To be attached to and form a part of Lease made the 12th day of March 1996 (which together with any amendments, modifications and extensions thereof, is hereinafter called the Lease), between Landlord and Tenant.

 

THIS EIGHTH AMENDMENT TO LEASE AGREEMENT (this "Eighth Amendment) made and entered into as of the 22 day of May, 2001 by and between METROPOLITAN LIFE INSURANCE COMPANY ("Landlord  ")and ACTIVE POWER, INC.,  ("Tenant").

WITNESSETH:

Landlord and Tenant entered into that certain Lease Agreement dated March 12, 1996 (the "Lease" for space in Stonehollow 1), amended by the First Amendment dated June 24, 1996 increasing the square footage to 8,100 square feet in Stonehollow 1, Suite 135, amended by the Second Amendment  dated September 4, 1996 notifying Landlord of a name change from "Magnetic Bearing Technologies "to"Active Power, Inc." amended by the Third Amendment dated October 10, 1997 expanding into STONEHOLLOW 2 for approximately an additional15,080 square feet of space located at 11525 Stonehollow Drive, Suite 255, Austin, Texas for a total of 23,180 square feet of space, amended by the Fourth Amendment dated August 20, 1999 extending the term in Stonehollow 2, Suite 255 for an additional twelve months, amended by the Fifth Amendment dated February 9, 2000 extending the lease term for Suite 135 and Suite 255 to expire on March 31, 2003 and expansion into Suites 120, 110 and 130 to expire March 31, 2003, amended by the Sixth Amendment dated September 22, 2000 where Tenant expanded into Suite 155 and amended by the Seventh Amendment (awaiting execution) where the commencement date for Suite 155 is confirmed as December 15,2000.

Landlord and Tenant now desire to further amend the Lease Agreement and Amendments in certain respects as more fully hereinafter set forth. Landlord and Tenant agree as follows:

1.

As referenced in the Fifth Amendment (copy attached as Exhibit "B"), Section 7, Tenant has advised Landlord that Tenant shall expand into an additional4,050 square feet of space located at 11525 Stonehollow Drive (Stonehollow 1) Suite 130 as outlined on the attached Exhibit "A" as "expansion space #2".

2.

As referenced in the Fifth Amendment, Section 8, the Commencement Date for Suite 130 was contingent upon the existing tenant, Video Associates vacating premises. Video Associates shall vacate at the end of their lease term which is July 31, 2001. Active Power's Commencement Date for Suite 130 shall be August 6, 2001 and the Expiration Date shall be March 31,2003.

3.

As referenced in the Fifth Amendment, Section 9, Tenant accepts Suite 130 in its current "as is" "where is" condition.

4.

As referenced in the Fifth Amendment, Section 10, the Monthly Base Rental for Suite 130 shall be $.85 per square foot ($3,442.50 per month).

5.

Tenant agrees to pay to Landlord an Additional Security Deposit in the amount of $4,100.00.

 

6.

Except as specifically amended hereby, the Lease shall remain unaffected hereby and in full force and effect as originally written.

 

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DATED AS OF THE 7th DAY OF May, 2001.

 

WITNESS:	LANDLORD:
	Metropolitan Life Insurance Company, a New York Corporation; on behalf of a commingled separate account
	BY: SSR Realty Advisors, Inc., a Delaware corporation, as Investment Advisor to Metropolitan Life Insurance Company
	By:
	Name:
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	Telephone:
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