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improved by Tenant, subject to ordinary wear 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 Improvements 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 11'Tenant fails to remove any of the Tenant's Personal Property from the Premises (or any portion thereof) 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 front 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, (ii) appropriate the same for itself, and/or (III) sell or otherwise dispose of the some 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 Tenant 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 (mild/or its Tenant's Personal Property), in either case, prior
<br />to the expiration or any earlier termination of the Term (with respect to applicable portion of the Premises), Landlord shall have the right to remove
<br />the same from die Premises (or the applicable portion thereof) 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 (100A) administration tee thereon, upon demand.
<br />This Section 3.3.2 shall survive the expiration or any earlier termination of die Term of this Lease.
<br />3,33 If Tenant fails to surrender tie Premises (or any portion thereof) 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 terns contained herein, except as to term and Base Rent, During such holdover
<br />period, Tenant shall pay to Landlord a monthly Base Rent ill 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 of -
<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, attomeys' fees, consultants' fees and court costs) incurred or suffered by or asserted against Landlord by reason of
<br />Tenant's failure to surrender the Premises In accordance with the provisions of this Lease on the expiration or culler termination of this Lease.
<br />ARTICLE 4—RENT AND OTHER CHARGES
<br />4.1 Base Rent, Tenant agrees to pay during the Initial Term of [his Lease as Base Rent for the Premises, the sums shown for the
<br />periods shown in Item 4 of the Basic Lease Provisions. Except as expressly provided otherwise herein, Base Rent shall be payable in equal
<br />consecutive monthly installments, in advance, commencing on the Commencement Date and continuing on tie tenth (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 />Tenant's execution of this Lease. Landlord will cooperate with 'tenant to accommodate puyment 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 with Exhibit "E", attached hereto, in
<br />addition to paying Base Rent, with respect to each Expense Year (defined in Exhibit "F") Tenant shall also pay: (a) Tenant's Percentage Share
<br />(defined in Exhibit "E") of Excess Operating Expenses (defined in Exhibit "E") and (b) Tenant's Percentage Share of Excess Property Taxes (defined
<br />in Exhibit "E").
<br />4.3 Parkbme Rees
<br />4.3.1 Subject to Section 4.3.2 below, on the first day of each calendar month during the Tenn, Tenant shall pay to Landlord
<br />(or at the request of Landlord, to Landlord's designated parking operator) Landlord's then prevailing charge (the "larking Rees') for all Parking
<br />Passes rented by Tenant for such calendar north. Such Parking Fees 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 imposi tiaras shall be paid by
<br />I Let unI, 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 />operator) by Tenant concurrently with the payment of the Parking Pees described above.
<br />4.3.2 The Puking Fees payable with respect to the first eighty-four (84) Parking Passes rented by Tenant during the Initial
<br />Tel (and the chmges for all SIfatI Terin Project Parking Validations and Long Tern Project Parking Validations provided by Landlord to Tenant
<br />(pursuant to Section 2 3(c)(M above) during the Initial Term) are included in the Base Rent payable by Tenant with respect to the Premises during
<br />file Initial Termm.
<br />4.3.3 -Pile Parking Pees payable with respect to all Parking Passes rented by Tenant during an Extension Term (and the
<br />chm•ges for all Short Term Project Parking Validations and Long Tenn Project Parking Validations provided by Landlord to 'tenant (pursuant to
<br />Section 2.3(e)(11) above) during an Extension Term) shall be determined in connection with the FMRR (and Extension Term Base Rent) fur the
<br />Premises for such Extension Ton. and shall be added to (and included in) the Extension Tenn Base Rent.
<br />4.4 Payment orRent•
<br />4.4.1 Generally. Base Rent. till forms of .Additional Rent payable hereunder by 'tenant and all other ammmis, fees,
<br />payments or dial -es payable hereunder by Tenant shall each: (if) constitute rant payable hereunder (sometimes collectively be referred to herein as
<br />`Rent"), (b) be payable to Landlord when clue without any prior notice or demmnd therefor in lawful money orthe United States- and, except as may
<br />be expressly provided ro the contrary in this I.ease, without Lilly abatement, offset or deduction whatsoever. and (c) be payable to Landlord al the
<br />Li of t,indlurd described in Item I0 of the Basic tense Provisions or to such other Person or place as f.andard may from time to time designate
<br />X01 lb'Cirde Cenre,Dr—City ofSnnar Ann Lease -7-
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