Time is of the essence

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Notwithstanding monthly rent as provided in Section 2 above, LESSEE may deduct $1,054.66 per month (to be apportioned for any partial month) from each monthly rental payment due from the Delivery Date through the day immediately preceding the first anniversary of the Delivery Date (only), provided LESSOR receives each such monthly payment on or before the first day of the month for which such rent is due and LESSEE is not then in arrears of any rent or invoice payments or otherwise in default of the lease beyond all applicable notice and cure periods. Time is of the essence.

LESSEE shall have the one-time right to extend the term of the lease, including all terms and escalations, etc., for one additional successive period of five years by serving LESSOR with written notice of such election. The time for serving such written notice shall be not more than 12 months or less than six months prior to the expiration of the then-current lease term. In the event that LESSEE elects to so extend the term, LESSOR shall have the right to reject such extension by serving LESSEE with written notice to that effect within 30 days following the date LESSOR receives LESSEE’s election notice, whereupon the extension shall be of no force or effect. In the event that LESSEE fails to timely extend the term, or LESSOR timely rejects LESSEE’s election to extend, the then-current term shall expire at its then-current expiration date. Time is of the essence.

N. * Prior to the lease termination or any relocation by LESSEE to another facility of LESSOR, LESSEE may remove telecommunications equipment supplied and installed by LESSEE, provided LESSEE is not in arrears of any rent or invoice payments or otherwise in default of this lease, and has satisfactorily complied with all other terms of this lease. LESSEE shall repair any and all damage resulting from such removal, restore the premises to their condition prior to the installation of said equipment, and in accordance with all applicable building and electrical codes and at LESSOR’s option, either remove or label all wiring and cabling associated with any telecommunications and computer network equipment. LESSEE must complete all such removal, labeling, repair, restoration and/or other work prior to the termination or relocation date. Time is of the essence.

equipment not exclusively serving office areas, as well as all exhaust and intake fan components, including belts and air filters. LESSEE shall be responsible for semiannual (or more frequent if necessary) cleaning and replenishment of neutralizing materials in all tanks, ensuring that all wastewater discharged from the premises is neutralized to a pH range between 6 and 9, or, in the case of deionized water, is appropriately diluted or treated, and fully complying with all applicable laws. Notwithstanding anything in Section 10 of the lease to the contrary, LESSEE acknowledges and agrees that the plumbing, electrical, heating and cooling systems serving the premises shall be maintained by LESSEE, at its sole expense, except that LESSOR shall maintain the restrooms and any of the above systems that exclusively serve(s) the office areas of the premises. LESSEE also agrees to accept all plumbing, electrical, heating and cooling systems in “as is” condition. Throughout the term of the lease, within 30 days following LESSOR’s request, but not more than twice in any one calendar year, and on or before the Turnover Date, LESSEE shall provide LESSOR with written evidence from a qualified third party of LESSEE’s compliance with the foregoing inspection, repair, and maintenance obligations. Time is of the essence.

Provided LESSEE is not then in arrears of any rent or invoice payments or otherwise in default of the lease beyond all applicable notice and cure periods, LESSEE shall have the right to extend the term of the lease including all terms and escalations therein, except that annual rent shall be reduced by $18,000, for one additional period of one year commencing on July 1, 2012 and ending on June 30, 2013, by serving LESSOR with written notice to that effect not less than 90 days prior to the expiration of the then-current lease term. Time is of the essence.

Effective July 1, 2011 (the “relocation date”), the local on of the premises shall be changed from 200 Boston Avenue, Suite 4100 to 196 Boston Avenue, Suites 2400, 2800, and 2700. As a result of this relocation, the size of the premises shall be decreased to a new total of approximately 2,616 square feet (including 20.9% common area). LESSEE shall vacate Suite 4100 on or before the relocation date or, as the case may be, the Extended Date (defined below), and any extended occupancy of Suite 4100 beyond the relocation date or, as the case may be, the Extended Date, shall be governed by Section 22 of the lease. LESSEE shall, upon vacating, be responsible for all damage to Suite 4100 in accordance with the lease, and shall promptly pay all just invoice(s) therefor. Time is of the essence.

If LESSOR and LESSEE do not fully execute the Plan by 4:00 PM on July 15, 2013, then LESSEE shall pay to LESSOR a fee equal to the product of $685 and the number of days constituting the period from July 15, 2013 through the date LESSEE executes the Plan (the “Late Plan Fee”). LESSEE shall pay the Late Plan Fee to LESSOR within 10 days following the date LESSEE executes the Plan. Notwithstanding anything to the contrary in this section, if LESSOR and LESSEE do not execute the Plan by 4:00 PM on August I , 2013, either party may cancel this extension (only) by serving the other party with written notice to that effect not later than 4:00 PM on August 2, 2013, in which event the Late Plan Fee shall not be due to LESSOR and LESSOR shall have no obligation to deliver the 200 Suites to LESSEE. LESSEE’s notice to cancel this extension shall only be effective if LESSEE is not then in arrears of any rent or invoice payments or otherwise in default of the lease beyond all applicable notice and cure periods. Time is of the essence.

At any one time dduring the extended term of the elase set forth in Section 1 above, provided by LESSEE is not then in arrears of any rent or invoice payment or otherwise indeafulat of the lease, if LESSEE and LESSOR fully execute a new lease for approximately 6,000 square feet for a minimum term of one year commencing on or before July 1, 2014, the within lease shall automatically terminate upon the later to occur of the commencement date of said new lease, and LESSEE’s vacating the premises in full accordance with the within lease. Time is of the essence.

Provided LESSEE is not then in arrears of any rent or invoice payments or otherwise in default of the lease beyond all applicable cure periods, LESSEE shall have a one-time option to cancel the lease for any reason or no reason at all, effective August 30, 2016, by serving LESSOR with written notice to that effect on or before 4:00 PM on February 28, 2016, along with a simultaneous payment of $73,700 (by bank check, certified check, cash, or wire transfer) as a lease termination fee. Time is of the essence.

C. * Notwithstanding anything in Sections 5 and 10 above to the contrary, and except as provided herein, LESSEE acknowledges and agrees that the plumbing, electrical, exhaust, heating and cooling systems serving the premises shall be maintained by LESSEE, at its sole expense, and LESSEE’s maintenance obligations shall specifically include, without limitation, monthly inspection, repair and replacement as needed of all acid neutralization, pH adjustment and other wastewater treatment tanks and equipment and drain lines into which said tanks and equipment discharge; backflow preventers; and all exhaust and intake fan components, including belts and air filters. LESSEE shall be responsible for semiannual (or more frequent if necessary) cleaning and replenishment of neutralizing materials in all tanks, ensuring that all wastewater discharged from the premises is neutralized to a pH range between 6 and 9, or, in the case of deionized water, is appropriately diluted or treated, and fully complying with all applicable laws. During the term of this lease, within 30 days following LESSOR’s request, and on or before the Vacate Date, LESSEE shall provide LESSOR with written evidence from a qualified third party of LESSEE’s compliance with the foregoing inspection, repair and maintenance obligations. LESSEE further acknowledges and agrees that certain non-building standard equipment including but not limited to heating, cooling and make-up air equipment, shall be used to serve the premises in common with other facilities at the building. Said equipment shall be maintained by LESSOR and LESSEE shall pay to LESSOR its proportionate share of any utility and maintenance fees and charges relating to the use of such equipment. Time is of the essence.

At any one time during the extended term of the lease set forth in Section 1 above, provided LESSEE is not then in arrears of any rent or invoice payment or otherwise in default of the lease, LESSEE shall have the option to lease larger space of approximately 20,000 square feet, which space shall be comparable to the premises in terms of layout, finishes and mix of office and laboratory areas. LESSEE shall give LESSOR written notice of LESSEE’s requirement for such space, and shall then execute LESSOR’s then-current standard form lease or amendment to lease for such space in the same or other buildings of LESSOR located in Medford or Woburn at LESSOR’s then-current published rates, for a five-year term, within three business days of LESSOR’s written notice to LESSEE that said larger space will be available. If LESSOR does not offer such larger space within six months after receipt of written notice from LESSEE, then LESSEE shall have the option within 30 days thereafter to terminate the unexpired portion of the lease, without penalty, by serving LESSOR with 30 days’ prior written notice to that effect. Cancellation of the lease shall be LESSEE’s exclusive remedy for any failure by LESSOR to offer such larger space or any breach by LESSOR of the terms of this section. Time is of the essence.

Effective February 15, 2019, the size of the premises shall be increased by approximately 5,771 square feet (including 10.7% common area), from approximately 19,250 square feet (including 10.7% common area), to a new total of approximately 25,021 square feet (including 10.7% common area) with the addition of approximately 9,977 square feet (including 10.7% common area) at 200 Boston Avenue, Suite 1000 and the relinquishment of approximately 4,206 square feet (including 10.7% common area) at 200 Boston Avenue, Suite 1900. Notwithstanding anything to the contrary in this section, LESSEE may continue to occupy Suite 1900 until 12:00 PM on February 20, 2019 without any obligation to pay additional rent beyond that set forth in Section 2 above, on account of LESSEE’s concurrent occupancy of Suites 3100, 201, 1000, 3300, 3500, and G-850, and Suite 1900, provided that during such concurrent occupancy, Suite 1900 shall be considered a part of the premises to which all terms of the lease shall continue to apply. Time is of the essence.

(b) Purchaser shall have a one-time right to extend the September 12, 2014 Closing Date to September 19, 2014 (TIME IS OF THE ESSENCE) by (i) delivering notice to Seller not later than 5:00 p.m. New York City local time on August 29, 2014 (TIME IS OF THE ESSENCE) notifying Seller of Purchaser’s election to extend the Closing Date to September 19, 2014 (the “September Extension Notice”) and (ii) depositing the sum of Five Hundred Seventy Five Thousand and No/100 Dollars ($575,000.00) (the “September Extension Earnest Money”) in immediately available federal funds with the Escrow Agent by the close of business in New York City on September 2, 2014 (TIME IS OF THE ESSENCE) to be held as Earnest Money subject to the terms and provisions of the Purchase Agreement. Upon Purchaser’s timely and proper delivery of the September Extension Notice and the September Extension Earnest Money, the Closing Date under Section 4.1 of the Purchase Agreement shall be extended to September 19, 2014 (TIME IS OF THE ESSENCE). Seller and Purchaser expressly acknowledge and agree that the effectiveness of the September Extension Notice is predicated upon both the requirements set forth in subsections (i) and (ii) above being satisfied within the required time periods, and in the event either one or both requirements have not been satisfied within the required time periods, Purchaser’s right to extend the Closing Date pursuant this subsection (b) shall be null and void, and the Closing Date shall remain September 12, 2014 (TIME IS OF THE ESSENCE).

later than 5:00 p.m. New York City local time on August 29, 2014 (TIME IS OF THE ESSENCE) notifying Seller of Purchaser’s election to extend the Closing Date to September 19, 2014 (the “September Extension Notice”) and (ii) depositing the sum of Four Hundred Twenty Five Thousand and No/100 Dollars ($425,000.00) (the “September Extension Earnest Money”) in immediately available federal funds with the Escrow Agent by the close of business in New York City on September 2, 2014 (TIME IS OF THE ESSENCE) to be held as Earnest Money subject to the terms and provisions of the Purchase Agreement. Upon Purchaser’s timely and proper delivery of the September Extension Notice and the September Extension Earnest Money, the Closing Date under Section 4.1 of the Purchase Agreement shall be extended to September 19, 2014 (TIME IS OF THE ESSENCE). Seller and Purchaser expressly acknowledge and agree that the effectiveness of the September Extension Notice is predicated upon both the requirements set forth in subsections (i) and (ii) above being satisfied within the required time periods, and in the event either one or both requirements have not been satisfied within the required time periods, Purchaser’s right to extend the Closing Date pursuant this subsection (b) shall be null and void, and the Closing Date shall remain September 12, 2014 (TIME IS OF THE ESSENCE).

(a) Prior to or on the date of this Amendment, and as a condition precedent to the effectiveness of this Amendment, Purchaser has deposited with the Escrow Agent the sum of Four Hundred Twenty Five Thousand and No/100 Dollars ($425,000.00) by wire transfer of immediately available funds (the “August Extension Earnest Money”) to be held as Earnest Money subject to the terms and provisions of the Purchase Agreement. Seller and Purchaser hereby agree that Section 4.1 of the Purchase Agreement is amended such that the Closing Date thereunder shall be extended to September 12, 2014 (TIME IS OF THE ESSENCE).

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