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improved by Tenant, subject to ordinary weer and tear. For the avoidance ofdoubt, it is understood and agreed that, prior to the date upon which the
<br />Premises is surrendered by Tenant under this Section 3.3.1 Tenant shall be required to remove from the Premises all of the Tenant's Personal
<br />Property and all Leasehold hnprovemena designated for removal by Landlord in accordance with Section 10,5 below (and all damage caused by
<br />such removal repaired).
<br />3.3.2 If Tenanl fails to remove any of the Tenant's Personal Property from the Premises (or any portion themoo prior to the
<br />expiration or any earlier termination of the Tenn (with respect to applicable portion of the Premises), and such failure continues for five (5) days
<br />following Landlord's delivery of notice thereof, Tenant shall be deemed to have abandoned the same, in which case: (a) Landlord shall have the
<br />right, at Tenant's expense, to remove the same from the some from the Premises (and to repair any damage caused by such removal) and (b) to
<br />thereafter: (i) store the same at Tenant's expense, (if) appropriate the same for itself, and/or (lii) sell or otherwise dispose of the same in its sole
<br />discretion, with no liability to Tenant, in which case, Tenant shall reimburse Landlord for all costs incurred by Landlord in connection with any such
<br />removal, repairs, storage and/or disposal, plus a ten percent (10%) administration fee thereon, upon demand. In addition, If Tenunt fails to remove
<br />from the Premises (or any portion thereof) all Leasehold Improvements designated for removal by Landlord in accordance with Section 10.5 below
<br />and/or to repair all damage caused by its removal of any such Leasehold Improvements (and/or its Tenant's Personal Property), in either case, prior
<br />to the expiration or oily earlier termination of the Term (with respect to applicable portion of the Premises), Landlord shall have file right to remove
<br />the same from die Premises (or the applicable portion thereat) and/or to repair such damage at Tenant's expense, in which case, Tenant shall
<br />reimburse Landlord for all costs incurred by Landlord in connection therewith, plus a ten percent (IM.) administration fee thereon, upon demand.
<br />This Section 3 3.2 shall survive the expiration or any earlier termination of the Term of this Lease.
<br />3.3.3 If Tenant fails to surrender the Premises (or any portion thereoO In accordance with this Lease (Including, without
<br />limitation, Section 3.3.1 above), or otherwise holds possession of the Premises (or any portion thereof) after the expiration or termination of the
<br />Term, Tenant shall become a tenant at sufferance upon all of the terms contained herein, except as to term and Base Rent. During such holdover
<br />period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to die Holdover Rental Rate. The monthly Base Rent payable for such
<br />holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession. Neither any provision hereof
<br />nor any acceptance by landlord of any Rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or
<br />result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord's rights or remedies with respect to such holdover.
<br />Tenant shall indemnify, defend and hold Landlord harmless from and against any and all Claims (including, without limitation, for lost profits and
<br />other consequential damages, attorneys' fees, consultants' fees and court costs) incurred or suffered by or asserted against Landlord by reason of
<br />Tenant's failure to surrender die Premises in accordance with the provisions of this Lease on the expiration or earlier termination of this Lease.
<br />ARTICLE 4 —RENT AND OTLI ER CHARGES
<br />4.1 Base Rent. Tenant agrees to pay during file Initial Tenn of this Lease as Base Rent for fine Premises, the sums shown for the
<br />periods shown in Item-4 of the Busic Lease Provisions. Except as expressly provided otherwise herein, Base Rent shall be payable fit equal
<br />consecutive monthly installments, in advance, commencing on die Conmicncement Date and continuing on the tenlh (10) day of each calendar month
<br />thereafter; provided that the first full monthly Installment of Base Rent, described in Item 4 of the Basic Lease Provisions, shall be.payable upon
<br />Tenon Ps execution of this Lease. Landlord will cooperate with Tenant to accommodate payment of Rent (or certain types of Rent) via ACH
<br />payments.
<br />4.2 Tenant's Percentage Share. Subject to the provisions of this Lease and in accordance wide Exhibit "E", attached hereto, in
<br />addition to paying Base Rent, with respect to each Expense Year (defined in Exhibit "I,' ) Tenant shall also pay: (a) Tenant's Percentage Share
<br />(defined in Exhibit "E'l of Excess Operating Expenses (defrted in Exhibit "F.") and (b) Tenant's Percentage Share of Excess Property Taxes (defined
<br />in Exhibit "E").
<br />43 Rirkfne Fees.
<br />4.3.1 Subject to Section 4.3.2 below, on the first day of each calendar month during the Term, Tenant shall pay to Landlord
<br />(or at the request or Landlotd, to Landlord's designated parking operator) Landlord's then prevailing charge (die "Parking Fees") for all Parking
<br />Passes rented by Tenant for such calendar month. Such Parking Pees shall be in addition to all taxes, assessments or other impositions imposed by
<br />any governmental entity in connection with Tenant's use of such Parking Passes, which taxes, assessments or other impositions shall be paid by
<br />Tenant, or if required to be paid by Landlord, shall be reimbursed to Landlord (or at the request of Landlord, to Landlord's designated parking
<br />opem(or) by Tcnant concurrently with the payment of the Parking Fees described above.
<br />4.3.2 The Packing Fees payable with respect to the first eighty-four (84) Parking Passes rented by Tcnant during the Initial
<br />Term (and the chm'ges for all Short Term Project Parking Validations and Long Term Project Parking Validations provided by Landlord to 'Tenant
<br />(pursuant to Section 2.3(c)(ifl above) during du Initial Terri) are included in the Buse Rent payable by'l'emml with respect to the Promises during
<br />the Initial Tel
<br />4.3.3 'lie Parking Fees paynble with respect to all Parking Passes rented by Tenant during an Extension Term fund the
<br />charges I'or all Short Perm Project forking Validations and Long Term Project Parking Validations provided by Landlord to'rennnt (pursuant to
<br />Section 23(c)(H) above) during an Extension Term) shall be determined in connection with the FMRR (and Extension Term Buse Rent) for Ulu
<br />Premises for such Extension Tenn. and shall be added to (and included in) the Extension Term Base Rent.
<br />4.4 Payment urltent.
<br />4 4.1 Generally, Buse Rent. all forms or Additional Rent payable hereunder by Tenant and all nthclamounts, lees,
<br />payments or charges payable hereunder by Tenant shall each; (it) conslittue rent payable hereunder (sometimes collectively be refaired to herein as
<br />"Rent" ), flat be payable to Landlord when due without any prior notice o• demand therefor in lawful money orlhe United States and, except as may
<br />be expressly provided to the contrary in this Lease, without tiny abatement, ollaet or deduction whatsoever, and (c)be payable in landlord at die
<br />address of Landlord described in Item 10 of the Basic Lease Provisions or to such other Person or place as Landlord max. Iron time to time designate
<br />,Yoh R%Circe Cerrrrr Or—CIIp ojSuNn ann Lease .j.
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