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<br /> shall remain upon and be surrendered with the Rented Space and Property as a part of the Rented Space
<br /> and Property at the end of the Term. Notwithstanding the foregoing, in the event that the Term ends because
<br /> Tenant has exercised its option to purchase the Property, then all such alterations and upfit shall remain with
<br /> the Property and shall be conveyed to Tenant at the closing on the Property (by a bill of sale or other
<br /> appropriate instrument). Furniture, equipment, personal property and movable trade fixtures which are
<br /> installed by Tenant at its expense, except for those referred to above,shall remain Tenant's property and may
<br /> be removed at any time prior to the termination of the Term provided Landlord has not asserted a lien against
<br /> such property and further provided that Tenant promptly repairs any damage caused by such removal. Any
<br /> such trade fixtures which Tenant has the right to remove under the above provisions, or personal property
<br /> belonging to Tenant or to any invitee, assignee or subtenant, shall be deemed abandoned by Tenant if not
<br /> removed prior to termination of the Term (except in the event that the term ends because Tenant has elected
<br /> to purchase the Property), and shall become the property of the Landlord without any payment or offset for
<br /> the property, if Landlord so elects. If the Landlord does not so elect,the Landlord may remove anyfixtures or
<br /> property from the Leased Premises and store them at the Tenant's sole risk and expense or dispose of them
<br /> in any manner, including the sale, scrapping or destruction thereof, and to the extent permitted by law Tenant
<br /> waives all claims against Landlord therefor. The Tenant shall repair and restore, and save the Landlord
<br /> forever harmless from, any and all damage to the Leased Premises caused by such removal,whether by the
<br /> Tenant or by the Landlord. Should Tenant exercise its option to purchase all Alterations and up-fit shall
<br /> convey with the Property. Tenant hereby agrees that upon its surrender of the Property, it shall assign to
<br /> Landlord any and all warranties given to Tenant with respect to any work performed pursuant to this Lease.
<br /> 11. ACCEPTANCE OF LEASED PREMISES. Occupation by Tenant shall constitute acceptance of the
<br /> Leased Premises AS IS. Landlord makes no representation or warranty, oral or written, as to the condition of
<br /> the Leased Premises nor as to the use or fitness of the Leased Premises for any particular purpose except
<br /> for general office use. Landlord shall not be responsible for obtaining any governmental approvals or permits
<br /> necessary to enable Tenant to occupy or use the Leased Premises. Obtaining all approvals and certificates
<br /> shall be the sole responsibility of the Tenant. The Landlord shall not be responsible for obtaining any
<br /> certificate of occupancy or other approvals required in connection with construction work and up-fit done by
<br /> the Tenant or contractors engaged by the Tenant. Tenant acknowledges it has been notified certain areas of
<br /> the Property have moisture intrusion and mold growth. Tenant acknowledges and accepts this notification
<br /> and accepts the Property with this and any other defect, known or unknown, including other potential areas of
<br /> moisture intrusion or mold growth and Tenant is solely responsible for all costs related to full remediation of
<br /> such moisture intrusion and mold growth and any other issues arising related to such moisture intrusion,
<br /> provided that Tenant does not elect to terminate this Lease during the Inspection Period (if Tenant does elect
<br /> to terminate this Lease during the Inspection Period, Tenant shall have no liability for such costs or for such
<br /> remediation). Tenant releases Landlord from any further responsibility or obligation to provide further notice
<br /> of or remediate any moisture intrusion and mold growth and releases, indemnifies, and holds harmless
<br /> Landlord from any and all claims related to such moisture intrusion, if Tenant does not elect to terminate this
<br /> Lease during the Inspection Period.
<br /> 12. COMMENCEMENT. Landlord shall deliver exclusive possession of the Leased Premises to Tenant
<br /> in its current"as-is"condition upon the full execution of this Lease. Following the expiration of the Inspection
<br /> Period, Tenant shall commence its upfit of the Leased Premises pursuant to plans and specifications
<br /> approved by Landlord (such approval not to be unreasonably withheld, conditioned or delayed) (the"Tenant
<br /> Improvements"). Tenant shall prosecute the Tenant Improvements without delay in a commercially
<br /> reasonable manner beginning on the date hereof. Upon Tenant's substantial completion of the Tenant
<br /> Improvements such that Tenant can commence operations in the Premises in accordance with its customary
<br /> office usage, and Tenant's receipt of a Certificate of Occupancy for the Premises, "Substantial Completion"
<br /> shall be deemed to have occurred. If not sooner obtained, but subject to delays in Substantial Completion
<br /> due to events of force majeure, Substantial Completion and the Commencement Date shall be deemed to
<br /> have occurred on the date that is two hundred seventy (270) days following the expiration of the Inspection
<br /> Period, even if Tenant has not received a Certificate of Occupancy for the Premises or commenced
<br /> operations in the Premises by that date. Time is of the essence with regard to the Substantial Completion.
<br /> 13.ASSIGNMENT OR SUBLEASE.
<br /> (a) Assignment. Tenant may not mortgage, encumber, pledge, or assign this Lease without
<br /> Landlord's prior written consent, such consent not to be unreasonably withheld, conditioned or delayed.
<br /> Notwithstanding the foregoing, Tenant may, without Landlord's consent, assign this Lease to (i) an entity
<br /> controlling, controlled by or under common control with Tenant, (ii) a successor to Tenant by merger or
<br /> acquisition, or(iii) the purchaser of all (or substantially all) of Tenant's assets at the Premises, provided that
<br /> Tenant shall remain liable under this Lease.
<br /> (b) Subletting. Tenant may not sublet the Leased Premises or any part thereof without Landlord's
<br /> prior written consent, such consent not to be unreasonably withheld, conditioned or delayed.
<br /> (c) Requirements. In the event of a proposed assignment of this Lease or subletting of all or a
<br /> substantial part of the Leased Premises, Tenant shall submit to Landlord, in writing, (i) the name of the
<br /> proposed assignee or subtenant, (ii) current financial statements available to Tenant disclosing the financial
<br /> 9W 719
<br /> an ord Tenant
<br /> Initials Initials
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