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improved by Tenant, subject to ordinary wear and tear. For the avoidance of doubt, 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 If Tenant fails to remove any of the Tenant's Persona( Property from the Premises (or any portion thereof) prior to the
<br />expiration or oily earlier termination of the Tenn (with respect to applicable portion of the Promises), and such fdlure 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 />tight, at Tenant's expense, to remove the same from the same 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, (d) appropriate the same for itself, and/or (iii) sell or otherwise dispose of die 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 Tenant fails to remove
<br />from the Premises (or any portion thereof) all Leasehold Iniiflrovements designated forremovalby Landlord in accordance with Section 10.5 below
<br />and/or to repair all damage caused by its removal gtarly such, Leasellwol¢ Personal Property), in either case, prior
<br />to the expiration or any earlier termination of the Term (w4fin,respect fo applicable porkittif the Premises), Landlord shall have the right to remove
<br />the same from the Premises (or the applicable'pordoit thereof)..and/or to, repair such darndge AtTicrl expense, in which case, Tenant shall
<br />reimburse Landlord for all costs incurred by Landlord in connection therewith,.ploci tell percent'(10%) administration fee thereon, upon demand.
<br />This Section 3.3.2 shall survive the expiration or any earlier termination ofthe Tettit of this Lease.
<br />3.3.3 If tyriant falls to sgrreilder the Premises" (or any portion tl)creaf) it accordance with this Lease (including, without
<br />limitation, Section 3.3.1 above), or'otherwise lodds possession,pf th0•Preinisey,(or oily portion Hereof) after the expiration or termination of the
<br />Term, Tenant shall become: a tenant atspfferame upon all of the -tents bontained harain, except as to.(erm and Base Rent. During such holdover
<br />period, Tenant shall pay'tn;�f:aidlord a,m)9 mly Base Rent in an amount equal to die Holdover Rental katu:. The rtionlhly^Base Rant payable for such
<br />holdover period shalt lino event be.ybnslrued as a penalty or as liquidated damages for such ieteabon of possession Neither, ally, provision hereof
<br />nor any acceptance by Landlord of any Rent after any such expiration or earlieflarmination shal)'be deemed a eoosent to Any holdover hereunder or
<br />result in a renewal, ol'this Lensa'or an extension of the Term, or any waiver ofanyof Landlord's lights ur remedies. with respect to such holdover.
<br />Tenant shall indemnify, .defend: and hold Landlord harmless from and against arty and ail Claims (including, without limitation, for lost profits and
<br />other consequential damages,cattorneys' fees, consultants' fees and court costs), incurred or suffered by or-:asserted'agaihst Landlord by reason of
<br />Tenant'sfailure to surrender the Premises in accordance with die provtstpfis,oftdhis tense on the expiration or earlier ui rnrimtion-ofthis Lease.
<br />ARdell4 P NT;kND- lHEMCHARGES
<br />4.1 ' 13asc R,g (n BTetiant;agrees to pay during die ha ittl term of this Lease,as Base Rent foe Ore ,Premises, the sans shown for the
<br />periods sbo+Nti in ICaun 44 ofthe Basic Lease Yrogisions::klxcept ai expressly provided otherwise herein, Base RAM shall be payable in equal
<br />consecutive•id'onthly knsfallmcuts; in advance, commencing oil the Commencement Date and Continuing of the tenth (10) day of each calendar month
<br />thereaRer; pro"vidcd rhatahelifttfit ll mgntidy installment of Base, Kdof descrdiled in Itgrn 4 of the Basic Lease Provisions, shot] bd.payable upon
<br />Tenant's cxccutien of this :Lease. Land(oid will cooperate wifhjT`enant to tiacommodate-payment of 4tenk (or certain types of Rent) via ACH
<br />payments. ',.. _ _ ..
<br />42 Tenant's Percentage Share. Subject to the provisions of this Leosle asud in accordance with & i'firt "E", attached hereto, in
<br />addition to paying Base Rent, +Vilh respectto each Expense Year (defined in Exinbi(OLe Tenant shall also pay: (a):Tenant's Percentage Share
<br />(defined in Ex ibi "E" of Excess Operating C'xpenaes (defined in'Exhk nit"E' and (b) Tenant's' Percentage Share of Excess Property Taxes (defined
<br />in rx1hibit"E'
<br />4.3 Parking Fces.. _
<br />4,11 Subject to Section 4.3.2 below co the first day of each calendar month during the -Term, Tenant shall "pay to Landlord
<br />(or at the requestot^1„andlod to Undiorl;railesignated,p^iNvig-:operator) Landiord's then prevailing chargc(the "Parking Fee's") for all Parking
<br />Passes ranted by Tenaul ror such calen iqr mouth. Such Parking Fees shall: be in addition to all taxes, Assessments or other imposition$ imposed by
<br />any governmental entity Ill connection with„'fen,nnt's use Usuch Parking Passes, which taxes, assessments or other impositions shall be paid by
<br />Tenant, or if required to be,paid, by Landlord, s)nalJ,be reimbursed to Landlord (or�k tlis rel7vast of Landlord. }o Liuidlstint's designated parking
<br />operator)byTenantconcurrcn(ly\4itithepayment oftho-farkingfeesdesarvbcd"above
<br />4.3.2 The Paldimg i ees payable with respect W the`firsfelglity-(aur`(84) Parking passes rented by Tenant during the Initial
<br />Tern] (find die charges for all Short Tenn Project Parking Validations and, Long Tertt Project Parking, Valkdati%ins provided by Landlord to Tenant
<br />(pursuant to Section 2.3(c)(ii) above) daring the Llitill 7p,ru) ate included intheBase, Rent payable by'leiiant with respect to the PrCnilSeS during
<br />the Intial Tait. _ •a--'
<br />4.3.3 The Parking Fees payable with respelab to.,Hit Parking Passes rented by Tenant during An Extension -Perm (turd the
<br />cluu•ges Ibr all Shoe Term Project Paging Validations and Long Term Project Parking Validations provided by Landlord to Tenant (pursuant to
<br />Section 2.3(c)(ii) above) [luring on Extension Term) shall be determined in connection with the FIVIRR (and Extension Term Buse [tent) f'or the
<br />Premises for such Extension Tenn, and shall be added to (and included in) the Extension Term Buse Rent.
<br />4.4 Payment of Rent
<br />4.4.1 Cencraliv. Buse Rent• till forms or Additional (tent payable hereunder by Tenant and till other amounts, fees,
<br />payments or charges payable hereunder by Tenant shall each: (a) constitute rent payable heeunder- (sometimes collectively be referred to herein as
<br />,,Rent"), (b) be payable to Landlord when due without any prior notice of demand therefor in lawful money of lie United States and, except as may
<br />be expressly provided to the contrary in this tease, without Any nbnlcment, ofNet or deduction whatsoever- and (c) be payable to Landlord in the
<br />address or Landlord described in Iwill 10 ol'lhe Basic (.-case provisions or to such other Person or place as Landlord may from tinie to time designate
<br />801 W Ovic Cearer Dr -Cif)• of Saant ana Lease .7-
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