Ownership of Tenant Improvements. The Tenant Improvements (including, but not limited to, all partitioning, window and wall coverings, and plumbing, lighting, electrical, and HVAC fixtures installed by Tenant) shall be deemed, effective upon installation, to be a part of the Premises and the Building and shall be deemed to be the property of Landlord (subject to Tenant’s right to use the same during the Term of the Lease), and shall be surrendered at the expiration or earlier termination of the Term, unless Landlord shall have reasonably conditioned its approval of the Final Working Drawings or any Plan Modification pursuant to [Section 2.2.1 or 2.2.6]6], as applicable, on Tenant’s agreement to remove any items thereof. The removal of such items and the restoration and repair work described above shall be paid for and performed in accordance with the provisions of Paragraph 36 of the Lease.

Tenant Representation and Warranty. Tenant hereby represents and warrants to Landlord that # neither Tenant nor any of its legal predecessors has been required by any prior landlord, lender or Governmental Authority at any time to take remedial action in connection with Hazardous Materials contaminating a property which contamination was permitted by Tenant of such predecessor or resulted from Tenant’s or such predecessor’s action or use of the property in question, and # Tenant is not subject to any enforcement order issued by any Governmental Authority in connection with the use, storage, handling, treatment, generation, release or disposal of Hazardous Materials (including, without limitation, any order related to the failure to make a required reporting to any Governmental Authority). If Landlord determines that this representation and warranty was not true as of the date of this lease, Landlord shall have the right to terminate this Lease in Landlord’s sole and absolute discretion.

Tenant’s Space Plans. Landlord and Tenant acknowledge and agree that the plan prepared by the Tl Architect attached hereto as [Schedule 1] (the “Space Plans”) and the Tl specifications attached hereto as [Schedule 2] (the “Tl Specifications”) have been approved by both Landlord and Tenant. Landlord and Tenant further acknowledge and agree that any Changes to the Space Plans or the Tl Specifications requested by Tenant constitute a Change Request the cost of which Changes shall be paid for by Tenant in accordance with Section 5(b) below. Tenant shall be solely responsible, pursuant to the terms of [Section 5fb]) below, for all costs incurred by Landlord to alter the Building (or Landlord’s plans for the Building) as a result of Tenant’s requested Changes. Notwithstanding anything to the contrary contained herein, Landlord is not required to make any Changes requested by Tenant to the Space Plans or the Tl Specifications.

Tenant’s Access Rights. Landlord hereby agrees to permit Tenant access, at Tenant’s sole risk and expense, to the Premises # 45 days prior to the Commencement Date to perform any work (“Tenant’s Work”) required by Tenant other than Landlord’s Work, provided that such Tenant’s Work is coordinated with the Tl Architect and the general contractor, and complies with the Lease and all other reasonable restrictions and conditions Landlord may impose, and # prior to the completion of Landlord’s Work, to inspect and observe work in process; all such access shall be during normal business hours or at such other times as are reasonably designated by Landlord. Notwithstanding the foregoing, Tenant shall have no right to enter onto the Premises or the Project unless and until Tenant shall deliver to Landlord evidence reasonably satisfactory to Landlord demonstrating that any insurance reasonably required by Landlord in connection with such pre-commencement access (including, but not limited to, any insurance that Landlord may require pursuant to the Lease) is in full force and effect. Any entry by Tenant shall comply with all established safety practices of Landlord’s contractor and Landlord until completion of Landlord’s Work and acceptance thereof by Tenant.

Cost of Tenant Improvements. The cost of the design, construction and installation of the Tenant Improvements shall be borne as follows:

Substantial Completion; Tenant Delay. For purposes of the Lease, as herein amended, “Substantially Complete” or “Substantial Completion” means full completion, except for minor punch list items or insubstantial details of construction, decoration or installation and shall be deemed to occur on the earlier of # the issuance of a temporary certificate of occupancy, # a final certificate of occupancy, # Tenant’s occupancy of the Expansion Space for the conduct of Tenant’s business, as set forth in [Section 2.3] of the Lease, or # the date that Substantial Completion would have occurred but for the occurrence of a Tenant Delay. Landlord shall use commercially reasonable efforts to give Tenant prior notice of the date the Expansion Space will be Substantially Complete. “Tenant Delay” shall mean # a delay resulting from any direction by Tenant that Landlord suspend work or otherwise hold up construction of any portion of the Leasehold Improvements to the Expansion Space because of a possible change to be initiated by Tenant or for any other reason directed by Tenant; # delays which result directly or indirectly from Tenant’s requested changes in the Construction Drawings or Leasehold Improvements relating to the Expansion Space; # any delay caused by any “long-lead time” previously identified by Landlord, if possible, Leasehold Improvement item (e.g. millwork) which cannot be fabricated, delivered to the job, and completely installed within the same time frame as the remainder of the Leasehold Improvements shown on the Construction Drawings; # any delay resulting from the performance by Tenant of the Tenant Work; or # any other action or inaction of Tenant that directly or indirectly delays Landlord (or Landlord’s contractor) in completing the Leasehold Improvements to the Expansion Space.

EXHIBIT # -3- (e) Project Management. Unless and until revoked by Landlord by written notice delivered to Tenant, Landlord hereby # delegates to Project Manager the authority to exercise all approval rights, supervisory rights and other rights or powers of Landlord under this Tenant Work Letter with respect to the design and construction of the Tenant Improvements, and # requests that Tenant work with Project Manager with respect to any logistical or other coordination matters arising in the course of construction of the Tenant Improvements, including monitoring Tenant's compliance with its obligations under this Tenant Work Letter and under the Lease with respect to the design and construction of the Tenant Improvements. Tenant acknowledges the foregoing delegation and request, and agrees to cooperate reasonably with Project Manager as Landlord's representative pursuant to such delegation and request. Fees and charges of Project Manager for such services shall be at Tenant's sole expense, subject to Landlord's payment of the Tenant Improvement Allowance and, to the extent requested by Tenant, the Additional TI Allowance. Such fees shall be equal to 2.65% of all funds the Tenant Improvement Allowance or Additional Tenant Improvement Allowance used in connection with the construction of the Tenant Improvements, and 2% of any additional funds provided by Tenant for such construction.

Decommissioning. Notwithstanding the foregoing, Landlord acknowledges that following the Substitute Premises Commencement Date, Tenant will be required to close permits and licenses (including without limitation, with respect to Tenant’s radiation license) and decommission the Original Premises and to receive an official sign off from the applicable governmental agencies as required by applicable laws (the “Decommissioning Process”). During the Decommissioning Process, Tenant shall have the right, upon reasonable prior notice to Landlord, and accompanied by Landlord or a Landlord representative, to access the Original Premises as reasonably required to complete such Decommissioning Process. During the Decommissioning Process, Tenant shall be required to pay for all utilities used in the Original Premises. If the Decommissioning Process has not been completed within 120 days after the Substitute Premises Commencement Date (the “Outside Decommissioning Date”), then, during the period from the Outside Decommissioning Date to the date Tenant completes the Decommissioning Process, Tenant shall be required to pay Base Rent and Tenant’s Share of Direct Expenses for the Original Premises at the rate applicable immediately prior to the Substitute Premises Commencement Date.

Limitation of Liability. If Tenant or any Agent is awarded a money judgment against Landlord, then recourse for satisfaction of such judgment shall be limited to execution against Landlord’s estate and interest in the Commercial/Garage Unit which shall be deemed to include (subject to rights of any Mortgagees) proceeds actually received by Landlord from any sale of the Commercial/Garage Unit (net of all reasonable and customary expenses of sale), insurance or condemnation proceeds, and rental income from the Commercial/Garage Unit (net of all reasonable and customary expenses) to the extent all of the foregoing are held in an account for Landlord and have not been applied or distributed by Landlord in the ordinary course of business (i.e., not as a fraud against creditors). No other asset of Landlord, and no asset of any of Landlord’s Representatives (or any past, present or future director, board member, partner, director, member, officer, trustee, employee, agent, representative or advisor of any of them (each, an “officer”)) or any other person or entity, shall be available to satisfy or be subject to any such judgment. No such Landlord’s Representative, officer or other person or entity shall be held to have personal liability for satisfaction of any claim or judgment whatsoever under this Lease. Likewise, in the event that Landlord or any Landlord’s Representative is awarded a money judgment against Tenant or any Tenant’s Agent, recourse for satisfaction of such judgment shall be limited to the assets of Tenant, and no asset of any Tenant’s Agent (or any past, present or future officer (as defined above) of Tenant or any Tenant’s Agent) or any other person or entity, shall be available to satisfy or be subject to any such judgment; and no such Tenant’s Agent, officer or other person or entity shall be held to have personal liability for satisfaction of any claim or judgment by Landlord whatsoever under this Lease. The provision contained in the foregoing sentence is not intended to, and shall not, limit any right that Landlord might otherwise have to obtain injunctive relief (or to take any other action against Tenant or any Agent or their respective successors in interest not involving the personal liability of Tenant or any Agent and which is not otherwise inconsistent with the recourse limitations set forth in the prior sentence).

Waiver of Redemption by Tenant. Tenant hereby waives, for Tenant and for all those claiming under Tenant, any and all rights now or hereafter existing to redeem by order or judgment of any court or by any legal process or writ, Tenant's right of occupancy of the Premises after any termination of this Lease.