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in writing to Tenant. Any amount of Rent that is payable on a monthly basis and that Is payable respect to a partial month, shot be prorated based on
<br />the number of days in such month. No payment by Tenant or receipt or acceptance by Lnndlord of a lesser amount than file correct Rent due
<br />hereunder shall be deemed to be other than a payment on account of die earliest installment of Rent then due; nor shall any endorsement or statement
<br />on any check or any letter accompanying any check or payment as Rent be deemed to effect or evidence an 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 law 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 DIFPiCULT 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 (50K) 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 />ARTICLE 5—TENANT'S TAXES
<br />Tenant shall reimburse Landlord upon demand for any and all taxes, impositions or similar fees or charges payable by or imposed or
<br />assessed upon Landlord upon or with respect to: (n) any Tenant's Personal Property located in or about die Premises; (b) any Leasehold
<br />Improvements made in or to the Premises by or for Tenant (without regard to ownership of such improvements) i f and to the extent the original cost,
<br />replacement cost or value thereof exceeds die cost of Landlord's then effective "Building Standard" tenant Improvements, as determined in good
<br />faith by Landlord; (c) 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 of any portion of the
<br />Premises; or (e) this transaction or any document to which Tenant Is a party creating or trmisrerring an interest or an estate in the Premises.
<br />ARTICLE 6—IINTENTIONALLY OMITTEDI
<br />ARTICLE 7•USE OF PREMISES
<br />7.1 Tenant's Permitted Use. Tenant shall use the Premises only for Tenant's Permitted Use set forth in I era of the Basic Lease
<br />Provisions end shall not use or permit die Premises to be used for any Allier purpose. Tenant shall, At its sole cost and expense, obtain and maintain
<br />in full force and effect all governmental licenses, approvals and permits required for Tenant's Permitted Use. in no case shall Tenant use or suffer or
<br />pcmiit the use of any portion of die Premises for any Expressly Restricted Use.
<br />7.2 Comnliance With Laws and Other Reouirements.
<br />7.2.1 Subject to Section 7.2.2 below, Landlord stall cause die Common Areas and the Base Building to comply with all
<br />Laws, if and when any such action is required by any governmental authority mid/or if and to the extent that any failure of any portion of the
<br />Common Areas or the Base Building to comply with any applicable Laws would: (a) prohibit Tenant from entering into a sublease to any Approved
<br />County Entity of Approved State Entity (as such terns are defined below) in accordance wills Section 11.1.2 below; (b) unreasonably and materially
<br />Affect the safety of Tenant's employees or the operation of Tenant's business; or (c) would create a material and significant health hazard for
<br />occupants of the Premises.
<br />7.2.2 Tenant shall timely take all actions required comply in all respects with (and shall cause each of its employees and
<br />occupants to take all actions required comply in tdl respects with) and cause the Premises to comply with: (a) all Laws, now or in die future
<br />applicable to the Premises and Tenant's use thereof (including, without limitation, any Law requiring any form of improvement or alteration to the
<br />Building), (b) the Rules and Regulations, and (c) all covenants, conditions and restrictions applicable to the Project. In addition, if any moditicnlimis
<br />or alterations to any portion of the Common Areas or the Base Building (defned below) are required under any applicable Laws as a result of
<br />Tenant's use of the Premises or any of Tenant's Leasehold Improvements, then at the election of Landlord: (i) Tenant shall be responsible for
<br />performing such modlFications 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 />orsuch modifications or alterations.
<br />7.2.3 Tenant shall not use the Premises, or permit the Premises to be used; in any manner, or do or suffer any act in or about
<br />the Premises which: (A) violates or conflicts with tiny applicable Law, any of die Rules and Regulations or any covenants, conditions and
<br />restrictions applicable to the Project; (B) causes or is reasonably likely to cause danmge to the Project, the Premises or the Building Systems; (C)
<br />violates a requirement or condition of tiny policy or insurance covering the Project And/or the Premises, or increases the cost of such policy; (D)
<br />constitutes or is reasonably likely to constitute a nuisance, annoyance or inconvenience to other tenants or occupants orthe Project or its equipment,
<br />I'ucilitics or systems or (E) interferes with, or is reasonably likely to inlarl'em with, the transmission or reception or microwave, television, radio,
<br />telephone. or other communication signals by antennae or other facilities located in the Project. Without limiting the generality of the foregoing,
<br />should nav federal, suite or local governmental agency having ,jurisdiction with respect to the establishment, regulation or enforcement of
<br />occupational. health or safety standards to]- employers, employees or tenants impose on Landlord or oil Tenant at any time now or in the future tiny
<br />requirement or Law relating in any manner to the Premises or occupancy thereof: Tcnmit shall, at its sole cost and expense, comply promptly (or at
<br />Landlord's election, bear the cost oPsuch compliarcc us cllecled by Landlord) with such requirement or LAW. Tenant shall indenmify. defend And
<br />hold handess Landlord Goa and against any and All Claims arising out ofor relating to any failure of Tenmu to perform any or is obligations under
<br />this Section 7.2. Landlord shall not enforce the Rules and Regulations in a discriminatory manner; provided that Landlord shall not be liable In
<br />$61 d'Clvle feign Dr— Oly n%Stinru A nit Lease -9-
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