EMPLOYMENT DEVELOPMENT DEPARTMENT (4)

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Schedule "J,in Actermhilna 17MRR, For purposes of dotorntining the FMRR, the following procedure Shill apply; I If Tonant duly exercises any Extension Option and duly rejoets Landlord's detertrinatlon (in Its Market Rent Notice or the FMRR for the Extension, then Landlord and Tonant shall endeavor to agree upon the FMRR for rite Rxtcusian Term on or before the Outside Agreement Dole (dellned below). If Landlordl and Tenant are unable to agree upon the FMRR far the Extension Term on or belbre the Outside Agreement bate, then die FMRR for the Extension Term shall be determined by arbitration pursuant to Section 2 urthis Schedule "J-3 Tha"Oufdda Agreement Dnte" 111MIS the dale that is ten (10) business days alter the date that Tenant notifies Landlord, In Its Marital Real Romponse Notice that Tenant has rejouted Lmdlord's initial delannination orthe FMRR for the. Extension Term. 2 if Landlord and Tenant shall fall to agree upon the FMRR for the Extenstml Term oil or before the applicable Outside Agreement Date, then within ten (10) business days thereafter, each of Landlord and Tenant shall submit to the other its Yield demrmlandon of the FMRR for the Extension Team and such final determinations shall be sabaililad to arbitration (as Tenant's and Landlord's "Submitted FMRR," respectively) in . accordance with the following: 2.1 Landlord and Tenant Slnall each appoint one arbitrator who shall by profession be a real estate broker who Shall have been active in die teasing orthe project and the Comparable Buildings over die five (5) year period ending oil the date or %uch appointment. The determination Mile arbitrators shall be tented solely to the issue as to whether Landlord's or Tenant's Submitted FMRR is *a closest to the actual FMRR for the Extension Term, as determined by the arbitrators, taking Into nocounl the requirements of this Sol .".1.3`t Each such srblramr shall be appointed withfn fifteen (15) business days spier the Outside Agreamant Date, 2.2 The two arbitrators so appointed shall, within ten (10) business days a(' the date oPtha appoinbnom of the second appointed arbitrator, agree upon and appoint a Cited arbitrator who shall be qualified under the same standard as described in &often 2.1 of this ,5� hildtda'y3" (with respect to appointment of the Initial two arbitrators). 2.3 The three arbitrators shall, within thirty (30) days of the appointment of the third arbitrator, reach it decision its to whether the parties shall use Landlord's or Tomint's Submitted FMRR and shall notify landlord and Tenant thereof; provided that: (n) if either Landlord or Tenant kilts to appoint an arbitrator within p9een (15) business day period described in Section 2.1 of this Schedule "J-3", then the arbitrator appointed by the other party shall solely reach a decision as to the FMRR the the Extension Term an(] notify Landlord cud Tonant thereof within thirty (30) days following exphatton of such fifteen (15) business day period, and such mbitrotoi"s deaision shall be binding upon Landlord and Tenant, and (b) if the two arbitrators frill to agree upon and appoint a dihd arbitrator, of both parties fail to appoint an arbitrator, than the appohmnent critic third arbitrator or any arbitrator shall be dismissed and the matter to be decided shall be promptly submitted to arbitration under the provisions of the Anicrlcan Arbitration Association (the "AAA"), but subject to the Instructions set fortb in this Schedule `J-31. 2.4 The deoisiou oftlie majority of the three arbitrators (or in the case ere decision made under clause (a) or (b) of Section 2,3 of this f aA11 c •it-3", the decision ofthe single arbitrator or the arbitrator(ld appointed by the AAA) shall be binding upon Landlord and Tenant, shall be in writing and shall be non-appealebla, and counteipmt copies thereof shall be delivered to Landlord and Tenant. A judgment or order based upon such sword may be entered in any court of competonI jm9sdictlun, In rendering their decision and award, the arbitrators chat have no power to vary, mod Cy or amend any provislon o f ill Is Lease. 2.5 Landlord and Tenunl shun esch bear 50%of the cost of the arbinntlan described is this Sect! on 2 aI'th13 Schedule J-3" 801 tit' ('Ale Dr —Cary n/,Snnnr Ann Lama -I. Exhibit 1