Exhibit 10.51

LEASE AGREEMENT

THIS LEASE AGREEMENT (this “Lease”) is dated, for reference purposes only, as of 14^th day of November, 2003, between ARE-9363/9373/9393 TOWNE CENTRE, LLC, a Delaware limited liability company (“Landlord”), and AMYLIN PHARMACEUTICALS, INC., a Delaware corporation (“Tenant”).

RECITALS

A. The Premises (as defined below in the Basic Lease Provisions) is subject to that certain Lease dated as of January 2, 1989, between Nexus/Gadco-UTC, a California Joint Venture, and its successor in interest Nippon Landic (U.S.A.) Inc. (collectively, “Original Landlord”), as landlord, and Tenant, as tenant, as amended by that certain Amendment to Lease dated as of February 23, 1989, that certain Second Amendment to Lease dated as of July 29, 1991, that certain Third Amendment to Lease dated as of August 22, 1991, that certain Fourth Amendment to Lease dated as of February 26, 1997, that certain Fifth Amendment to Lease dated as of February 8, 1999, that certain Sixth Amendment to Lease dated as of October 11, 1999, that certain Seventh Amendment to Lease dated as of March 1, 2000, that certain Eighth Amendment to Lease dated as of May 2, 2000, that certain Ninth Amendment to Lease dated as of October 15, 2001, that certain Tenth Amendment to Lease dated August 20, 2002, and that certain Eleventh Amendment to Lease dated January 23, 2003 (as amended, the “Prior Lease”). Landlord has succeeded to the interest of Original Landlord under the Prior Lease.

B. Tenant has requested and Landlord has agreed, subject to the terms and conditions set forth herein, to terminate the Prior Lease and enter into this Lease.

BASIC LEASE PROVISIONS

Address: 9363 and 9373 Towne Centre Drive, San Diego, California

Premises: That portion of the Project, containing approximately 77,173 rentable square feet, consisting of (i) approximately 45,030 rentable square feet (the “9363 Premises”) located in the building at 9363 Towne Centre Drive, San Diego, California (the “9363 Building”), more particularly shown on shown on Exhibit A-1, and (ii) approximately 32,173 rentable square feet (the “9373 Premises”) located in the building at 9373 Towne Centre Drive, San Diego, California (the “9373 Building”), more particularly shown on shown on Exhibit A-2.

Project: The real property on which the 9363 Building and 9373 Building (collectively, the “Building”) in which the Premises are located and on which the building located at 9393 Towne Centre Drive is located, together with all improvements thereon and appurtenances thereto as described on Exhibit B.

Base Rent: For 9363 Premises: $2.40 per rentable square foot per month, subject to adjustment pursuant to Section 4.

For 9373 Premises: $63,799.94 per month, subject to adjustment pursuant to Sections 3(b) and 4.

Rentable Area of Premises: 77,173 sq. ft.

Rentable Area of 9363 Building: 45,030 sq. ft.	9363 Building’s Share of Project: 32.38%

	Rentable Area of 9373 Building: 52,228 sq. ft.		9373 Building’s Share of Project: 37.56%

	Rentable Area of Project: 139,038 sq. ft.

	Tenant’s Share of Operating Expenses: 55.5%

	Security Deposit: $250,000.00

	Rent Adjustment Percentage: 3%

	Commencement Date: September 1, 2003

Base Term:		Beginning on the Commencement Date and ending on January 31, 2015.

Permitted Use:		Research and development laboratory, related office and other related uses consistent with the character of the Project and otherwise in compliance with the provisions of Section 7.

Address for Rent Payment:			Landlord’s Notice Address:
135 N. Los Robles Avenue, Suite 250 Pasadena, CA 91101 Attention: Accounts Receivable			135 N. Los Robles Avenue, Suite 250 Pasadena, CA 91101 Attention: Corporate Secretary

Tenant’s Notice Address:
9360 Towne Centre Drive, Suite 110 San Diego, California 92121 Attention: Reed Vickerman

The following Exhibits and Addenda are attached hereto and incorporated herein by this reference:

ý EXHIBIT A – 1 DESCRIPTION OF 9363 PREMISES

ý EXHIBIT A – 2 DESCRIPTION OF 9373 PREMISES

ý EXHIBIT B - DESCRIPTION OF PROJECT

ý EXHIBIT C – WORK LETTER

ý EXHIBIT D – INTENTIONALLY OMITTED

ý EXHIBIT E - RULES AND REGULATIONS

ý EXHIBIT F – TENANT’S PERSONAL PROPERTY

ý EXHIBIT G – SUBLEASE PREMISES DESCRIPTION

ý EXHIBIT H – AVAILABLE SPACE DESCRIPTION

ý EXHIBIT I – HVAC EQUIPMENT

1. 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.” Subject to Landlord’s obligations under Section 10 with respect to providing substitute parking, Landlord reserves the right to modify Common Areas; provided, however, that such modifications do not materially adversely affect (i) Tenant’s access to the Premises other than on a temporary basis, or (ii) Tenant’s use of the Premises for the Permitted Use.

2. Prior Lease; Lease Term; Acceptance of Premises.

(a) Prior Lease.

(i) Landlord and Tenant hereby acknowledge and agree that, as of the Prior Lease Termination Date (as hereinafter defined), the Prior Lease contains the complete agreement

between Landlord and Tenant with respect to the Premises, and is in full force and effect, subject to subsection 2(a)(iii).

(ii) Tenant hereby certifies to Landlord (and its successors and assigns) that, as of the Prior Lease Termination Date, (A) Tenant has no right, title, or interest in or to the Premises or the Project other than as a lessee of the Premises under the Prior Lease and as a sublessee of the Sublease Premises (as defined in Section 42), (B) Tenant has no option, right of first refusal, right of first offer, or other right to acquire or purchase all or any portion of, or interest in, the Premises or the Project, (C) Tenant has not sublet any portion of the Premises or assigned any portion of the Prior Lease to any sublessee or assignee, and (D) Landlord has performed all obligations required of Landlord pursuant to the Prior Lease. Landlord and Tenant hereby certify to one another (and their respective successors and assigns) that, as of the Prior Lease Termination Date, (x) each has the full right, power and authority to enter into this Lease and to perform its obligations hereunder and has obtained all necessary consents and approvals required under the documents governing its affairs in order to execute this Lease and to perform its obligations hereunder, and (y) each of the persons executing this Lease on its behalf has the full right, power and authority so to do. To Landlord’s actual knowledge, without any duty of inquiry or investigation, Tenant has performed all obligations as of the date hereof required to be performed by Tenant under the Prior Lease and there are currently no monetary defaults under the Prior Lease. The matters described in the foregoing certifications shall remain and be true and correct, in all material respects, as of the Commencement Date.

(iii) As of 11:59 p.m. on August 31, 2003 (the “Prior Lease Termination Date”), the Prior Lease shall terminate and be of no further force or effect and neither Landlord nor Tenant shall have any other right, title, or interest, of any kind, direct or indirect, in any portion of the Premises or the Project under the Prior Lease, except as expressly provided in this Lease. All obligations of the parties under the Prior Lease which are by their terms intended to survive the termination of the Prior Lease (including, without limitation, indemnity obligations and obligations concerning the condition and repair of the Premises and/or the Project) (the “Prior Lease Obligations”) shall survive such termination of the Prior Lease for the benefit of Landlord and Tenant, as the case may be. Landlord and Tenant each hereby reserves all rights and claims that such party may have against the other party for any such Prior Lease Obligations. Landlord and Tenant acknowledge and agree that their obligations to one another with respect to reconciling Operating Expenses (as defined under the Prior Lease) for the period from January 1, 2003, until the Prior Lease Termination Date shall survive the termination of the Prior Lease. Landlord and Tenant also acknowledge and agree that Tenant’s obligation under the Prior Lease to pay to Landlord $1,606 on the first day of each month through and including March 1, 2004, for remodeling the common areas of the 9373 Building shall survive the termination of the Prior Lease. This Lease constitutes the complete agreement of Landlord and Tenant with respect to the subject matter hereof and supersedes any and all prior representations, inducements, promises, agreements, understandings, and negotiations that are not contained herein including, without limitation, the Prior Lease.

(b) Term. The “Term” of this Lease shall be the Base Term, as defined above in the Basic Lease Provisions and, if applicable, the Extension Term(s) (as hereinafter defined) which Tenant may elect pursuant to Section 45.

(c) Acceptance of Premises. Tenant has been in possession of, and conducting business in, the Premises under the Prior Lease and intends to continue conducting business in the Premises, without interruption between the Prior Lease Termination Date and the Commencement Date. Tenant accepts the Premises “as is”, in their condition as of the Commencement Date, without any qualifications, restrictions, or limitations, subject to all applicable Legal Requirements (as defined in Section 7) and Landlord’s repair and maintenance obligations under Section 13 and with respect to the exterior walls, roof structure (excluding the roof membrane) and the foundation. Further, since the Premises will not be empty and/or unoccupied at any time prior to the Commencement Date and Landlord will have no opportunity to inspect, examine, and/or audit the Premises in order to establish the condition of the

Premises as of the Commencement Date, Landlord shall have no liability for any defects in the Premises (whether latent or patent). Nothing in the preceding sentence is intended to limit or reduce Landlord’s repair and maintenance obligations under Section 13 and with respect to the exterior walls, roof structure (excluding the roof membrane) and the foundation. Except for Landlord’s HVAC Work (as defined in Section 2(e)), the Roof Work (as defined in Section 2(f)), and any obligations under the Work Letter, Landlord shall have no obligation to perform any work or to refurbish, finish, or otherwise alter the Premises in order to prepare the Premises for Tenant’s use or occupancy. Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. Landlord, in executing this Lease, does so in reliance upon Tenant’s representations, warranties, acknowledgments, and agreements contained herein. Nothing contained in this paragraph is intended to limit or reduce Landlord’s obligations under Section 13 or make Tenant responsible for the matters described as exclusions to Operating Expenses in Section 5(a) - (x).

(d) Tenant Improvements to 9373 Premises. In accordance with the Work Letter, Tenant shall cause the Tenant Improvements (as defined in the Work Letter) to be constructed in the 9373 Premises at a cost to Landlord not to exceed $1,286,920 which shall include the cost of construction, construction management by Landlord (for which Landlord shall be paid Administrative Rent (as defined in the Work Letter) not to exceed $25,000), cost of space planning, architect, engineering and other related services, building permits and other planning and inspection fees. Tenant shall be required to provide Landlord with prior written notice of the date on which the construction of the Tenant Improvements shall commence (the “TI Commencement Date”), which date shall be no later than April 15, 2004. The period commencing on the TI Commencement Date and ending 8 months thereafter is hereinafter referred to as the “TI Work Period.”

(e) Landlord’s HVAC Work. Landlord shall, at Landlord’s sole cost and expense, (i) utilize the infrastructure in the existing central plant at the 9363 Building and add a chiller, cooling tower and air handler (with the specifications and capacity as more particularly described on Exhibit I) to service the first floor at the 9373 Building (collectively, the “Central Plant Modifications”), and (ii) provide new package units to service the office improvements on the second floor of the 9373 Building ((i) and (ii) are hereinafter collectively referred to as the “HVAC Work”). Tenant acknowledges and agrees that the central plant at the 9363 Building, as modified by the Central Plant Modifications, will not have the capacity to accommodate conversion of the second floor of either the 9363 Building or 9373 Building to laboratory space. Landlord shall endeavor to cause the HVAC Work to be completed during the TI Work Period. Tenant acknowledges that the construction of the HVAC Work may adversely impact the construction of the Tenant Improvements and Tenant’s use and enjoyment of the Premises and Tenant agrees to cooperate with Landlord and to permit Landlord and its contractors to enter the Premises so that the Central Plant Modifications may be completed.

(f) Roof. Landlord shall, at Landlord’s sole cost and expense, replace and install a new roof on the 9373 Building (the “Roof Work”). The Roof Work shall be undertaken and completed during the TI Work Period. Tenant acknowledges that the Roof Work may adversely impact the construction of the Tenant Improvements and Tenant’s use and enjoyment of the 9373 Premises and Tenant agrees to cooperate with Landlord and to permit Landlord and its contractors to access the 9373 Premises to do the Roof Work.

3. Rent.

(a) Base Rent. Tenant shall pay to Landlord in advance, without demand, abatement, deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month during the Term hereof in lawful money of the United States of America, at the office of Landlord for payment of Rent set forth above, or to such other person or at such other place as Landlord may from time to time designate in writing. Payments of Base Rent for any fractional calendar month shall be prorated. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of

Landlord under this Lease are independent obligations. Tenant shall have no right at any time to abate, reduce, or set-off any Rent (as defined in Section 5) due hereunder except for any abatement as may be expressly provided in this Lease.

(b) Rent Abatement for 9373 Premises. During the period commencing on January 1, 2004, and ending on August 31, 2004, Tenant shall not be required to pay Base Rent or Operating Expenses for the 9373 Premises only. Tenant’s obligation to resume paying Base Rent and Operating Expenses for the 9373 Premises shall commence on September 1, 2004 (the “Rent Resumption Date”) and Tenant shall be required to pay Base Rent for the 9373 Premises at that time in the amount of $2.10 per rentable square foot per month.

(c) Additional Rent. In addition to Base Rent, Tenant agrees to pay to Landlord as additional rent (“Additional Rent”): (i) Tenant’s Share of “Operating Expenses” (as defined in Section 5), and (ii) any and all other amounts Tenant assumes or agrees to pay under the provisions of this Lease, including, without limitation, any and all other sums that may become due by reason of any default of Tenant or failure to comply with the agreements, terms, covenants and conditions of this Lease to be performed by Tenant, after any applicable notice and cure period.

4. Base Rent Adjustments. Base Rent shall be increased on September 1 of each year during the Term of this Lease (each an “Adjustment Date”) by multiplying the Base Rent payable immediately before such Adjustment Date by the Rent Adjustment Percentage and adding the resulting amount to the Base Rent payable immediately before such Adjustment Date. Notwithstanding anything to the contrary contained in the preceding sentence, the first Adjustment Date for Base Rent for the 9373 Premises shall occur on September 1, 2005. Base Rent, as so adjusted, shall thereafter be due as provided herein. Base Rent adjustments for any fractional calendar month shall be prorated.

5. Operating Expense Payments. Landlord shall deliver to Tenant a written estimate of Operating Expenses for each calendar year during the Term (the “Annual Estimate”), which may be revised by Landlord from time to time during such calendar year. During each month of the Term, on the same date that Base Rent is due, Tenant shall pay Landlord an amount equal to 1/12^th of Tenant’s Share of the Annual Estimate. Payments for any fractional calendar month shall be prorated.

The term “Operating Expenses” means all costs and expenses of any kind or description whatsoever incurred or accrued each calendar year by Landlord with respect to the Building (including the Building’s Share of all costs and expenses of any kind or description incurred or accrued by Landlord with respect to the Project which are not specific to the Building or any other building located in the Project) (including, without duplication, Taxes (as defined in Section 9), capital repairs and improvements amortized over the lesser of 7 years and the useful life of such capital items, and administrative rent in the amount of 3.0% of Base Rent), excluding only:

(a) the original construction costs of the Project, renovation and remodeling prior to the date of the Lease and during the Term, and costs of correcting defects in such original construction, renovation or remodeling;

(b) the cost of maintenance of the structural elements of the following portions of the Project: exterior walls, roof structures (excluding the roof membrane) and foundation;

(d) interest, principal payments of Mortgage (as defined in Section 27) debts of Landlord, financing costs and amortization of funds borrowed by Landlord, whether secured or unsecured and all payments of base rent (but not taxes or operating expenses except to the extent that they are duplicative of Taxes or Operating Expenses) under any ground lease or other underlying lease of all or any portion of the Project;

(e) depreciation of the Project (except for capital improvements, the cost of which are includable in Operating Expenses to the extent permitted herein);

(f) advertising, legal and space planning expenses and leasing commissions and other costs and expenses incurred in procuring and leasing space to tenants for the Project, including any leasing office maintained in the Project, free rent, construction allowances for tenants, and advertising and marketing expenses;

(g) legal and other expenses incurred in the negotiation or enforcement of leases;

(h) completing, fixturing, improving, renovating, painting, redecorating or other work, which Landlord pays for or performs for other tenants within their premises, and costs of correcting defects in such work, and costs for any special service provided to a tenant of the Project which is not provided generally to tenants of the Project;

(i) costs of utilities outside normal business hours sold to tenants of the Project;

(j) costs to be reimbursed by other tenants of the Project or Taxes to be paid directly by Tenant or other tenants of the Project, whether or not actually paid;

(k) salaries, wages, benefits and other compensation paid to officers and employees of Landlord who are not assigned in whole or in part to the operation, management, maintenance or repair of the Project;

(l) general organizational, administrative and overhead costs relating to maintaining Landlord’s existence, either as a corporation, partnership, or other entity, including general corporate, legal and accounting expenses;

(m) costs (including attorneys’ fees and costs of settlement, judgments and payments in lieu thereof) incurred in connection with disputes with tenants, other occupants, or prospective tenants, and costs and expenses, including legal fees, incurred in connection with negotiations or disputes with employees, consultants, management agents, leasing agents, purchasers or mortgagees of the Building;

(n) fines, expenses and costs incurred by Landlord due to the violation by Landlord, its employees, agents or contractors or any tenant of the terms and conditions of any lease of space in the Project or any Legal Requirement (as defined in Section 7);

(o) penalties, fines or interest incurred as a result of Landlord’s inability or failure to make payment of Taxes and/or to file any tax or informational returns when due, or from Landlord’s failure to make any payment of Taxes required to be made by Landlord hereunder before delinquency;

(p) overhead and profit increment paid to Landlord or to subsidiaries or affiliates of Landlord for goods and/or services in or to the Project to the extent the same exceeds the costs of such goods and/or services rendered by unaffiliated third parties on a competitive basis;

(q) costs of Landlord’s charitable or political contributions, or of fine art maintained at the Project;

(r) costs in connection with services (including electricity), items or other benefits of a type which are not standard for the Project and which are not available to Tenant without specific charges therefor, but which are provided to another tenant or occupant of the Project, whether or not such other tenant or occupant is specifically charged therefor by Landlord;

(s) costs incurred in the sale or refinancing of the Project;

(t) net income taxes of Landlord or the owner of any interest in the Project, franchise, capital stock, gift, estate or inheritance taxes or any federal, state or local documentary taxes imposed against the Project or any portion thereof or interest therein;

(u) any expenses otherwise includable within Operating Expenses to the extent actually reimbursed by persons other than tenants of the Project under leases for space in the Project, except as set forth in Section 5(j) above;

(v) costs incurred in connection with environmental clean up, response action or remediation on, in or under or about the Project (other than the Premises), except to the extent caused or contributed to or exacerbated by Tenant or any Tenant Party in which case Tenant shall be solely responsible for the costs thereof;

(w) costs which would be recoverable by Landlord pursuant to its insurance policies (provided, however, that nothing contained in this clause (w) is intended to require Landlord to submit claims for matters which Landlord does not reasonably believe are covered by its insurance policies);

(x) any costs, fees or expenses for management, supervision, overhead or administration which are in addition to or which are duplicative of the 3.0% administrative fee described above.

Within 90 days after the end of each calendar year (or such longer period as may be reasonably required), Landlord shall furnish to Tenant a statement (an “Annual Statement”) showing in reasonable detail: (a) the total and Tenant’s Share of actual Operating Expenses for the previous calendar year, and (b) the total of Tenant’s payments in respect of Operating Expenses for such year. If Tenant’s Share of actual Operating Expenses for such year exceeds Tenant’s payments of Operating Expenses for such year, the excess shall be due and payable by Tenant as Rent within 30 days after delivery of such Annual Statement to Tenant. If Tenant’s payments of Operating Expenses for such year exceed Tenant’s Share of actual Operating Expenses for such year Landlord shall pay the excess to Tenant within 30 days after delivery of such Annual Statement, except that after the expiration, or earlier termination of the Term or if Tenant is delinquent in its obligation to pay Rent, Landlord shall pay the excess to Tenant after deducting all other amounts due Landlord.

The Annual Statement shall be final and binding upon Tenant unless Tenant, within 90 days after Tenant’s receipt thereof, shall contest any item therein by giving written notice to Landlord, specifying each item contested and the reason therefor. If, during such 90 day period, Tenant reasonably and in good faith questions or contests the accuracy of Landlord’s statement of Tenant’s Share of Operating Expenses, Landlord will provide Tenant with access to Landlord’s books and records relating to the operation of the Project and such information as Landlord reasonably determines to be responsive to Tenant’s questions (the “Expense Information”). If after Tenant’s review of such Expense Information, Landlord and Tenant cannot agree upon the amount of Tenant’s Share of Operating Expenses, then Tenant shall have the right to have an independent public accounting firm selected by Tenant from among the 5 largest in the United States, working pursuant to a fee arrangement other than a contingent fee (at Tenant’s sole cost and expense), audit and/or review the Expense Information for the year in question (the “Independent Review”). The results of any such Independent Review shall be binding on Landlord and Tenant. If the Independent Review shows that the payments actually made by Tenant with respect to Operating Expenses for the calendar year in question exceeded Tenant’s Share of Operating Expenses for such calendar year, Landlord shall at Landlord’s option either (i) credit the excess amount to the next succeeding installments of estimated Operating Expenses or (ii) pay the excess to Tenant within 30 days after delivery of such statement, except that after the expiration or earlier termination of this Lease or if Tenant is delinquent in its obligation to pay Rent, Landlord shall pay the excess to Tenant after deducting all other amounts due Landlord. If the Independent Review shows that Tenant’s payments with respect to Operating Expenses for such calendar year were less than Tenant’s Share of Operating Expenses for the calendar year, Tenant shall pay the deficiency to Landlord within 30 days after delivery of such statement. If the Independent Review shows that Tenant has overpaid with respect to Operating Expenses by more than 5% then Landlord shall reimburse Tenant for all costs incurred by Tenant for the Independent Review. Operating Expenses for the calendar years in which Tenant’s

obligation to share therein begins and ends shall be prorated. Notwithstanding anything set forth herein to the contrary, if the Building is not at least 95% occupied on average during any year of the Term, Tenant’s Share of Operating Expenses for such year shall be computed as though the Building had been 95% occupied on average during such year.

“Tenant’s Share” shall be the percentage set forth in the Basic Lease Provisions of this Lease as Tenant’s Share as reasonably adjusted by Landlord for changes in the physical size of the Premises or the Project occurring thereafter. Landlord may equitably increase Tenant’s Share for any item of expense or cost reimbursable by Tenant that relates to a repair, replacement, or service that benefits only the Premises or only a portion of the Project that includes the Premises or that varies with occupancy or use. Base Rent, Tenant’s Share of Operating Expenses and all other amounts payable by Tenant to Landlord hereunder are collectively referred to herein as “Rent.”

6. Security Deposit. Tenant shall deposit with Landlord, upon delivery of an executed copy of this Lease to Landlord, a security deposit (the “Security Deposit”) for the performance of all of Tenant’s obligations hereunder in the amount set forth in the Basic Lease Provisions of this Lease, which Security Deposit shall be in the form of cash. Notwithstanding anything to the contrary contained in the preceding sentence, Landlord acknowledges that Landlord is holding a security deposit under the Prior Lease in the amount of $95,000 and that, at Tenant’s request, such amount shall be applied toward the amount of the Security Deposit required to be deposited by Tenant with Landlord under this Lease. The Security Deposit shall be held by Landlord in a separate account and Tenant shall be entitled to any interest earned on the Security Deposit. The Security Deposit shall be held by Landlord as security for the performance of Tenant’s obligations under this Lease. The Security Deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s default. Upon each occurrence of a Default (as defined in Section 20), Landlord may use all or any part of the Security Deposit to pay delinquent payments due under this Lease, and the cost of any damage, injury, expense or liability caused by such Default, without prejudice to any other remedy provided herein or provided by law. Upon any such use of all or any portion of the Security Deposit, Tenant shall pay Landlord on demand the amount that will restore the Security Deposit to the amount set forth on Page 1 of this Lease. Tenant hereby waives the provisions of any law, now or hereafter in force, which provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of Rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may, in addition, claim those sums reasonably necessary to compensate Landlord for any other loss or damage, foreseeable or unforeseeable, caused by the act or omission of Tenant or any officer, employee, agent or invitee of Tenant. Upon bankruptcy or other debtor-creditor proceedings against Tenant, the Security Deposit shall be deemed to be applied first to the payment of Rent and other charges due Landlord for periods prior to the filing of such proceedings. Upon any such use of all or any portion of the Security Deposit, Tenant shall, within 5 days after demand from Landlord, restore the Security Deposit to its original amount. If Tenant shall fully perform every provision of this Lease to be performed by Tenant, the Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of this Lease), shall be returned to Tenant (or, at Landlord’s option, to the last assignee of Tenant’s interest hereunder) within 60 days after the expiration or earlier termination of this Lease.

If Landlord transfers its interest in the Project or this Lease, Landlord shall either (a) transfer any Security Deposit then held by Landlord to a person or entity assuming Landlord’s obligations under this Section 6, or (b) return to Tenant any Security Deposit then held by Landlord and remaining after the deductions permitted herein. Upon such transfer to such transferee or the return of the Security Deposit to Tenant, Landlord shall have no further obligation with respect to the Security Deposit, and Tenant’s right to the return of the Security Deposit shall apply solely against Landlord’s transferee. The Security Deposit is not an advance rental deposit or a measure of Landlord’s damages in case of Tenant’s default. Landlord’s obligation respecting the Security Deposit is that of a debtor, not a trustee, and no interest shall accrue thereon.

7. Use. The Premises shall be used solely for the Permitted Use set forth in the Basic Lease Provisions of this Lease, and in compliance with all laws, orders, judgments, ordinances,

regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises, and to the use and occupancy thereof, including, without limitation, the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with the regulations promulgated pursuant thereto, “ADA”) (collectively, “Legal Requirements” and each, a “Legal Requirement”). Tenant shall, upon 5 days’ written notice from Landlord, discontinue any use of the Premises which is declared by any Governmental Authority (as defined in Section 9) having jurisdiction to be a violation of a Legal Requirement. Tenant will not use or permit the Premises to be used for any purpose or in any manner that would void Tenant’s or Landlord’s insurance, increase the insurance risk, or cause the disallowance of any sprinkler or other credits. Tenant shall not permit any part of the Premises to be used as a “place of public accommodation”, as defined in the ADA or any similar legal requirement. Tenant shall reimburse Landlord promptly upon demand for any additional premium charged for any such insurance policy by reason of Tenant’s failure to comply with the provisions of this Section or otherwise caused by Tenant’s use and/or occupancy of the Premises. Tenant will use the Premises in a careful, safe and proper manner and will not commit or permit waste, overload the floor or structure of the Premises, subject the Premises to use that would damage the Premises or obstruct or interfere with the rights of Landlord or other tenants or occupants of the Project, including conducting or giving notice of any auction, liquidation, or going out of business sale on the Premises, or using or allowing the Premises to be used for any unlawful purpose. Tenant shall cause any equipment or machinery to be installed in the Premises so as to reasonably prevent sounds or vibrations from the Premises from extending into Common Areas, or other space in the Project. Tenant shall not place any machinery or equipment in or upon the Premises if the weight of the same exceeds the structural capacity of the Building or move such items through the Common Areas of the Project or in the Project elevators without the prior written consent of Landlord. Except as may be provided under the Work Letter, Tenant shall not, without the prior written consent of Landlord and Tenant’s agreement to pay the additional cost thereof, use the Premises in any manner which will require ventilation, air exchange, heating, gas, steam, electricity or water beyond the existing capacity of the Project as proportionately allocated to the Premises based upon Tenant’s Share as usually furnished for the Permitted Use.

Landlord shall, as an Operating Expense, be responsible for and shall make any alterations or modifications to the Common Areas or the exterior of the Building that are required by Legal Requirements, including the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq. (together with regulations promulgated pursuant thereto, “ADA”)). Tenant, at its sole expense, shall make any alterations or modifications to the Premises that are required by Legal Requirements (including, without limitation, compliance of the Premises with the ADA) related to Tenant’s use or occupancy of the Premises. Notwithstanding any other provision herein to the contrary, Tenant shall be responsible for any and all demands, claims, liabilities, losses, costs, expenses, actions, causes of action, damages or judgments, and all reasonable expenses incurred in investigating or resisting the same (including, without limitation, reasonable attorneys’ fees, charges and disbursements and costs of suit) (collectively, “Claims”) arising out of or in connection with Legal Requirements, and Tenant shall indemnify, defend, hold and save Landlord harmless from and against any and all Claims arising out of or in connection with any failure of the Premises to comply with any Legal Requirement.

8. Holding Over. If, with Landlord’s express written consent, Tenant retains possession of the Premises after the termination of the Term, (i) unless otherwise agreed in such written consent, such possession shall be subject to immediate termination by Landlord at any time, (ii) all of the other terms and provisions of this Lease (including, without limitation, the adjustment of Base Rent pursuant to Section 4) shall remain in full force and effect (excluding any expansion or renewal option or other similar right or option) during such holdover period, (iii) Tenant shall continue to pay Base Rent in the amount payable upon the date of the expiration or earlier termination of this Lease or such other amount as Landlord may indicate, in Landlord’s sole and absolute discretion, in such written consent, and (iv) all other payments shall continue under the terms of this Lease. If Tenant remains in possession of the Premises after the expiration or earlier termination of the Term without the express written consent of Landlord, (A) Tenant shall become a tenant at sufferance upon the terms of this Lease except that the monthly rental shall be equal to 150% of Rent in effect during the last 30 days of the Term, and (B) Tenant shall be responsible for all damages suffered by Landlord resulting from or occasioned by Tenant’s holding over; provided, however, that Landlord shall not be entitled to consequential damages

unless Landlord has provided Tenant with written notice, prior to expiration or earlier termination of the Term, advising Tenant of the facts that could result in a claim for consequential damages. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided, and this Section 8 shall not be construed as consent for Tenant to retain possession of the Premises. Acceptance by Landlord of Rent after the expiration of the Term or earlier termination of this Lease shall not result in a renewal or reinstatement of this Lease.

9. Taxes. Landlord shall pay, as part of Operating Expenses, all taxes, levies, assessments and governmental charges of any kind (collectively referred to as “Taxes”) imposed by any federal, state, regional, municipal, local or other governmental authority or agency, including, without limitation, quasi-public agencies (collectively, “Governmental Authority”) during the Term, including, without limitation, all Taxes: (i) imposed on or measured by or based, in whole or in part, on rent payable to Landlord under this Lease and/or from the rental by Landlord of the Project or any portion thereof, or (ii) based on the square footage, assessed value or other measure or evaluation of any kind of the Premises or the Project, or (iii) assessed or imposed by or on the operation or maintenance of any portion of the Premises or the Project, including parking, or (iv) assessed or imposed by, or at the direction of, or resulting from statutes or regulations, or interpretations thereof, promulgated by, any Governmental Authority, or (v) imposed as a license or other fee on Landlord’s business of leasing space in the Project. Landlord may contest by appropriate legal proceedings the amount, validity, or application of any Taxes or liens securing Taxes. Taxes shall not include any net income taxes imposed on Landlord unless such net income taxes are in substitution for any Taxes payable hereunder. If any such Tax is levied or assessed directly against Tenant, then Tenant shall be responsible for and shall pay the same at such times and in such manner as the taxing authority shall require. Tenant shall pay, prior to delinquency, any and all Taxes levied or assessed against any personal property or trade fixtures placed by Tenant in the Premises, whether levied or assessed against Landlord or Tenant. If any Taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property, or if the assessed valuation of the Project is increased by a value attributable to improvements in or alterations to the Premises, whether owned by Landlord or Tenant and whether or not affixed to the real property so as to become a part thereof, higher than the base valuation on which Landlord from time-to-time allocates Taxes to all tenants in the Project, Landlord shall have the right, but not the obligation, to pay such Taxes. Landlord’s determination of any excess assessed valuation shall be binding and conclusive, provided such determination is reasonable and made in good faith. The amount of any such payment by Landlord shall constitute Additional Rent due from Tenant to Landlord within 30 days after demand.

10. Parking. Landlord covenants and agrees that Landlord shall, during the Term of this Lease, maintain the number of parking spaces at the Project required by applicable Legal Requirements. Subject to all matters of record, Force Majeure, a Taking (as defined in Section 19) and the exercise by Landlord of its rights hereunder, Tenant shall have the right, in common with other tenants of the Project, to use 254 parking spaces at the Project, at no cost to Tenant during the Base Term, subject in each case to Landlord’s reasonable rules and regulations which shall not be enforced on a discriminatory basis. Of the parking spaces allocated to Tenant pursuant to the preceding sentence, (i) 2 parking spaces shall be reserved spaces in the garage, (ii) 7 parking spaces shall be on the parking deck, (iii) 217 parking spaces shall be useable parking spaces in areas designated for non-reserved parking, and (iv) 28 parking spaces shall be for Tenant’s use for equipment and storage purposes. Notwithstanding anything to the contrary contained herein, Tenant shall be required to pay to Landlord $400 per month (“Parking Rent”) for its use of 8 of the parking spaces described in clause (iv) of the preceding sentence. On September 1 of each year during the Base Term, Parking Rent shall be increased by the Rent Adjustment Percentage. Tenant may use additional parking spaces for equipment and storage purposes; provided, however, that such additional parking spaces also count towards the total number of parking spaces allocated to Tenant pursuant to the first sentence of this Section 10. Landlord shall not be responsible for enforcing Tenant’s parking rights against any third parties, including other tenants of the Project. If Tenant leases directly from Landlord other premises at the Project such as the Available Space and/or the Sublease Space (as such terms are hereinafter defined), Tenant shall have the right, in common with other tenants at the Project pro rata in accordance with the rentable area of such other space and the rentable areas of the Project occupied by such other tenants, to park in those areas designated for non-reserved parking.

If any of the parking spaces allocated to Tenant pursuant to this Section 10 are eliminated during the Term solely as a result of the matters within Landlord’s reasonable control (as opposed to matters not within Landlord’s reasonable control such as condemnation or casualty) and not in connection with a benefit being provided by Landlord specifically for Tenant (e.g., at Tenant’s request or in connection with the Bridge), Landlord shall make substitute parking (for the number of spaces eliminated) available for use by Tenant.

11. Utilities, Services. The Premises are stubbed to receive water, electricity, heat, light, power, telephone and sewer service. Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services for the Common Areas (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord may cause, at Landlord’s expense, any Utilities to be separately metered or charged directly to Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Except in the case of an emergency, Landlord shall provide Tenant with written notice at least 3 business days prior to Landlord intentionally interrupting any Utilities to the Premises. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use.

Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators for the 9363 Building with not less than the capacity of the emergency generators located in the 9363 Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Landlord shall provide Tenant with written notice at least 5 business days prior to any replacement, repair or maintenance of the emergency generators during which the emergency generators are scheduled not to be operational.

12. Alterations and Tenant’s Property. Any alterations, additions, or improvements made to the Premises by or on behalf of Tenant, including additional locks or bolts of any kind or nature upon any doors or windows in the Premises, but excluding installation, removal or realignment of furniture systems (other than removal of furniture systems owned or paid for by Landlord) not involving any modifications to the structure or connections (other then by ordinary plugs or jacks) to Building Systems (as defined in Section 13) (“Alterations”) shall be subject to Landlord’s prior written consent, which may be given or withheld in Landlord’s sole discretion if any such Alteration affects the structure or Building Systems. Tenant may construct nonstructural Alterations in the Premises without Landlord’s prior approval if the aggregate cost of all such work does not exceed $25,000 for any single Alteration and does not exceed $100,000 for all Alterations in any 12 month period (collectively, a “Notice-Only Alteration”), provided Tenant notifies Landlord in writing of such intended Notice-Only Alteration, and such notice shall be accompanied by plans and specifications (if the subject Alterations require plans and specifications), work contracts and such other information concerning the nature and cost of the Notice-Only Alteration as may be reasonably requested by Landlord, which notice and accompanying materials shall be delivered to Landlord not less than 10 business days in advance of any proposed construction. If

Landlord approves any Alterations, Landlord may impose such conditions on Tenant in connection with the commencement, performance and completion of such Alterations as Landlord may deem appropriate in Landlord’s sole and absolute discretion. Any request for approval shall be in writing, delivered not less than 15 business days in advance of any proposed construction, and accompanied by plans, specifications, bid proposals, work contracts and such other information concerning the nature and cost of the alterations as may be reasonably requested by Landlord, including the identities and mailing addresses of all persons performing work or supplying materials. Landlord’s right to review plans and specifications and to monitor construction shall be solely for its own benefit, and Landlord shall have no duty to ensure that such plans and specifications or construction comply with applicable Legal Requirements. Tenant shall cause, at its sole cost and expense, all Alterations to comply with insurance requirements and with Legal Requirements and shall implement at its sole cost and expense any alteration or modification required by Legal Requirements as a result of any Alterations. With respect to any non-cosmetic Alteration and/or any Alteration which requires a permit or plans, Tenant shall pay to Landlord, as Additional Rent, on demand an amount equal to 3% of all charges incurred by Tenant or its contractors or agents in connection with such Alteration to cover Landlord’s overhead and expenses for plan review, coordination, scheduling and supervision. (The preceding sentence shall not apply to the Tenant Improvements being constructed pursuant to the Work Letter. With respect to the Tenant Improvements, Tenant shall pay Administrative Rent as provided for in the Work Letter. ) Before Tenant begins any Alteration, Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable law. Tenant shall reimburse Landlord for, and indemnify and hold Landlord harmless from, any expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, delays caused by such work, or inadequate cleanup.

Tenant shall provide (and cause each contractor or subcontractor to provide) certificates of insurance for workers’ compensation and other coverage in amounts and from an insurance company satisfactory to Landlord protecting Landlord against liability for personal injury or property damage during construction. Upon completion of any Alterations, Tenant shall deliver to Landlord: (i) sworn statements setting forth the names of all contractors and subcontractors who did the work and final lien waivers from all such contractors and subcontractors; and (ii) “as built” plans for any such Alteration.

Other than (i) the items, if any, listed on Exhibit F attached hereto, (ii) any items agreed by Landlord in writing to be included on Exhibit F in the future, and (iii) any trade fixtures, machinery, equipment and other personal property not paid for out of the TI Allowance (as defined in the Work Letter) which may be removed without material damage to the Premises, which damage shall be repaired (including capping or terminating utility hook-ups on the surface of walls or floors) by Tenant during the Term (collectively, “Tenant’s Property”), all property of any kind paid for with the TI Allowance, all Alterations, real property fixtures, built-in machinery and equipment, built-in casework and cabinets and other similar additions and improvements built into the Premises so as to become an integral part of the Premises such as fume hoods which penetrate the roof or plenum area, built-in cold rooms, built-in warm rooms, walk-in cold rooms, walk-in warm rooms, deionized water systems, glass washing equipment, autoclaves, chillers, built-in plumbing, electrical and mechanical equipment and systems, and any power generator and transfer switch (collectively, “Installations”) shall be and shall remain the property of Landlord during the Term and following the expiration or earlier termination of the Term, shall not be removed by Tenant at any time during the Term and shall remain upon and be surrendered with the Premises as a part thereof in accordance with Section 28 following the expiration or earlier termination of this Lease; provided, however, that Landlord shall, at the time its approval of such Installation is requested or at the time it receives notice of a Notice-Only Alteration notify Tenant in writing if Landlord has elected to cause Tenant to remove such Installation upon the expiration or earlier termination of this Lease. If Landlord so elects and notifies Tenant in writing of such election at the time of its approval of such Installation is requested or at the time it receives notice of a Notice-Only Alteration, Tenant shall remove such Installation upon the expiration or earlier termination of this Lease and restore any damage caused by or occasioned as a result of such removal, including, when removing any of Tenant’s Property which was plumbed, wired or otherwise connected to any of the Building Systems, capping off all such connections on the surface of the walls of the Premises and repairing any holes. Tenant shall perform such removal and repair work prior to the expiration or termination of this Lease and if such work

continues after the expiration or termination of this Lease, Tenant shall pay Rent to Landlord as provided herein for such period as if said space were otherwise occupied by Tenant.

13. Landlord’s Repairs. Landlord, as an Operating Expense, shall maintain all of the structural (except as provided for in Section 5(b)), exterior, parking and other Common Areas of the Project, including HVAC, plumbing, fire sprinklers, elevators and all other building systems serving the Premises and other portions of the Project (“Building Systems”), in good repair, reasonable wear and tear and uninsured losses and damages caused by Tenant, or by any of Tenant’s agents, servants, employees, invitees and contractors (collectively, “Tenant Parties”) excluded. Losses and damages caused by Tenant or any Tenant Party shall be repaired by Landlord, to the extent not covered by insurance, at Tenant’s sole cost and expense, subject to the waiver of subrogation requirements herein. Notwithstanding anything to the contrary contained in the first sentence of this Section 13, Landlord may, at any time and from time to time, request that Tenant maintain the HVAC and/or some or all of the other Building Systems and, unless Tenant agrees to do so, Tenant shall have no obligation to undertake the requested maintenance. Landlord reserves the right to stop Building Systems services when necessary (i) by reason of accident or emergency, or (ii) for planned repairs, alterations or improvements, which are, in the judgment of Landlord, desirable or necessary to be made, until said repairs, alterations or improvements shall have been completed, provided such repairs are diligently prosecuted to completion. Landlord shall have no responsibility or liability for failure to supply Building Systems services during any such period of interruption; provided, however, that Landlord shall, except in case of emergency, make a commercially reasonable effort to give Tenant 24 hours advance notice of any planned stoppage of Building Systems services for routine maintenance, repairs, alterations or improvements. Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to this Section, after which Landlord shall make a commercially reasonable effort to effect such repair. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after Tenant’s written notice of the need for such repairs or maintenance. Tenant waives its rights under any state or local law to terminate this Lease or to make such repairs at Landlord’s expense and agrees that the parties’ respective rights with respect to such matters shall be solely as set forth herein. Repairs required as the result of fire, earthquake, flood, vandalism, war, or similar cause of damage or destruction shall be controlled by Section 18.

Notwithstanding anything to the contrary contained in this Section 13, Landlord shall use commercially reasonable efforts to commence and diligently prosecute to completion, within 30 days after receipt of written notice from Tenant specifying the repairs required to be performed, any repairs required to be performed by Landlord under this Lease; provided, however, if such repairs require a period of time in excess of 30 days to complete, then Landlord shall have such additional period of period of time as is reasonably necessary to complete such repairs.

14. Tenant’s Repairs. Subject to Section 13, Tenant, at its expense, shall repair, replace and maintain in good condition all portions of the Premises, including, without limitation, entries, doors, ceilings, interior windows, interior walls, and the interior side of demising walls. Such repair and replacement may include capital expenditures and repairs whose benefit may extend beyond the Term. Notwithstanding anything to the contrary contained in the preceding sentence, Tenant shall not be required to make any structural repairs or replacements within the Premises unless such repairs or replacements are required as a result of the Tenant Improvements, Alterations, Tenant’s particular use of the Premises or Tenant’s negligence or willful misconduct. Should Tenant fail to make any such repair or replacement or fail to maintain the Premises, Landlord shall give Tenant notice of such failure. If Tenant fails to commence cure of such failure within 10 days of Landlord’s notice, and thereafter diligently prosecute such cure to completion, Landlord may perform such work and shall be reimbursed by Tenant within 10 days after demand therefor; provided, however, that if such failure by Tenant creates or could create an emergency, Landlord may immediately commence cure of such failure and shall thereafter be entitled to recover the costs of such cure from Tenant. Subject to Sections 17 and 18, Tenant shall bear the full uninsured cost of any repair or replacement to any part of the Project that results from damage caused by Tenant or any Tenant Party and any repair that benefits only the Premises.

15. Mechanic’s Liens. Tenant shall discharge, by bond or otherwise, any mechanic’s lien filed against the Premises or against the Project for work claimed to have been done for, or materials claimed to have been furnished to, Tenant within 10 days after the filing thereof, at Tenant’s sole cost and shall otherwise keep the Premises and the Project free from any liens arising out of work performed, materials furnished or obligations incurred by Tenant. Should Tenant fail to discharge any lien described herein, Landlord shall have the right, but not the obligation, to pay such claim or post a bond or otherwise provide security to eliminate the lien as a claim against title to the Project and the cost thereof shall be immediately due from Tenant as Additional Rent. If Tenant shall lease or finance the acquisition of office equipment, furnishings, or other personal property of a removable nature utilized by Tenant in the operation of Tenant’s business, Tenant warrants that any Uniform Commercial Code Financing Statement filed as a matter of public record by any lessor or creditor of Tenant will upon its face or by exhibit thereto indicate that such Financing Statement is applicable only to removable personal property of Tenant located within the Premises. In no event shall the address of the Project be furnished on the statement without qualifying language as to applicability of the lien only to removable personal property, located in an identified suite held by Tenant.

16. Indemnification. Tenant hereby indemnifies and agrees to defend, save and hold Landlord harmless from and against any and all Claims for injury or death to persons or damage to property occurring within or about the Premises, arising directly or indirectly out of use or occupancy of the Premises or a breach or default by Tenant in the performance of any of its obligations hereunder, except to the extent caused by the willful misconduct or negligence of Landlord.

Landlord hereby indemnifies and agrees to defend, save and hold Tenant harmless from and against any and all Claims for injury or death to persons or damage to property occurring within the Project arising directly and solely out of the negligence or willful misconduct of Landlord while in or on the Project, except those occurring within the Premises and except if caused by the willful misconduct or negligence of Tenant or any of the Tenant Parties.

Notwithstanding anything to the contrary contained herein, Landlord shall not be liable to Tenant for, and Tenant assumes all risk of damage to, personal property (including, without limitation, loss of records kept within the Premises). Tenant further waives any and all Claims for injury to Tenant’s business or loss of income relating to any such damage or destruction of personal property (including, without limitation, any loss of records). Landlord shall not be liable for any damages arising from any act, omission or neglect of any tenant in the Project or of any other third party.

17. Insurance. Landlord shall maintain all risk property and, if applicable, sprinkler damage insurance covering the full replacement cost of the Project or such lesser coverage amount as Landlord may elect provided such coverage amount is not less than 90% of such full replacement cost. Landlord shall further procure and maintain commercial general liability insurance with a single loss limit of not less than $5,000,000 for bodily injury and property damage with respect to the Project. Landlord may, but is not obligated to, maintain such other insurance and additional coverages as it may deem necessary, including, but not limited to, flood, environmental hazard and earthquake, loss or failure of building equipment, errors and omissions, rental loss during the period of repair or rebuilding, workers’ compensation insurance and fidelity bonds for employees employed to perform services and insurance for any improvements installed by Tenant or which are in addition to the standard improvements customarily furnished by Landlord without regard to whether or not such are made a part of the Project. All such insurance shall be included as part of the Operating Expenses. The Project may be included in a blanket policy (in which case the cost of such insurance allocable to the Project will be determined by Landlord based upon the insurer’s cost calculations). Tenant shall also reimburse Landlord for any increased premiums or additional insurance which Landlord reasonably deems necessary as a result of Tenant’s use of the Premises.

Tenant, at its sole cost and expense, shall maintain during the Term: all risk property insurance with business interruption and extra expense coverage, covering the full replacement cost of all property and improvements installed or placed in the Premises by Tenant at Tenant’s expense; workers’ compensation insurance with no less than the minimum limits required by law; employer’s liability