A dedicated temperature and air quality controlled environment (separate HVAC with HEPA filtration) of no more than 1,500 sf to support a vivarium (no greater than 1,000 sf of the total 1,500 sf) for small rodent work

Except as expressly amended hereby, all terms and conditions of the Vivarium Agreement shall remain unchanged and in full force and effect with the exception of the First Amendment which terms shall be considered nullified as of the Third Amendment Effective Date. The amendment made herein shall be effective as of the Third Amendment Effective Date. This Third Amendment may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute one and the same document. The Vivarium Agreement shall, together with this Third Amendment, be read and construed as a single instrument.

Vivarium. Tenant shall be responsible, at its sole expense, for the operations of its vivarium in accordance with all Legal Requirements and with best industry practices. Without limiting the general application of the foregoing, Tenant shall separately dispose of all waste products from the operation of Tenant’s vivarium, including, without limitation, dead animals, strictly in accordance with Legal Requirements. Landlord shall have the right, from time to time by written notice to Tenant, to promulgate reasonable rules and regulations with respect to the operation of Tenant’s vivarium so as to minimize any adverse effects that such operation may have on other occupants of the Building, including without limitation, regulations as to noise mitigation. Notwithstanding any other provision of this Lease, provided that # there is no Event of Default of Tenant and # the Lease is in full force and effect, in the event Tenant desires to expand the Approved Vivarium Uses to include cats (the “Additional Vivarium Use”), Tenant shall make such request in writing to Landlord for Landlord’s approval therefor, which approval shall not be unreasonably withheld, conditioned or delayed, subject to # this Section 4.6, # Tenant’s obtaining Landlord’s prior written approval of Tenant’s plans and specifications for the Additional Vivarium Use in accordance with Section 11 below, and # such additional rules and regulations as Landlord may reasonably determine in connection with the operation of the Additional Vivarium Use in the Building.

Vivarium. Tenant shall be responsible, at its sole expense, for the operations of its vivarium in accordance with all Legal Requirements and with best industry practices. Without limiting the general application of the foregoing, Tenant shall separately dispose of all waste products from the operation of Tenant’s vivarium, including, without limitation, dead animals, strictly in accordance with Legal Requirements. Landlord shall have the right, from time to time by written notice to Tenant, to promulgate reasonable rules and regulations with respect to the operation of Tenant’s vivarium so as to minimize any adverse effects that such operation may have on other occupants of the Building, including without limitation, regulations as to noise mitigation.

Section # Vivarium. Tenant shall be responsible, at its sole expense, for the installation, operation, maintenance, repair and removal of any vivarium (the “Vivarium”) installed or operated by Tenant in the Premises, in accordance with all applicable Requirements and with first-class standards and best industry practices. Without limitation, Tenant shall separately dispose of all waste products from the operation of the Vivarium, including all animals, animal carcasses, food or supplies relating to any animals in accordance with all applicable Requirements. Tenant shall comply with all Rules and Regulations adopted by Landlord from time-to-time with respect to the operation of the Vivarium, including Rules and Regulations concerning noise mitigation. All transportation by Tenant to and from the Premises of any animals, animal waste, animal carcasses, food or supplies relating to any animals from time to time in any animal storage areas of the Premises shall be in accordance with the terms and conditions of this Section 3.4. All animals shall be transported to and from the Premises in appropriate cages or other containers. At no time shall any animals, animal waste, animal carcasses, food or supplies relating to the animals be brought into, transported through, or delivered to the lobby of the Building or be transported in any passenger elevators. At no time shall any large animals or the carcasses of any large animals be used in the Vivarium.

By this First Amendment, Landlord and Tenant desire to modify the Lease as it pertains to the construction and installation of the vivarium and pH neutralization system to be constructed/installed by Landlord in the Premises.

#Section 2 of the Vivarium Agreement shall be modified so that the Vivarium Term shall expire on June 14, 2022.

Subject to Force Majeure, as defined in Section 25.16 and any Tenant Delay, as hereinafter defined, Landlord shall perform Landlord’s Work in order to prepare the Premises for Tenant’s use and occupancy in accordance with Exhibit 4 attached hereto. Landlord shall use diligent efforts to substantially complete Landlord’s Work, excluding the Vivarium Work, by April 1, 2020 (the “Estimated Term Commencement Date”), and to substantially complete the Vivarium Work by May 1, 2020 (the “Estimated Vivarium Delivery Date”). However, except to the extent that such failure constitutes a delay in the occurrence of the Term Commencement Date (as provided in the definition of the Term Commencement Date), and, except for Tenant’s remedies set forth in Section 3.2 hereof: # Tenant’s sole remedies shall be a delay in the Term Commencement Date, # Tenant shall have no claim or rights against Landlord, and Landlord shall have no liability or obligation to Tenant in the event of delay in Landlord’s Work, and # no delay in Landlord’s Work shall have any effect on the parties’ rights or obligations under this Lease. Further, notwithstanding anything herein to the contrary, Tenant acknowledges that Landlord will be performing the Vivarium Work subsequent to the Term Commencement Date, and that so long as Landlord is using diligent efforts to complete the Vivarium Work in light of the circumstances (i.e., Tenant’s occupancy of the Premises), Tenant shall have no claim or rights against Landlord, and Landlord shall have no liability or obligation to Tenant in the event of delay in the Vivarium Work, and no delay in the Vivarium Work shall have any effect on the parties’ rights or obligations under this Lease.

Vivarium. [Section 1.2 of Exhibit B] to the Lease is hereby deemed deleted in its entirety and replaced with the following:

“1.2 Vivarium. As part of Landlord’s Tenant Improvement work, Landlord shall construct an approximately 3,500 to 4,500 square foot vivarium in the first (1st) floor portion of the Premises (“Vivarium”) pursuant to the vivarium plans described in [Schedule 2] attached hereto (the “Vivarium Plans”), which Vivarium Plans are hereby approved by Landlord and Tenant. Tenant shall be responsible for the cost of the design and construction of the vivarium in the same manner as the remainder of the Tenant Improvements.”