LEASE AGREEMENT

THIS LEASE AGREEMENT (“Lease”) is made this 8th day of January, 2007, by and between Canton Crossing Tower, LLC, a limited liability company (hereinafter referred to as “Landlord”) and First Mariner Bank, a Maryland corporation (hereinafter referred to as “Tenant”).

In consideration of the premises hereof and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby mutually agree as follows:

1.   Premises . Landlord does hereby lease to Tenant, and Tenant does hereby lease from Landlord, for the term and on the conditions hereinafter provided, approximately 1,400 rentable square feet of space on the 1 ^st floor, and known as Suite 120 (hereinafter referred to as the “Demised Premises”), of the building known as Canton Crossing Tower (“Building”), together with the right to the non-exclusive use, in common with others, of such footways, hallways, parking areas and other facilities designed for common use in the Building or on the land on which the Building is located (hereinafter collectively referred to as the “Property”). The Demised Premises are marked on the plan attached hereto as Exhibit A and incorporated herein by reference.

2.   Term .

(a)   The Demised Premises are leased for a term (hereinafter called the “Initial Term”) commencing on the eighth day of January, 2007, prorated to February 1, 2007 (hereinafter referred to as the “Lease Commencement Date”) and ending on the 31st day of January, 2017 (hereinafter referred to as the “Expiration Date”), unless the Term shall sooner cease or expire as hereinafter provided.

 Under the following terms and conditions, Tenant shall have the option to extend the Initial Term of this Lease for 4 additional term(s) of 5 years each (each such additional term being hereinafter referred to as the “Extension Period”). Such option shall be null and void unless (a) Tenant notifies Landlord in writing, of Tenant’s election to exercise that option not more than twelve (12) months, nor less than six (6) months prior to the date this Lease would otherwise expire; and (b) at the time of such exercise and at all times thereafter prior to the commencement of any Extension Period, this Lease is in full force and effect, Tenant is in actual occupancy of the Premises, and Tenant is not then in default of any of its obligations under this lease. Such Extension Period shall be upon the same terms and conditions as apply with respect to the Initial Term, except (a) Tenant shall have no right to extend the Term beyond the   4th Extension Period referred to above, and (b) the Minimum Rent for each year of the Extension Period shall be the ongoing rates adjusted in paragraph 5.

“Term” shall include each Extension Period for which the foregoing extension option shall be effective and has been duly exercised hereunder.

(b)   By taking of possession of the Demised Premises, Tenant shall be deemed to have accepted the same and to have acknowledged that Landlord’s work has been substantially completed subject to the Landlord’s completion of the items referenced in section 2 (b) above.

(c)   After the Lease Commencement Date, upon request of either party, Landlord and Tenant shall promptly execute, acknowledge and deliver to one another a written instrument, in the form of Exhibit C which is attached hereto, certifying the Lease Commencement Date and Expiration Date.

(d)   Tenant covenants and agrees to endeavor in good faith to comply with the time path to be established by Landlord in connection with the completion of the work to be performed by Landlord, as described in Exhibit B . If Tenant causes a delay in the delivery of possession of the Demised Premises by virtue of having failed to provide or approve plans and specifications, samples or other items which Tenant is required to provide or approve, within the deadlines required therefor, or by virtue of having requested changes in the work, or for any other material reason, then in such event, the Lease Commencement Date shall be on the date on which the Demised Premises would have been available for Tenant’s use and occupancy but for such Tenant delay, and Tenant’s obligations hereunder shall commence as of such date.

3.   Rent .

(a)   Tenant shall pay as Minimum Rent (hereinafter referred to as “Minimum Rent”) the amount of $25.00 per rental square foot or $35,000.00 per annum, payable in equal monthly installments of $2,916.67. Additionally, tenant shall pay the monthly common area maintenance charge of $6.50 per rental square foot or $9,100.00 per annum, payable in monthly installments of $758.34. The first installment of which shall be payable upon the execution of this Lease, for the period of January 8, 2007 thru January 31, 2007 of $2,845.17, and the remaining installments of which shall be payable in advance on the first (1st) day of each month thereafter at the office of Landlord herein designated (or at such other place as Landlord may designate in a notice to Tenant), without prior demand therefor and without any setoff, deduction or counterclaim whatsoever.

(b)   Upon signing this Lease, Tenant shall deposit with the Landlord the sum of $3,675.01, which shall be retained by the Landlord as security for the Tenant’s payment of Rent and performance of all of its obligations under the provisions of this lease. On the occurrence of an Event of Default (as defined herein), the Landlord shall be entitled, at its sole discretion, to (i) apply any or all of such sum in payment of any Rent then due and unpaid, any expense incurred by the Landlord in curing any such default, and/or any damages incurred by the Landlord by reason of such default (including but not limited to reasonable attorneys’ fees), in which event Tenant shall immediately restore the amount so applied, and/or (ii) to retain any or all of such sum in liquidation of any or all damages suffered by the Landlord by reason of such default. However, the foregoing shall not serve in any event to limit the rights, remedies and damages accruing to the Landlord in any provision of this Lease on account of default by Tenant. The security deposit shall not be applied to the last month’s installment of Rent; rather, upon the termination of this Lease, any of such security deposit then remaining shall be returned to the Tenant. Such security deposit shall not bear interest while being held by the Landlord hereunder.

(c)   Tenant shall pay as additional rent (“Additional Rent”) all such other amounts as shall become due and payable by Tenant to Landlord under this Lease. Except as specified elsewhere in this Lease, Additional Rent shall be paid by Tenant with the next monthly installment of Minimum Rent falling due upon receipt of an itemized statement. Landlord shall have the same remedies for default in the payment of Additional Rent as are available to Landlord in the case of default in the payment of Minimum Rent. (Hereinafter, the term “Rent” shall collectively refer to Minimum Rent and Additional Rent.)

(d)   If the Term of this Lease begins on a date other than the first day of a month, Rent from such other date to the first day of the following month shall be prorated at the rate of one-thirtieth (1/30th) of the fixed monthly rental for each day, payable in advance.

4.   Landlord’s Costs .

(a)   With the commencement of the Lease, and continuing for each subsequent calendar year or portion thereof during the Term, Tenant agrees to pay Landlord as Additional Rent, Tenant’s Pro Rata Share (as hereinafter defined) of the Landlord’s Costs (as hereinafter defined).

(b)   For purpose of this Lease:

(i)   “Tenant’s Pro Rata Share” shall mean 0.30% representing the ratio that the rentable area of the Demised Premises (i.e., 1,400 rentable square feet) bears to the total rentable area in the Building (i.e., 476,915 rentable square feet).

     (ii)   “Landlord’s Costs” shall mean the sum of Taxes and Assessments and Operating Expenses.

     (iii)   “Taxes and Assessments” shall mean all taxes, assessments and governmental charges (including personal property and real estate taxes), whether federal, state, county or municipal, and whether they be by taxing districts or authorities presently taxing the Property or by others subsequently created, and any other taxes and assessments (including franchise taxes) attributable to the Property or its operation, whether or not directly paid by Landlord, excluding, however, federal and state taxes on income (unless such income taxes replace, in whole or in part, real estate taxes). Taxes and Assessments shall be the amount due in cash for any year and shall not be determined on an accrual or fiscal year basis. It is agreed that Tenant shall be responsible for ad   valorem taxes on its personal property.

(iv)   Commencing after the calendar year in which the Commencement Date falls, Tenant shall pay to Landlord in each year of the Term a Pro Rata Share of the amount by which the Operating Expenses other than those charges covered in paragraph 3A and denominated as “common area maintenance charge”(defined below) for each such year exceed the Base Operating Expenses (defined below). “Operating Expenses” shall mean all expenses, costs and disbursements of every kind and nature incurred in conjunction with the ownership, management, maintenance, repair and operation of the Building and Property, including but not limited to the following: (1) cost of wages and salaries of all employees engaged in the operation and maintenance of the Building and surrounding grounds and common areas, including but not limited to payroll taxes, insurance and benefits; (2) cost of all supplies and materials used in the operation, maintenance and repair of the Building and all other portions of the Property; (3) cost of all utilities (including surcharges) including but not limited to water, sewer, HVAC Facilities Charges electricity and gas for both the rentable space and common areas of the Building; (4) costs incurred under all maintenance and service agreements for the Building, including but not limited to access control, energy management services, window cleaning, elevator maintenance, janitorial service and landscaping; (5) cost of insurance relating to all of such property, including but not limited to the cost of casualty and liability insurance; (7) property management fees and expenses; (8) cost of audit and accounting services solely for the Property; (9) the costs of any repairs, replacements or capital improvements required or made necessary by law or changes in law; (10) cost of any capital improvements made to the Building that, in the Landlord’s reasonable judgment, will reduce other operating expenses or increase energy efficiency; (11) cost of any licenses or permits required by any public authority; (12) all real property taxes, assessments, sewer rates, ad valorem charges, rents and charges, front foot benefit charges, all other governmental impositions in the nature of any of the foregoing, and all costs and expenses (including attorneys’ fees and court costs or other proceedings) incurred in contesting property tax assessments or any other such governmental impositions. For the purposes of this provision, operating Expenses shall not include (a) the cost of capital improvements (except as expressly provided above), (b) the cost of tenant improvements within tenant spaces, (c) ground rent or debt service, or (d) depreciation. The “Base Operating Expenses” shall be defined in the form of an Expense Stop equal to $6.50 per rentable square foot (the “Expense Stop”). Operating Expenses applicable during any calendar year during the Term of this lease that exceed the Expense Stop will be billed to the Tenant as Additional Rent. Tenant shall not be entitled to any credit or rebate in the event Operating Expenses in any one-year during the term are lower than the Expense Stop, unless Landlord has offered another Office Space tenant a lesser amount.

(c)   Landlord shall endeavor to give to Tenant, on or before the first day of April of each year, a written statement prepared by Landlord setting forth the increase, if any, in the Additional Rent payable by Tenant hereunder; provided, however that Landlord’s failure to give such statement by said date shall not constitute a waiver by Landlord of its right to require an increase in Additional Rent. An amount equal to 110% of any such increase shall be used as an estimate of the increase in Additional Rent for the then current year. The amount of the estimate shall be divided into twelve (12) equal monthly installments, and Tenant shall pay to Landlord concurrently with the regular Minimum Rent payment next due following the receipt of such statement, an amount equal to one (1) monthly installment multiplied by the number of months from January in the calendar year in which said statement is submitted to the month of such payment, both months inclusive. Subsequent installments shall be payable concurrently with the regular Minimum Rent payments for the balance of that calendar year, and shall continue until the next year’s statement is rendered. If during the next or any succeeding year the actual increase exceeds the estimated increase in Additional Rent, then upon receipt of a statement thereof from Landlord, Tenant shall pay a lump sum equal to the difference between the actual increase and the total of the monthly installments of estimated increases paid in the previous calendar year for which comparison is then being made. If in any year the estimated increase shall exceed the actual increase, then Landlord shall provide Tenant with a credit toward the next installment of Minimum Rent in an amount equal to the difference between the estimated increase and the actual increase. Upon termination of this Lease, any money owed by one party to the other shall be promptly paid. The foregoing obligation shall survive the termination or expiration of this Lease. Failure of Landlord to provide the timely written statements, on three separate occasions, setting forth the increase shall constitute waiver. Upon each failure of Landlord to provide said statement, Tenant must provide written notification of such failure, and provide Landlord 30 days to cure default.

(d)   Each statement provided by Landlord pursuant to this Section shall be conclusive and binding upon Tenant unless, within thirty (30) days after receipt of the statement, Tenant shall notify Landlord that it disputes the correctness of the statement, specifying the respects in which Tenant considers the statement to be incorrect. If Landlord and Tenant are unable to resolve the dispute, Tenant shall then have the right to inspect Landlord’s books and records relating to the statement. Landlord agrees to cooperate and make the books and records available for Tenant inspection, upon prior written notification from Tenant giving Landlord 30 days to comply. Pending determination of the dispute, Tenant shall pay, within ten (10) days after notice thereof, any amounts due from Tenant in accordance with the statement, but such payment shall be without prejudice to Tenant’s position.

5.   Annual Adjustment to Rent . Commencing on the first (1st) anniversary of the Lease Commencement Date, and on each such anniversary thereafter during the Term (each of such dates being hereinafter referred to as “Adjustment Date”), the Minimum Rent shall be increased by an amount equal to the product of (i) the Minimum Rent in effect immediately preceding the Adjustment Date then at hand (disregarding any rental concessions or abatements then in effect), and (ii) CPI not to exceed three percent (3%). The Minimum Rent, as adjusted, shall be due and payable as of such Adjustment Date and on the first (1st) day of each month thereafter until the next Adjustment Date or the end of the Term, as applicable.

6.   Past Due Rent and Late Charges . Each payment of Rent shall be made promptly when due, without any demand, deduction or setoff whatsoever, at the place directed by the Landlord. Any payment of Rent not made when due shall, at Landlord’s sole option, bear interest at the rate of 18% per annum from the due date until paid. Additionally, any payment of Rent not paid within 10 days of when due shall be considered delinquent and subject to a late payment charge, for each occurrence of delinquency, of 5% of the amount overdue and payable. This late payment shall be in addition to the interest provided for above and shall be due and payable with the next succeeding Rent payment. The obligation to pay Rent shall survive the termination of the Lease.

7.   Use of Demised Premises . Tenant shall continuously use and occupy the Demised Premises solely for providing financial services and products subject to, and in accordance with, all applicable zoning and other governmental regulations. Tenant shall not abandon or substantially abandon the Demised Premises. Tenant shall not obstruct, interfere or conflict with the rights of other tenants, nor perform or fail to perform any action which would conflict with the fire laws or regulations, or with any insurance policy for the Property, or with any local, state or federal statutes, rules or regulations now existing or subsequently enacted, nor shall Tenant use or permit the Demised Premises (or any part thereof) to be used for any disorderly, unlawful or hazardous purposes, or for any purpose other than that specified herein. Tenant shall not generate trash or other refuse in form different, or quantity greater, than customarily generated by a normal office use for an area the size of the Demised Premises.

8.   Common Area . All common areas and facilities not within the Demised Premises which Tenant is hereby permitted to use are to be used and occupied under a revocable license, on a non-exclusive basis in common with other tenants and their respective employees, agents and invitees; and if the amount of such areas shall be diminished, Landlord shall not be subject to any liability nor shall Tenant be entitled to any compensation or diminution or abatement of Rent, nor shall such diminution of such areas be deemed constructive or actual eviction; provided however, that such diminution shall not impair ingress or egress nor impair Tenant’s ability to conduct business in the ordinary manner.

9.   Parking . Parking for the Property includes the non-exclusive right to use 6 spaces in the surface parking areas as directed by Landlord. The parking areas and surface lot are referred to as the “Parking Facilities.” The use of the Parking Facilities by Tenant, and Tenant’s employees, visitors, invitees and licensees, shall be at their sole risk and expense, and in no event shall Landlord have any liability for damage, to or theft or loss of, property of Tenant or of Tenant’s employees, visitors, invitees or licensees sustained in or about the Parking Facilities. The Parking Facilities shall be subject to reasonable rules and regulations governing the use thereof, a copy, which is attached hereto as Exhibit E. Tenant agrees to keep, observe and comply with all such rules and regulations, and will direct and require its employees, visitors, invitees and licensees to comply therewith. No one is authorized to accept possession of any vehicle from Tenant or from Tenant’s employees, visitors, invitees or licensees, or to accept custody of any articles from Tenant.

10.   Subletting and Assignment . Other than to it’s wholly owned subsidiaries and affiliates, Tenant shall not sublet the Demised Premises or any part thereof, nor transfer possession or occupancy thereof to any person, firm or corporation, nor transfer or assign this Lease, without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed, nor shall any subletting or assignment hereof be effected by operation of law or otherwise without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. If Tenant is a non-public corporation, any transfer of a majority of Tenant’s issued and outstanding capital stock shall be deemed an assignment under this Section. If Tenant is a partnership, any transfer of any interest in the partnership or other change in the composition of the partnership which results in a change in the management of Tenant from the person(s) managing the partnership on the date hereof shall be deemed an assignment under this Section. In the event Tenant desires to assign this Lease or sublet all or any portion of the Demised Premises, Tenant shall give to Landlord thirty (30) days prior written notice of Tenant’s intention to do so. Within thirty (30) days after receipt of said notice, Landlord shall have the right to sublet the Demised Premises from Tenant at the same Minimum Rent and Additional Rent stipulated herein. In the event Landlord has not exercised its right to sublet the Demised Premises as provided above in this paragraph, Tenant may assign this Lease or sublet all or a portion of the Demised Premises as set forth in the notice after first obtaining the written consent of Landlord, as aforesaid, which consent shall not be unreasonably withheld or delayed. If Tenant does not so assign or sublet within sixty (60) days of the original notice to Landlord pursuant to this paragraph, then Tenant shall again be required to comply with the notice provision hereof, and Landlord shall again have the right to sublet. The consent by Landlord to any assignment or subletting by Tenant to another party shall not be construed as a waiver or release of Tenant from the terms of any covenant or obligation under this Lease, nor shall the collection or acceptance of rent from any such assignee or subtenant constitute a waiver or release of Tenant from any covenant or obligation contained in this Lease, nor shall any such assignment or subletting relieve Tenant from the requirement to give Landlord thirty (30) days prior written notice or from obtaining Landlord’s prior written consent to any future assignment or subletting. Tenant shall pay as Additional Rent all costs including reasonable attorney’s fees, incurred by Landlord, in connection with the approving and documenting any subletting/or assignment. In the event of a default of Tenant under Section 26, Tenant hereby assigns to Landlord the rent due from any subtenant of Tenant, and hereby authorizes each such subtenant to pay said rent directly to Landlord. Such assignment shall cease upon the curing of the default.

11.   Upkeep of Demised Premises and Surrender .

(a)   Tenant shall keep the Demised Premises and the fixtures and equipment therein in a clean, safe and sanitary condition, shall take good care thereof and shall permit no waste or injury thereto. Tenant shall make all repairs to the Demised Premises necessitated by the acts or omissions of Tenant, or its agents, employees, contractors, licensees or invitees.

(b)   Tenant shall, at the expiration or termination of the Term of this Lease, surrender and deliver the Demised Premises to Landlord broom clean, and in the same order and condition as the same now is or shall be in at the commencement of the Term together with all equipment and built-ins such as refrigerator, microwave oven, and cabinets, ordinary wear and tear and casualties for which Tenant is not responsible hereunder excepted. Upon the expiration or termination of this Lease, Landlord shall have the right to re-enter and resume possession of the Demised Premises.

12.   Alterations .

(a)   The Landlord shall have the right to perform all Premises Work (as hereinafter defined) reasonably requested by Tenant, at Tenant’s expense under the conditions as defined in Section 12d below, during the Term of the Lease. Tenant understands and agrees that any work requiring a building permit will necessitate preparation of drawings and Tenant agrees to pay for same, including the cost of the building permit. The Landlord shall charge Tenant a fee equal to ten percent (10%) of the total cost of alterations in the event it elects to perform said work. In the event that Landlord does not elect to perform said Premises Work, then Tenant shall obtain Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed, prior to performing any Premises Work and shall use contractors that are reasonably acceptable to Landlord. Tenant shall provide such drawings, plans and specifications as are requested by Landlord in reviewing any such proposed improvements. If Landlord consents to such Premises Work, it shall be made at Tenant’s sole cost and expense and at such time and in such manner so as to not unreasonably interfere with the use and enjoyment of the Building by any other tenant. Tenant shall not make any alteration, addition or improvement to the Premises, whether structural or nonstructural, without Landlord’s prior written consent, which shall not be unreasonably withheld or delayed. Tenant shall provide such drawings, plans and specifications as are requested by Landlord in reviewing any such proposed improvements. If Landlord consents to any such proposed alteration, addition or improvement, it shall be made at Tenant’s sole cost and expense and at such time and in such manner as to not unreasonably interfere with the use and enjoyment of the remainder of the Premises by any other tenant or other person. Landlord may, as a condition of granting its consent or approval hereunder, require Tenant to post such payment and performance bonds as Landlord deems reasonable to protect Landlord, any Mortgagee, and the Premises. In making any alteration, addition or improvement to the Premises, Tenant shall use materials equal or exceeding in quality and kind the original construction, as certified by the architect who designed the Premises or by such other architect as is designated by Landlord. All such alterations, additions and improvements shall be performed (a) in a good and workmanlike manner; (b) in accordance with all applicable laws and regulations, including but not limited to the ADA (Americans with Disabilities Act); (c) in accordance with all applicable insurance requirements and requirements of any Mortgagee; and (d) in accordance with the drawings, plans and specifications approved by Landlord. All work performed by Tenant shall be subject to Landlord’s inspection and approval to determine whether it complies with the requirements of this Lease. Prior to the commencement of any such work by Tenant, Tenant shall obtain all necessary endorsements to the insurance required by Section 22 hereof to be sure the same covers the performance of such work. Furthermore, Tenant shall defend, indemnify and hold harmless Landlord from and against any and all damages, losses or liability arising from such alterations or improvements or the construction thereof by Tenant, its agents, servants, invitees and employees other than Landlord. For purposes hereof, the term “Premises Work” shall mean the following: any construction, repair, refurbishment or restoration, including without limitation, tenant improvements, build-out, alterations, additions, improvements, renovations, repairs, remodeling, painting and installations of fixtures, mechanical, electrical, plumbing, data, security, telecommunications, low voltage or elevator equipment or systems or other equipment, or with respect to any other construction work in or to the Demised Premises.

(b)   All alterations, installations, fixtures, changes, replacements, additions or improvements, including wall-to-wall carpet, within the Demised Premises shall, at the election of Landlord, remain upon the Demised Premises and be surrendered with the Demised Premises at the expiration or termination of the Lease without disturbance, molestation or injury. Should Landlord elect that alterations, installations, changes, replacements, additions to or improvements made by Landlord at Tenant’s request after the commencement of the Term be removed upon the expiration or termination of this Lease, then Landlord shall so notify Tenant at the time Tenant requests such alterations and Landlord, at Tenant’s expense, shall remove the same and shall restore the Demised Premises to their original condition. The cost of such removal and restoration shall be deemed to be Additional Rent.

(c)   If during the Term of this Lease, Tenant, with or without the consent of Landlord, shall make any improvements or alterations to the Demised Premises, any mechanic’s lien is filed against the Demised Premises or the Property for work or material claimed to have been done for or furnished to Tenant, such mechanic’s lien shall be discharged by Tenant within ten (10) days thereafter or action seeking its dismissal, at Tenant’s sole cost and expense, by payment thereof or by posting such bond or paying such amount as will effect a release of such lien. If Tenant shall fail to discharge or obtain the release of any such mechanic’s lien, Landlord may, at its option, discharge or release the same and treat the cost thereof (including reasonable attorneys’ fees incurred by Landlord) as Additional Rent payable with the monthly installment of Minimum Rent next becoming due; and such discharge or release by Landlord shall not be deemed to waive the default of Tenant in not discharging or releasing the same. Tenant shall indemnify and hold Landlord and the holders of any mortgages or deeds of trust on the Property harmless from and against any and all expenses, liens, claims or damages to person or property, which may arise by reason of Tenant having made any alterations.

(d.) All costs and expenses of designing and constructing improvements and alterations to the Demised Premises as outlined in Exhibit B and described in this section shall be paid as follows:

     (i) Regardless of whether the Space Improvements (i.e., Premises Work) are being constructed by Landlord or by Tenant, Landlord shall provide and pay an allowance (the “Allowance”) of $25 per rentable square foot of the Premises towards (1.) the costs of designing the space plan in Exhibit B and all of the plans and specifications for the Space Improvements, including mechanical and electrical drawings and (2.) the costs of constructing the Space Improvements, including but not limited to all fees, costs and expenses paid under construction contracts and subcontracts, construction managers’ fees, costs and expenses, the cost of materials, supplies, permits and other items and any other out-of-pocket expenditures incurred in any connection with such construction. Such Allowance shall not be paid for any other costs or purposes. Tenant shall pay any and all costs of designing and constructing the Space Improvements, which are in excess of the Allowance.

(ii) If the Space Improvements are to be constructed by Landlord, Tenant shall pay to Landlord the amount by which the total costs to Landlord of designing and constructing the Space Improvements exceeds the Allowance within 15 days after receiving Landlord’s written statement of such costs. Tenant shall, prior to Landlord’s beginning construction of the improvements, provide a bond, letter of credit or other security satisfactory to Landlord or Tenant’s performance of the foregoing obligation in the event the costs of the Space Improvements (including any modifications requested by Tenant) are significant in the estimation of Landlord. Tenant shall provide this required security within 15 days after request by Landlord.

(iii) If the Space Improvements are to be constructed by Tenant, Landlord shall disburse the Allowance in portions (but not more frequently than once per month) to pay for completed work, and directly to the professionals, contractors and other parties performing the work upon presentation for each disbursement of (1.) a requisition substantially in the form of AIA Requisition Forms G702 and G703, including a description of all completed work for which payment is requested, the amount requested with a breakdown by each trade comprising the work, and the percentage of the entire project completed after taking into account all such work, (2.) approval by Landlord’s construction manager or other designated person of the requisition, (3.) conditional lien waivers from all parties for whom such payment is requested releasing all liens which may arise on account of the work performed by such parties to the date of the request for payment, and (4.) unconditional lien waivers covering all work up to and including the immediate preceding payment. Withheld from each disbursement shall be the applicable retainage, not to be less than 10% as provided, which retainage shall be paid and disbursed upon (1.) completion of the Space Improvements as required by the applicable contract(s), (2.) delivery of unconditional lien waivers as described above for all work comprising the improvements, and (3.) issuance of a certificate of occupancy or other applicable approval by the local authorities permitting occupancy of the Demised Premises by Tenant for business.

(iv)   If the Space Improvements are to be constructed by Landlord, Landlord shall use commercially reasonable efforts to complete such improvements on or before the Target Date (i.e., date of completion as agreed to be Tenant and Landlord), but Landlord shall have no liability to the Tenant hereunder if prevented from doing so due to strike or other labor troubles, governmental restrictions, failure or shortage of utility service, national or local emergency, accident, flood, fire or other casualty, adverse weather condition, other act of God, inability to obtain a building permit or a certificate of occupancy, or any other cause beyond Landlord’s reasonable control. In such event, the Commencement Date and Expiration Date shall be postponed for a period equaling the length of such delay, but in no event beyond. However, if any delay in completion of the Space Improvements or in delivering possession of the Premises to Tenant are caused by Tenant, all terms herein shall be effective and binding, on that date reasonably calculated by Landlord or it’s contractor as the date on which Landlord would have substantially completed the Space Improvements if not for such delay.

13.   Floor Loading . Landlord shall have the right to prescribe the weight, method of installation and position of safes or other heavy fixtures or equipment. Tenant shall not install in the Demised Premises any fixtures, equipment or machinery that shall place a load upon any floor exceeding the floor load per square foot of area which the floor was designed to carry. Tenant agrees that all damage done to the Property by taking in or removing a safe or any other article of Tenant’s equipment, or due to its being in the Demised Premises, shall be repaired at the expense of Tenant. No freight furniture or other bulky matter of any kind shall be received on the Property or carried in the elevators, except as approved by Landlord, which approval will not be unreasonably withheld or delayed (who shall in no event be responsible for any damage to or charges for moving the same). Tenant agrees promptly to remove from the public area any of Tenant’s property there delivered or deposited. The floor load per square foot area is 100 pounds.

14.   Tenant’s Equipment .

(a) Tenant shall not install or operate in the Demised Premises (i) any electrically operated equipment or other machinery, other than, typewriters, personal computers with low electrical consumption, adding machines, copying machines and such other electrically operated office machinery and equipment normally used in general office space; or (ii) any electrically operated equipment or other machinery using more than 120 volts, without first obtaining the prior written consent of Landlord. Such consent by Landlord may be conditioned upon the payment by Tenant of Additional Rent in compensation for such excess consumption of electricity and for the cost of installation and maintenance of additional wiring and/or submeters as may be necessitated by said equipment or machinery. Landlord hereby consents to the installation of a computer room in the Demised Premises provided that the Tenant pays the costs set forth in the preceding sentences and complies with the requirements of the remainder of this Section 14. Tenant shall not install any other equipment of any kind or nature which may necessitate any changes, replacements, additions to, or use of, the water, heating, air conditioning, plumbing or electrical systems of the Property, without first obtaining the prior written consent of Landlord, which may be given or withheld in Landlord’s sole and absolute discretion. Permitted machinery and equipment belonging to Tenant which cause noise or vibrations that may be transmitted to any part of the Property to such a degree as to be objectionable to Landlord or to any tenant of the Property shall be installed and maintained by Tenant, at Tenant’s expense, on vibration eliminators or other devices sufficient to eliminate such noise and vibrations.

(b)   Maintenance and repair of equipment such as kitchen fixtures, separate air conditioning equipment, or any other type of special equipment or lighting, whether installed by Tenant or by Landlord on behalf of Tenant, shall be the sole responsibility of Tenant, and Landlord shall have no obligation in connection therewith.

15.   Notice of Defects . Tenant shall give Landlord prompt notice of any defects or breakage in the structure, equipment or fixtures of the Demised Premises or Property.

16.   Liability .

(a) Landlord assumes no liability or responsibility whatsoever with respect to the conduct and operation of the business to be conducted in the Demised Premises. Landlord shall not be liable for any accident or injury to any person(s) or property in or about the Demised Premises or the Property which are caused by the conduct and operation of Tenant’s business or by virtue of equipment or property of Tenant in the Demised Premises.

(b)   Landlord shall not be liable for any accident or damage caused by electric light or wires, or any accident or damage which may occur through the operation of elevators, heating, air conditioning, lighting or plumbing apparatus, or any accident or injury occurring in connection with the Property and its services unless caused by Landlord’s negligence. All personal property of Tenant in the Demised Premises or on the Property shall be at the sole risk of Tenant. Landlord shall not be liable