. Until any real property asset of the Combined Parties that is subject to a Tax Driven Lease Transaction has been repurchased by a ​ as provided in the applicable Tax Driven Lease Transaction Documents, without the prior written consent of the Required Lenders, modify or amend any Tax Driven Lease Transaction Documents, or any other agreement related thereto, in any manner that would # cause a change in the accounting treatment of such Tax Driven Lease Transaction under GAAP, # adversely affect the ability of any Combined Party to repurchase any property of the Combined Parties that is subject to a Tax Driven Lease Transaction for nominal consideration or # otherwise cause such transaction to not meet the terms of the definition of Tax Driven Lease Transactions.

Assignment of Ground Lease. to the Agreement is hereby amended and restated as set forth on attached hereto.

No Recording of Lease. Tenant hereby acknowledges and agrees that it shall not record this Lease or any notice or memorandum of this Lease in any land evidence records or any other public record without the express prior written consent of Landlord. Landlord hereby consents to Tenant recording a short form notice of lease, provided that it is reasonably acceptable to Landlord’s counsel, and provided that Tenant provides Landlord with an executed termination of notice of lease, which Landlord may record upon the expiration or sooner termination of this Lease. In the event of any such unauthorized recording, Tenant shall be in default of this Agreement and Landlord shall have all rights and remedies available under law or in equity as a result of such recordation including, without limitation, the right to terminate this Lease. In addition to the foregoing, Tenant hereby appoints Landlord as its attorney in fact to record any and all documents necessary to clear record title to the Premises in the event Tenant breaches the provisions of this [Section 24] by recording a memorandum of lease or other similar document in the Records of Land Evidence in the City of Providence.

Subordinate to Master Lease. This Sublease and all of Subtenant’s rights hereunder are and shall remain in all respects subject and subordinate to all of the terms and provisions of the Master Lease. References in the Master Lease to “Tenant” shall be construed as “Subtenant” for purposes of this Sublease as appropriate. This Sublease is contingent upon Master Landlord signing a Master Landlord Consent a form of which is attached hereto and the Master Landlord not exercising any right to recapture that it may have.

Incorporation of Master Lease. Subtenant shall observe and perform the terms, covenants, conditions and agreements of the Master Lease which Sublandlord is required to observe or perform with respect to the Premises as tenant under the Master Lease, except for the covenant of Sublandlord to pay Master Landlord the rent or other charges due under the Master Lease and except as such terms, covenants, conditions and agreements are modified hereby or are inconsistent with the terms of this Sublease. Subtenant shall not do or permit to be done any act which would result in a violation of any of the terms, covenants and conditions of the Master Lease. Except as otherwise provided in this Sublease or to the extent inconsistent with the terms of this Sublease (in which case the terms of this Sublease shall control), all of the terms and conditions of the Master Lease are hereby incorporated herein by reference (and modified by the terms hereof, if applicable); provided, however, that # the term “Landlord” shall be deemed to refer to Sublandlord; # the term “Tenant” shall be deemed to refer to “Subtenant”; # the phrase “this Lease” shall be deemed to refer to “this Sublease”; # the term “Term” shall be deemed to refer to the Term of this Sublease; # the term “Premises” shall refer to the Sublet Portion only and # the following provisions of the Master Lease shall not be incorporated herein- 1, 2.1, 2.2, 3, 6.1, 6.3, 7.7, 12, 13.1.1, 13.1.2, 13,2, 16.3, 20.1, 20.2, 20.3, 20.4, 20.6, 20.7, 22, 36, 38, 39, 40. 41, 42, 43, 44.7, [Exhibit D], [Exhibit F], [Exhibit H] and [Exhibit I], provided that Sublandlord shall have no liability for Master Landlord’s failure to comply with the terms of [Section 10.2] of the Master Lease except as set forth in [Section 6.8] below.

Execution as Lease Supplement. This Lease Supplement No. 4 is executed and shall be construed as a supplement and amendment to the Facility Lease and shall form a part thereof. On and from the delivery of this Lease Supplement No. 4, any reference in any Transaction Document to the Facility Lease shall be deemed to refer to the Facility Lease as supplemented and amended by this Lease Supplement No. 4.

Lessor Provisions of Lease. Except as modified herein, all terms and conditions of the Lease, as previously modified or amended, shall remain in full force and effect.

no premium is payable for the grant of the New Lease; and

the rights reserved or vested in any Person by the terms of any lease, license, grant or permit held by Holdings or any of its Restricted Subsidiaries or by a statutory provision, to terminate any such lease, license, grant or permit, or to require annual or periodic payments as a condition to the continuance thereof;

License Grant. Subject to the terms and conditions of this Agreement, Licensor hereby grants to Commercializing Party: # an exclusive license, with the right to grant sublicenses solely as provided in [Section 2.2], to use the Licensed Protocol, the Kaufmann Name and the Kaufmann Intellectual Property in the Territory during the Term; and # an exclusive license to Commercialize the Products in the Territory during the Term.