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EXHIBIT 1A <br />in writing to Tenant. Any amount of Rent that is payable on a monthly basis and that Is payable respect to a partial month, &lint[be prorated based on <br />the number of days In such month. No payment by Tenant or receipt or acceptance by Land[ord of a lessor amount than the correct Rent due <br />liertundershall be deenned to be other than a payment on accountoflhe earliest installment of Rent then due; norshall any endcrsenent or statement <br />Oil any check or any letter accompanying any check or payment as Rent be deemed to effect or evidence nil accord and satisfaction; and Landlord <br />may, accept such check or payment without prejudice to Landlord's right to recover the balance or pursue any other remedy In this Lease or at low or <br />In equity provided, <br />4.4,2 LATE PAYMENTS, TENANT ACKNOWLEDGES THAT THE LATE PAYMENT OF RENT WILL <br />CAUSE LANDLORD TO INCUR ADMINISTRATIVE COSTS AND OTHER DAMAGES, THE EXACT AMOUNT OF WHICH <br />WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO ASCERTAIN. LANDLORD AND TENANT AGREE THAT <br />IF LANDLORD A RENT DELINQUENCY SHALL OCCUR, TENANT SHALL PAY TO LANDLORD, AS ADDITIONAL RENT: <br />(A) A LATE CHARGE EQUAL TO FIVE PERCENT (5%) OF THE OVERDUE AMOUNT TO COVER SUCH ADDITIONAL <br />ADMINISTRATIVE COSTS, AND (B) INTEREST ON ALL DELINQUENT AMOUNTS AT THE DEFAULT RATE, FROM THE <br />DATE DUE UNTIL THE DATE PAID, <br />A1111CLE 5 —TENANT'S TAXES <br />Tenant shall reimburse Landlord upon demand for any mid all taxes, impositions or similar fees or charges payable by or Imposed or <br />assessed upon Landlord upon or with respect to: (a) oily Tenant's Personal Property located In or about the Premises; (b) any Leasehold <br />Iniproyements made In or to the Promises by or for Tenant (without regard to ownership ofsuch improvements) Hand to the extant the original cost, <br />replacement cost or value thereof exceeds the cost of Landlord's then effective "Building Standard" tenant Improvements, as determined in good <br />faith by Landlord; Cc) the Rent payable hereunder, including, without limitation, any gross receipts tax, license fee or excise tax levied by any <br />governmental authority; (d) the possession, leasing, operation, management, maintenance, alteration, repair, use or occupancy orally portion of lilt <br />Prendses; c r (e) this transaction or any document to which Tenmtt is a petty creating or trmtofen'ing an interest or an estate in the Premises, <br />ARTICLE G—IINTENTION LL,LV OMITTED? <br />ARTICLE 7-I15E OR PREMISES <br />7.1 Tenant's Permitted Use, Tenant shall use the Premises only for Tenant's Permitted Use set forth In hem 7 of the Basic Lease <br />Provisions end shall not use or permit the Premises to be used for any otherpurpose, Tenant shall, of its sole cost and expense, obtain and maintain <br />in Pall furcc and eflioct ail governmental licenses, approvals and permits required for Tenant's Permitted Use, In no case shall Tenant use or suffer or <br />permit the use a rally portion of die Premises for any Expressly Restr[ctad Use. <br />7.2 Compliance With Law and Othor Requirements. <br />7.2.1 Subject to Section 7.2.2 below, Landlord shall cause the Common Area and die Base Building to comply with all <br />Lows, if and when any such action is required by any governmental authority mid/or if and to the extent that any fall lure of any portion of the <br />Common Areas a dre Base Building to comply with any applicable Laws would, (a) prohibit Tenant Flom entering into a sublease to any Approved <br />Corny Entity of Approved State Entity (as such terms ore donned below) in accordance with Section 1112 below; (b) unreasonably pnd materially <br />a[feet tha safety of Tenant's employees or the operation of Tenant's business; or (c) would create a material and aign Iftcant health hazard for <br />occupants of the Premises. <br />7.2.2 Tenant shall timely take nil actions required comply in nil respects with (and shall cause cacti of its employees and <br />occupants to lake all actions required comply in till respects with) and cause life Premises to comply with: (a) all Las, now or in die future <br />applicable to the Premises End Tenant's use Cheroot`(including, without limitation, any Law requiring any Corn of Improvement or alteration to the <br />Building); (b) doe Rules and Regulations, and (c) all covenants, conditions and restrictions applicable to the Project, In addition, If any modifications <br />or alterations to any portion of the Common Arens or the Base Building (defined below) are required under any applicable Laws as a result of <br />Tenant's use or file Premises or any of Tenant's Leasehold Improvements, then at the election or Landlord: (i) Tenant shall be responsible for <br />performing such modifications or alterations, at its expense or(ii) Tenant shall, within ten (10) days following Landlord's demand therefor together <br />with reasonable supporting documentation, reimburse Landlord for all of its costs and expenses Incurred in connection with Landlord's performance <br />of such mod[ liantions or alterations. <br />7.2.3 Teumnt shall not use the Premises, or permit the Premises to be used, in any Enamor, or do or suffer any net in or about <br />the Promises which:. (A) violates of conflicts will ally applicable Low, any at' the Rules and Regulations or any covenants, conditions and <br />restrictions applicable to. the Project; (B) causes or is reasonably likely to cause dmuage to die Project, the Premises or the Building Systems; (C) <br />violates a requirement or condition orally policy of Insurance covering the Project and/or the Promises, or increases the cost of such policy; (D) <br />constitutes or Is reasonably likely to constitute a Indenter, annoyance or inconvenience to Other tenants nr occupants of the Project or its equipment, <br />fiollities or systems or (E) Interferes with, or is reasonably likely to interfere with, the transmission or reception of microwave, television, radio, <br />wlephone, or other communication signals by ontennne or other facilities located in the Projeci, Withoutiimiting the generality orthe foregoing, <br />should any federal,state or local governmental agency having jurisdiction with respect to Cie cstnhlishmenl, regulation or cnforcomcit of <br />oceuinnuc aal, health or safety standards for employers, employees or knouts Impose on Lundlorci or on Tenant at any time now or in the future any <br />requirement or Law relating In tiny manner to the Premises or occupancy thereof, Tenant shall, at its sole cost and expense, comply promptly (or all <br />Landlord's election, bear the cost ol'such compliance as ell'euted by Laodlerd) with such requirement or Low, 'tenant shall indemnify, defend and <br />hold harmless Landlord rrom and against any And nil Claims arising out ofor relating to tiny Failure or1'cnmit to perform any of Its obligations under <br />this Sec a 7.2, Landlord shalt Trot enforce the Rules and Ilegulatlons In a discrimitul n y manncr; provided that Landlord shall not be liable to <br />901 a'CLda' Cv,nrr Or—C'Ip-ofSrmm; Ina Lenre .g <br />