Submission of Lease. Submission of this instrument for examination or signature by Tenant does not constitute a reservation of, option for or option to lease, and it is not effective as a lease or otherwise until execution and delivery by both Landlord and Tenant.

Lease of Premises. Upon and subject to all of the terms and conditions hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. The portions of the Project which are for the non-exclusive use of tenants of the Project are collectively referred to herein as the “Common Areas.” Landlord reserves the right to modify Common Areas, provided that such modifications do not materially adversely affect Tenant’s access to (other than on a temporary basis) or use of the Premises for the Permitted Use or Tenant’s parking rights hereunder (other than on a temporary basis). From and after the Commencement Date through the expiration of the Term, Tenant shall have access to the Building, the Premises and the parking areas serving the Project 24 hours a day, 7 days a week, except in the case of emergencies, as the result of Legal Requirements, the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, and otherwise subject to the terms of this Lease.

The Landlord shall pay the rents reserved by the Superior Lease.

Modification of Lease. Should any current or prospective mortgagee or ground lessor for the Building or Project require a modification of this Lease, which modification will not cause an increased cost or expense to ​ or in any other way materially and adversely change the rights and obligations of ​ hereunder, then and in such event, ​ agrees that this Lease may be so modified and agrees to execute (or make good faith comments to) whatever documents are reasonably required therefor and to deliver the same to ​ within thirty (30) days following a request therefor. At the request of ​ or any mortgagee or ground lessor, ​ agrees to execute (or make good faith comments to) a short form of Lease and deliver the same to ​ within thirty (30) days following the request therefor.

Right to Lease. ​ reserves the absolute right to effect such other tenancies in the Project as ​ in the exercise of its sole business judgment shall determine to best promote the interests of the Building or Project. ​ does not rely on the fact, nor does ​ represent, that any specific ​ or type or number of tenants shall, during the Lease Term, occupy any space in the Building or Project.

Notwithstanding any provision of the Lease to the contrary, the Lease shall automatically terminate and be of no further force or effect (except for the Surviving Obligations) and all of Tenant’s right, title and interest in the Expansion Premises shall terminate, effective as of ​ PM (Eastern) on ​ (the “Termination Date”) and Tenant shall vacate same on or before the Termination Date in accordance herewith. Effective as of the Termination Date, neither Tenant nor anyone claiming by, through, or under Tenant shall have any further rights with respect to any portion of the Expansion Premises or the Building, or the real property and improvements of which the Expansion Premises and the Building are a part, under the Lease or otherwise, and Tenant shall have no further obligations under the Lease except for the Surviving Obligations and except as expressly set forth in this Agreement, it being expressly acknowledged and agreed that any and all use restrictions or exclusive use rights with regard to the Expansion Premises, the Demised Premises, the Building or the Property (as such term is defined in the Lease), so called, in favor of Tenant (if any) are hereby terminated and forever released on and as of the Termination Date.

Ground Lease Guaranty. If the First Escrow Release occurs, then, following the First Escrow Release Date, the Partnership shall use commercially reasonable efforts to obtain the release of Owner as guarantor under the ground lease with respect to the Leased Property.

Triple Net Lease. Landlord and Tenant acknowledge that, except as otherwise provided to the contrary in this Lease, it is their intent and agreement that this Lease be a " XE "TRIPLE NET" TRIPLE net" lease and that as such, the provisions contained in this Lease are intended to pass on to Tenant or reimburse Landlord for the costs and expenses reasonably associated with this Lease, the Building and the Project, and Tenant's operation therefrom all as more fully set forth below. To the extent such costs and expenses payable by Tenant cannot be charged directly to, and paid by, Tenant, such costs and expenses shall be paid by Landlord but reimbursed by Tenant as Additional Rent all as more fully set forth below.

Notice. Each Party will notify the other Party in writing in the event it becomes aware of a claim for which indemnification may be sought hereunder. In the event that any Third Party asserts a claim or other proceeding (including any governmental investigation) with respect to any matter for which a Party (the “Indemnified Party”) is entitled to indemnification hereunder (a “Third Party Claim”), then the Indemnified Party shall promptly notify the Party obligated to indemnify the Indemnified Party (the “Indemnifying Party”) thereof; provided, however, that no delay on the part of the Indemnified Party in notifying the Indemnifying Party shall relieve the Indemnifying Party from any obligation hereunder unless (and then only to the extent that) the Indemnifying Party is prejudiced thereby.

Notice. Except as otherwise specified herein, all notices and other communications under this Award shall be in writing and shall be deemed to have been given if personally delivered or if sent by registered or certified United States mail, return receipt requested, postage prepaid, addressed to the proposed recipient at the last known address of the recipient. Any party may designate any other address to which notices shall be sent by giving notice of the address to the other parties in the same manner as provided herein.