landlord. The delivery of keys to an employee of Landlord or of its agent shall not operate as a termination of this lease or a surrender of the Demised Premises. If Tenant shall at any time request Landlord to sublet the Demised Premises for Tenant’s account, Landlord or its agents is authorized to receive said keys for such purposes without releasing Tenant from any of its obligations under this lease.

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”).

Delivery of Shares. The Company shall deliver to the Employee a certificate or certificates, or at the election of the Company make an appropriate book-entry, for the number of shares of Common Stock equal to the number of vested Stock Units as soon as administratively practicable (but always by the 30th day) after the earliest of the Employee’s termination of employment, a Change in Control (but only to the extent provided in Section 14) or the Payment Date. The number of shares delivered shall be reduced by the value of all taxes withheld by reason of such delivery; provided that the amount that is withheld, or may be withheld at the Employee’s discretion, cannot exceed the amount of the taxes owed by the Employee using the maximum statutory tax rate in the Employee’s applicable jurisdiction(s). The Employee shall not be entitled to receive any shares of Common Stock with respect to unvested Stock Units, and the Employee shall have no further rights with regard to a Stock Unit once the underlying share of Common Stock has been delivered with respect to that Stock Unit.

Execution and Delivery. This Amendment and the other Loan Documents being executed and delivered in connection with this Amendment to which it is, or is to become, a party have been or will be (as the case may be) duly executed and delivered by it, and each of this Amendment and the Amended Agreement is, and upon execution and delivery thereof each such other Loan Document will be, the legal, valid and binding obligation of it enforceable against it in accordance with its terms, subject, however, to the application by a court of general principles of equity and to the effect of any applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally.

Delivery of Shares. Subject to Section 10 of the Award, the Shares corresponding to vested Performance RSUs shall be delivered: # within 60 days of the applicable Time-Based Vesting Date (including cases where the Participant terminates employment due to Retirement) or, # if earlier, # within 60 days of the Participant’s termination of employment due to death or Disability, or # as contemplated under Section 9 of the Award in connection with a Change in Control; provided, however, that if the Award constitutes an item of deferred compensation under Code Section 409A and the vesting event is a Change in Control that is not a “change in control event” within the meaning of Code Section 409A, the Shares shall be delivered on the earliest vesting event contemplated under this [Section 5(i) or (ii)(1)])].