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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 [his Section 3.3.1 Tenant shall be requited to remove from the Premises all of the Teases Personal
<br />Property and all Leasehold Improvements designated for removal by Landlord in accordance with Section 10S below (and all damage caused by
<br />such removal repaired),
<br />3.32 TrTenamt fails to remove any of the Tenant's Personal Property fl•om the Premises (or any portion thereof) prior to the
<br />expiration or ally earlier (elimination of the Tenn (with respect to applicable portion of the Premises), and such failure continues Fir 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 TenanCs 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, (ii) 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 Tenant rails 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 oil 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 any earlier termination of ilia Term (with respect to applicable portion of the Premises), Landlord shall have the right to remove
<br />line same flronn the 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 (100%) administration tee 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 II' Tenant fails to surrender the 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 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 tie 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 fit 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 the Premises in accordance will, fire provisions of this Lease on the expiration or earlier 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 this Lease as Base Rent for tine 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 the tenth (10) day of each calendar month
<br />thereafter; provided that the first full monthly Installment of Base Rent, described In IternA of the Basic Lease Provisions, shall be.payable upon
<br />Tenant's 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 with Exhibit "C', attached hereto, in
<br />addition to paying Base Rent, with respect to each Expense Year (defiled in Exhibit "E' 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 Parking Fees.
<br />4.3.1 Subject to Sccti_qn 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 "Parking Foes") for all Parking
<br />Passes rented by Tenant for such calendar month. 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 Posses, which taxes, assessments or other impositions shall be paid. by
<br />T'enont, 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 />4.32 The Parking Fees payable with respect to the first eighty-four (84) Parking Passes rented by Tenant dining the Initial
<br />Tenn (and the charges for all Short Tern Project Parking Validations and Long Term Project Parking Validations provided by Landlord to Tenant
<br />(pursuant to Section 2 3(c)(N) above) during the Initial 'Penn) are include(? in the Buse Rent payable by Tentnit with respect to the Premises during
<br />the Initial Term.
<br />4.3.3 The Parking Pees payable with respect to all Parking Passes rented by Tenant during an Extension Term (and the
<br />charges for all Short Term Project Parking Validations and Long Term Project Parking Validations provided by Landlord to Tenant (pursuant to
<br />Section 2.3(c)(1i) above) during an Extension Term) shall be determined in connection with the FMRR (and Extension Term Buse Rent) for the
<br />prcuhiscs for such Extension Tarn. and shall be added to (and included in) the Extension Term Base Rent.
<br />4.4 Payment of Rem.
<br />4A.1 Generally, Base (tent, till louring of Additional Rent payable hereunder by Tenant and till other nnnonts, fees,
<br />payments or charges payable herCWRler by Tenant shall each; (a) constitute rent payable hereunder (sometimes collectively be referred to herein as
<br />"Rent"), (b) be payable to Landlord when duo without any prior notice ordemand therefor in lawful money oNlie L)nited States and, except as nnoy
<br />be expressly provided to the contrary in this Lease, witwut any nbtitemm11t, offset o• deduc(ion whatsoever. and (c) be payable to Landlord al the
<br />address or Landlord described in Iten 10 ofthc Basic Lease Provisions or to such other Person or place ns L.nndloxl may liun (line to them designate
<br />801 W"C'ihic Celne"Dr- City ofSrnun: inn Leta .7.
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