HomeMy WebLinkAboutKAGASOFF, RICK D. -2020-074INSURANCE NOT REQUIRED eta
WORK MAY PROCEED A I R G RJIM
CLERK OF COUNCIL STANDARD INDUSTRIAL/COMMERCIAL SINGLE -TENANT LEASE - GROSS
aTt (DO NOT USE THIS FORM FOR MULTI -TENANT BUILDINGS)
A-2020-074
QA `11 f;ik aam"'12 a9
3. egsicProvislons ('Basic PmNsiom").
1.1 Parties. This Lease("Lease'7, dated forrekrence purposes only _^h _f. .Is made by and between cR
('Lessor")and �___ _("Lessee 1. Icellectively [he'Partlu,'orindhdtlwlW a"party'1.
1.2 Premises: Thatrertain real property, including all improvements therein or to be provided by Lessor under the terms of this Lease, commonly known as
(street add.., city, state, xto): _ - _ ('Premiss The Premises are located In the
Connive( ._ ,and are Rea lM described as (describe briefly dre ratum of the property and, 4 applicable, the'Project: if the property is Located
within. fiddeal _ _ �_=.11 r, 'c _n Z .: c _:r, '_<x?' .(Seealso
paragraph 2)
1.3 Term: yppe,md month%("Odgiwl Term") commencing _ :. f'CammerKement Dahl and ending
__-.- ("Expiration Date'). (See also Paragraph 3)
1.4 Early Possession: If the Premises are available Lessee may have nomexdusiv¢ possession of the Premises commenting ('Early
Possession Date"I (See also paragraphs 3.2 and 33)
1.5 Base Rent per month f"Base Rent-), payable on the day of each month commencing i r_2 ($ee also
Paragraph a)
Ill lithe, box is checked, them are provisions in this Lease for the Base Rent to be adjusted. See Paragraph
1.6 Rase Remand Other Monles Paid Upon Execution:
Ira) Base Rem: - for the pirod
IN Securty Depasie ("Security Deposit").(See also paragraph 5)
(c) Assotlatbnfees: far the period
had Other. for
(el Toal Bae Upon Fxecutfon of Mis lease: >'. I -: .
1.7 Agreed Use: .(Seealso paragraph 6)
IS morning Party. Lessor is the 'Insuring Party'. The annual "Base Premium"is . (See also Paragraph 8)
1.9 Real Bate Brokers, (See also Paragraph 15 and 25)
(a) Represemation: The fallowing real estate brokers (the "Brokers') and brokerage relationships sadist in this tansaaton(check applicable boxisC
represents Lessoresclusively("lasmr'sBroker");
_ represents Lessee exclusively ("Lessee's Broker'); or
represents both Lessor and Lessee (`Dual Agency").
(b) Payment to Bankers: Upon execution and delivery of this Lease by both Parties, lessarshall pay to the Brokers the brokerage fee named to in
separate written agreemant(er if them is nosuch agreement. the Sam of or .%of me total Base Rent) for brokeage services rendered
by Me Brokers.
1.10 GveramCr. The obligations of the Lessee under this Lease are an be guaranteed by ("Gmarnfoi" 1. (See also Paragraph 37)
L31 Attachments. Attached hereto are the following, all of whichconstltute a part of this Lease:
J anmddeadi m ecompl ngof Paagaplls ....; through
rr a plot plan depicting the Premises;
` acurrent set of the Rules and Regulations;
a Work Letter;
other(specify):
2 Prembes
2.1 leading.and con Lt.iners eere north
in this
to rase. and Lesthe ap hereby leazes from Lpsseg the Preemise maythe
arm, be n the renal. antl uon senet of a Penn e
wenants and mMitions set fortM1 in this lease. While the approximate square footage of she Premises may have been used in the marketlr�g of the Premises for
purposes of comparisan, the gasp Rena sated M1ereN is NOT and to square Runup and is not sabjeatto adjustment should the actual size be determined to be
different. L10TE: Lessee's ativisetl .verify aeattwlrimpriorm execveNg Nis lease
2.2 Goodman. Lessor shall tleliver tat Premisesb lessee broom cleanaM Bee oFdebris pit the Commencement iAte or the Early Possession Date. whichever
grstwcua ("SartDate"), and, so long as the required servke contracts described in Paragraph 7.1(h) below are obtained by Lessee and in effect within thirty days
following the Start Date, warrants that the existing electrical, plumbic, fire sprinkler, lighting, hearing, attributing and air conditioning systems ('WAC), loading
dears, sump pumps, If a,, antl all other such elements in the Premises, other than chase constructed by Lessee, shall be in good operating condition on Saiddate and
that the surface and structural elements of the roof, beading walls and foundation of any buildings on the Premises (the "Bullding") shall befree of material defects,
also that the had does not amid hazardous levels of any mold or fungi defined as toxic under applicable data or lateral lam ff a non-compliance with said warranty
exists as of the Start Date. or if one of such Systems or elements Should malfunction or fail wdhin the appropriate warranty period, Lessor shall as Lessor's sole
obligation with respect to Such matter, except as otherwise Provided in MIS Lease, Promptly after tempt ofwritten notice from Lessee string fonh with SPtcihchv
theca and extent of Such noncompliance, malfunction or failure, rectify Same at Lessor's expense. The warranty periods shall be as follows: (1) 6 months as to
I
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the HVAC systems, and 16130 days as m the remaining Wow, and other iderom is of the auildin& If lessee daex npi give W,uO,A a requvetl notice within the
far
cf, warrantyperod, mrrecdan many wch handledifance,ndealmtioA hip, . shall altheobligationof Lessee at Lessee'ssolecostandexpanse,uaris for the root foundatlons, and bearingwails which are handled as provided inpamgaph ]. Lesmr also warrants, that unless olherwisespecified In writing, Lessor is unaware of (I) arty recorded Notices of Defauk affwmro, the Premise; (it) any delinquent amounts due under any loan secured by the Premises; and (III) any bankruptcy
proceeding affecting the Premises.
23 Ca"APfiance. Lessor womm"that to the best of its knowledge the improvements a a the Premises comply with the building mites, applicable laws,
covenants or restrictions of --to,regulations, and ordinances('Applicable Requi®mess )that were in effect at the time that each ImPoroMent, or portion
thereof, was constructed. Said warranty does not apply to the use to which Lessee will out the Premises, modifications which may be required by the Americans with
Disabilities act or any similar laws. A result Of Lewee's use (see Paragraph 49), or to any Aiteabons or Ui fly ImIRIlabons [as defined in pmagraph 73(ej) made or
be made by lessee. NM: Lessee h respomible tordeterminiM whetheror rmt doe Applimbk Re ulmmems, aMespeciallythezoning, are appmpriam far
otherwise provided,
promptly asdratpazt u f soothe Premisesmayselongm b whwith btbe Premises dD notcomplywithsaidwarranty,lessors O,
excepteas otherwisepmolded, promptly receipt ofrondos noticefrom lessee rottingfroth with sped&frythe nature andexmntafsuch non Start Date, rectify
the same atlessor's expense. If lessee does na[give Lessor written notice of a nonumpliance with this wamanrywi[hin 6 months following the Start Date,
mrreclum Of that Haa-mmpliance shall be the obligation of Lessee at Lowee's win cast and expense. Ifihe Applicable Requirements are hereafter changed was to
require during the term of this Lease the mastruction of an addition to Or an akecunw, of the Premises and/or Building, the remedUtian of any Hazardous substance,
or the reinforcement ar other physical modification of the Unit, Premises and/or Building ("Capital Expendture"h Lessor and Lessee shall allocate the cost of such
work as follows:
(A) SPb)ect to Paragraph 23(c)below, if such Capital Pxpendburesam required as a result of the speaficantl mishe use of the Premises by Lessee as
compared with was by tenants in general, Lessee shall be fully responsible rorthe cast thereof, provided, however, that if such Capital Expenditure is required during
the last 2 years afthis Lease and the cost thereof exceeds6 months' Base Rent, Lessee may instead terminate this Lease unless lessor nOdfies Lessee, in writing
within LO days after If Lesseof Lessee s terminatl Le smite that Lessor has elected a pay the differewe between the actual rust Capitol
Expand to amount equal lob
months' gale gent if Lessee ekes tertninatloq Lessee shah immediately cease the use of the Premises which requires such Capital fxpentliture and deliver to lessor
whaenrwtcespecifyi"aterminaboodawateasM9 ysthereattec Such termination date shalt, however, in no event he earliier than the tart day that Lesson
could legally utilize fire Premiseswithout commencing such Capital Expendkure
(b) If wchCapimi Expenditure is not the esuk of the spetlbcand uniqueuse ofthe Premises by Lessee(such as, gavemmgntally mantlmed seismic
or any extension thereof,
the date pay that
onCapital Expenditure and Lessee shallonlybe obligatedto pay,eachmonth such costs
remainder ORheterm of this Lease
Oranyes.lo ioeshaffponteresto[hat onwhichthe easegenusdue, an amount equal tof,1/1"th vorof the Capital
ofsuchrusts reasonablyadbibumbk ratite
Premises. LesseeshaN pay Interest on the balance but may prepay its obligation a[ any we. if, however, wch Capital Expenditure is required during the tan 2 years
afthis Leawn or if lessor reasonably dotermioes that it is not economically feasible to pay As share thereof, Lessorshail have the option to terminate this Lease upon
9pdays prior wten notice to Lessee eless Lessee mtie. a lessor, in wrifing within 10 days Aker receipt of Lassoes mcminatmir notice,ss that Leee will pay for such
Capital Expenditure. If Lesser does nott elect to terminate, and fails to tooder its share of any such CBPkaI Expenditure, Lessee may advance such funds and deduct
same, with Interest, from Sent uanI Lassoes share of such costs have been folly paid. If Lessee is unable to finance Wsmr's share, or if the balance of the Rent due
and movable for the remainder of this Lease 6 not sufficient m fully reimburse lessee on an offset basis, Lessee shall have the HEM to terminate this tease upon 30
days written notice to Lessor.
(c) Notwithstanding the above, me Provisions mncemingCapital Expe.MiNres are intended to apply only to non -voluntary, unexpected, and new
Applicable Requirements. It the Capital Expenditures are instead triggered by Lessee as a resuh of an actual or proposed change in use.change in intensity of use, or
aw, ificationto the Premises then, and irs that even, Lessee shall either(g) immediately a a resuch changed use or mmnsiryof useaimlal take such other stops as
May be necessary to eliminate the requitementforsurh OpHal EAperrtltture,-1(ii)mmplete such Capital Expcaditureat its own expense. Lesseeshallnot.hoonow,
have arty right to terminate this lease.
2.4 Acknawledgemenes. Lessee acknowledges that(a) it has been given an opportunity to inspect and measure the Promises, M it has been advised by
Lessor and/or Brokers to wbsfy itself with respect to the size and candidon of the Premises (including but not limited AT the electrical, HYAC and fire sprinkler
systems, security, envhonmeatai aspects, and compliance with Applicable Requirements and the Americans with Onabilibes Act), and their suftabirty for lesion's
intended use, (s) lessee has made such investigation wit deems necessary with reference to such maRars and assumes all responsibility therefor as the same recite
to its occupancy of the Promises, to) k is not relying on any rapresemadon as to the site of the Premises made by Brokers or Lessor, (e) Are square footage, of the
Premises was not material to Lessee's decision to lease the Premises and pay the Sam Count herein, and (f) neither Lessor, Lessor's agents, nor Brokers have made
any oral wsinwan representations or warmndes with respect m said matters other than asset forth in this Lease. in addition, Lesser acknowledges that: (i) Brokers
have made no representations, promises or warranties mnceming Lessee's ability to honor the Lease or suitability mamup, the Premises, and (it)A is lassoes sole
respanfibdily to investigate the financial mpobdAy and/or suitability of all proposed tenants
2.6 lessx as Pdar Owner/Ocmpant Thewarmnhes made by Lessor in Paragraph 2 shall be of no farce or effect if immediately priarm the Start Date lessee
was the owner w occupant of the Premises. In Inch at. Lessee shall be WlMagbk far any necessary corrective wank.
3. Tenn.
3.1 Term. The Commencement DAM,UPlmfion Date and Original Term of this Lease are as specified in Paragraph 1.3.
12 Eadq Possession. Any provision herein granting lessee Early Possesshan of the Premises is subject to and conditioned upon the Premises being available
for suclt possession Via, to the Commencement Data. Any grant of Eady Possession only come" A non-exclusive tight to Occupy the Premises. Rlessee, totally or
partfafyaccupies the Premises Ontario Me Commencement Date, theabligagnn to pay gam Rent shall be abated for ffie period of such Early Possession. Ail other
terms of this Lease (including but Out limited m the obligations to pay Real Property Taxes and insurance premiums and to maintain the Premises) shall be in effort
duringsuch period. Any such Early Possession shall not aRett the Fxplration Date.
13 DelayinPossession. Lessor agrees to use its best pommercialty reasonable efforts to deliver posawarm 0 the Premises to Lessee by We Cammenmment
Date. if, despite sold efforts, lessor is unable to deliver possession by such date, Lessor shall not be subject to any liability terein,nor shall such failure affect the
validity of this lease or change the Explretipn Date. Lessee shall not,however, be obligated to pay Rent orpeiform As other obligations untAbessor delivers
Possession of the Premises and any period of not abatement that Lessee would Otherwise have enjoyed shall ran from the date OfdelAery of possession and
continue for A parried aqualtowbat Lessee would adowa w have enjoyed underthe terms hemp( bid mmuseny days of delaycaused by the acts aramisswns at
Lessee. If possession is Hot delivered within GO days after the COmormornmenl Date, as the same maybe extended under the terms of any Work Letterexecated by
Parties, Lessee may, at its option. by notice in wrifingwRhin Mays after the and ofsuch ED day period, cancel this Lease, in which event the Pzrdesshall be
discharged from all obligations hereunder. if such written notice is not received by Lessor within said 10day period, leas is oght tocartcel shall terminate If
possession of the Premises is not delivered within 120 days after the Cammemeinent Date, this Lease shall terminate unless other agreements are reached between
Lessor and Lessee, in writing.
3.4 Lessee Compliance. lessor shall not be required to tender possession ofthe Premises m lessee anal lessee complies with dsabligadon m provide
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evidence of insurance (Paragraph &Sf Pending deliveryof such evidence. Lessee shall be required to perform all of its obligations Mder Urislease toward alter the
Start Oat, includingthe paymentofgents natwiMsmMing Lessor's election to withhold possessiongentling receipt of suchevidenceef esornme. Further, giessee
is required In Perform any other cure id... prior he or concurrent with the Start Date, the Start Dateshall «cur but lessor may elect to Or ¢field possession until such
candtfipns are satisfird.
4. Raft
4.1 RerR 4Rned. All monetary obligations of lessee Me Lessor under the terms ofthis Leaselareept for the Security Depeatime deemed to he rent("Ienrl.
4.2 PavmMt Lessee shall Cause Rymer Of Rent to Is, received try Lessor in lawful money offee United States, without offset ordaductent(mme.pl as
,inU wily permitted in this Lease), on or before the day an which it is due. All monetary amounts shall be mundedto the nearest whole dollar. In the event that any
irwoiceprepamd by Lessor is inaccurate such inaaumcy shall not reaction, a waiver and Lessee shall be obligated to pay the amount set torch in this Lease. Monitor
any period during the term hemof which is for less than one frl creadar month shall be pearated based upon the actual number of days of said month. Payment of
Remshall be made to Lessor at it address staled herein or h s«h other persons or place as Lessor, may from time re time designate m writing. Atcepmnreof a
Payment which is less than the amount then due shall net be is waiver Of Lessors rights to the balance of such Rent, regaN cart; of Lessons endorsement of any check
so stating. In the event that any check, draft, or other Instrument of payment given by Lessee to Lessor is dishonored for any reason. Lessee agrees to pay to Lessor
ihesum of$25 in addition to any late Charge and Lesp4 ato, option, may require all future payments In be made by Lessee to be by cashier's check. Payments wlil
be applied firstly accrued Late charges and atiomey's fees, second to accrued interest, then to Base Rent Insurance and Real PeopeM Taxes, and any remaining
amount to any other outstanding charges at costs.
4.3 Ass«ietion Pons. In addition to Lee Bare Rent, lessee shall pay to Lessor each month an amount Meant to 3AY Men's apprentice or condominium fees
levied or assessed against the Premises. Said monies shall be paid at the same time and in Lee same manner, as the Base Rent.
S. Securiyy Dapper. Lessee shall deposit with Lessor upon exermn hoped the Security Deposit as setwo, for tessr.'s hurtful perform an ceofitsabRyaIions
undertha Lease. iflesse. fails to pay Rent, or otherwise Defaults under this Lease,Lester may use. apply or retain all or any portion al said Security Deposit far the
payment of any amount already due Lessor, far Rents which will be due in the future, and/ or reimburse or Compensate Lessor far any lability, expense, less or
damage which lessor may suffer orneur by reason thereof. If Lessor uses or applies all or any portion Mirth, Security D,Rpsit, lessee shall within 10 days after
written request therefor deposit monies with Lessor sufficient M restore said 5ecutay Deposit to the full amount required by this Lease. If the Base Rent increases
during the .Of this Leas, Lessee shall, upon written request from Lessor, deposit additional monies with lesser so that the total amount of the Secured Deposit
shall at all times bear the same proportion to the increased Rase Rent as the initial Security Deposit bore to the initial Base Rent. Should the Agreed Use be rommaded
to accommodate a material change in the business of Lessee Or to accommodate a sublessee Or assignee, Lessor shall have the nghtto Increase the Secnety Deposit
M the award necessary, in Lessors reasonable judgment, to account for any increased wear and teat that the Premises maysuRer as a result thereof. ff a change in
central of Lessee occurs during this Lease and following such change the financial condition of Lessee k, in Lessor's reasonable judgment signifiontiy reduced, lessee
shall Mixed, such additional monies with lessor as shall he sufficient to cause nee Security Deposit to M At a commercially reasonable level based on such change in
finanewicondbion. Lessor shall not be required to keep the 5a eb? Deposit separate from as general accounts. Within SO days after the expiration or termination of
this Lease, Lessor shall return Mat portion of the Sewridy, Deposit not used or applied by Lessee Lessor shall upon written inquest provide lessee with an accounting
Showing how that portion afthe Security DepasR that was not returned was applied. NO Part ofthe S«uritypeposit shall be considered to be held in mon,pbear
interest or to be prepayment for any monies to be paid by lessee antler this Lease. THE SECUROY DEPOSfr SHALL NOT BE USED BY LESSEE IN UEU OF PAYMENTOF
THE LAST MONTH'S RENE
6. U.
6.1 Use. Lessee shall use and Occupy the Premises PONRothe Agreed Use, or anyothm legal use which is reasonably comparable therew, and for no other
Purpose . Lessee shall not use ar aermR the use of the Premises in a manner that is unlawful, creates damage, waste or a nuisance, or that disturbs occupants of or
Causes damage to neighboring pormisesarproperdes. Other thangu de, signal and seeing eye dogs, lessee shall not keep or allow In the Premises any pets, animate,
birds, fish, or rebates. Lessor shall net unreasonably withhold or delayits consent to any written request for A modification afthe Agreed Use, so long as the same will
not impair the structural integrby Of the improvements on the Premises or the mecherical or electrical systems therein, and/or is our sinuffcaotiymofe burdensome
to the Premises. If Lessor elects to withhold consent, Lessor shall within 7 days after such request give within rwtifiation of same, which notice shall include an
explana6an of Lessor's objeclians to the change in the Agreed Use.
6.2 Hamrdous Substances.
(a) Reportable Use Require Carrrsem- The him "Namrdous Substance" as used in this Lease shall mean any product, substance, or waste whose
Presence. use, manufacture, disposal, transportation, or release, either by itself or in combination with other materals expected to be on the Premises, is either. (i)
Murat ilyte minus to the public health, safety at welfare, the environment at the Premises. Pr regulated or monitored by any governmental authority, or (in) a basis
for potential liability of Lessorto any governmental agency mthird party under any ...Maybes emtute ercommon law theory. Hamrdaus5ubstancesshall include, but
not be IimRed ta, hydroarbons, petroleum, gasoline., and/or nude ail m arry Products, by pmtls¢Lv Orfracdons Hereof. Lessee shall not engage in any movah in or
on [fie Premises which constitutes a gepwmbk Use Of Hamrdous5uhsmnces withput the express priorwdtten mnsentot tensor and MrrNS Complunce (at lessee's
expense) with ail Applicable Requirements. "Reportable Use -shall mean II) the installation or useef any above or belowground storage tank (it) the generation,
Possession, storage, use, transportation, c rUispami of. Hamrdnus Substance that requires a Permit from, or with respect te, which a report, na6ce, millumatian or
base.. IRA is required to be filed with, any govemmenmlauthority, and/or in) the presence at the Premisesof a Hamrdous Substance with respect to which any
Applicable Requirements requires that a notice be given to Persons entering or«cupying the Premerser neighboring properties. Nobeith tenting the lmomaing,
Lessee may useany ordinary acid customary materials reasonably required to be used in the normal course of the Agreed Use, ordinary office supplies (copier toner,
)lilted paper, iglu, etc.) and common household cleaning materials, sa king as such use is in compliant with ant Applicable Requirements, is not a Reportable Use, and
does eat expose the Premises or neighboring Pm.erty[o any meaningful dskofcon[artdnatinn Ordamage or expose lessor toasty Rabilbytherefor, kaddition,
Lessor may mumbe its consentt s ant Reportable Use upon receiving such additional assurances as Lessor reasonably deems necessary toprotect itself, the public,
the Premises and/or the environment againstdamage, conbmination, injury arW%nr liability, Indutlin& butnat Itmitetl to, Meinsnlla[ion (antl removal on or hefore
Lease expimVon or mrminatlpn) of pmi«t(ve modifiations )such as concrete enapmentsl antl/ori«reusing Me Security DeposR.
(b) Duty to lnkrm Less«. Rixi knows, or has reasenableaup to believe, that a Hamrdous Substance has mine re be located in, on, under or
about the Premises, Other than asprewpoly consented to by Lessor, Lesmashall immediately give written narite of such fact to Lessog and provide Lamor-w he a
coot a( any report, notice, realm or other d«nmentadon which i[ has concerningtfie presence of such Haardaus Substance.
(c) Lessee Remedialion. Lessee shall nataose arpermi[any Hamrdous Substance to be spilletl ar released in, son, under or about thePremises
(including through the plumbing or mRU,S w F sysmm) and shall promptly, at Lessee's expense, comply with all Applicable Requirements and take all haresoMmry
and/or remedial action m acourly recommended, whether at not formally ordered Or required, for the cleanup of anycontamination of, and far the maintenance,
security and/or monitoring of the Premises or neighboring properties, that was mount or materially contributed to by Lessee, or pertaining toot invakiall
Haax_andiuusSubstance beaughtones the Premises during the term of this Lease, by or for Lessee, manythed party.
L
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(d) fesseeiMemnigcatlon.Lescee shall indemnify, defend and holdtessor, its agents, empbvees, lenders and ground lessor, gamy, harmless from and
apinst arty antl all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorney' and Poesubantr'foes arising out of or involving any
Hazardous5ubsfance bmughto m the Premises by prior Lessee, or anythbtl party (Pmyidad, h usawal Nat Lesseeshall have no ItabilRyuMer this leR awn,
ONguluasptctW undergroundmut Out efanydI, the s Substanceunderthe PremBesfromadjacent prImparts notcausedofmntribuat W rsLesser.Lessees
that-Anssha(Iinclude, butno[belimitedontheeration/d/raatemeno or injurytoperson, prapenyortheewlation fcreateder sufferedby lessee, and
thecost of investigation, removal, remediatkn,res[orati0n and(Orabmemen4 and shall survive the expiation Or Wrminaton of this Lease No orminatkn,
rancelaton or Meazeagmement enterer Ina by tessorantl Lesseeshall release lessee from Itsobligatlons underthis Leine wi<hrespert W Haardous Substances, unless spedficallYw agreed by Lessor in writlng tithe dine of suds agreement
(a) lessorlrMemnifltatbn.ExcePt As otherwise provided in paragraph 8.7, Lessor and its successors and assigns shall indemnify defend, reimburse and
hold lessee, Its employees Rod lenders, harmless from ad against any and all environmental damages, including the cost of remedatlon, which result ham
Hazardous Substances which existed on the Premises prior W lessee's occupancy or which are caused by the gross negligence or willful misconduct of lessor, its
agents or employees. lessor's obligations, as and when required by the Applicable Requirements, shall include, but not be limited to, the cast of investigation,
removal, remediatiom resorption and/Or abatement, and shall survive the expiation or termination ofthis Lease.
if) Investigattms and Rsmredagnns. Lessor shall retain the responsibility and pay for any investigations or monedialon measures required by
Rwemmental "uncles having jurisdiction with respect W the existence of Hazardous Substances on the Premhes prier to Lesson's occupancy, unless such remedia0an
measure is required as a result of Lessee's use (including "Alterptions-, as defined in pamgaph 7.3(a) below) of the Premises, in which event lessee shall be
responsible for such payment Lessee shall coopeaa fully in any such activities at the request of Lessor, including allowing Lessor and Lessor's agents W have
reasonableg) Ltithe Premisesatreasonable nmesin order[o arty euttesmr's imestiganveand remedial mspomibilRks.
(th 4ssw Termhase Lessees 11 the
investigation
and soundseepaagrephequiced by the App0oae, Requiem Lease, unless Lesseeis legally
responsible therefor (in which case Lessee shall make the paragraph 6 and and Parnon thereof assorm by the Aoes opts Requirements and this Lease shall me such
to full force and effect, but subject se Leswr's rights ..on, o paragraph possible
and Paragraph cape in which
event
LRsm2s option, occur a investigate and remediate such
Hazardous Substance [oMitipn, g requireQ as soon as reasonably possible at lessor's expense, in wM1ich event Nisteau shall continue in full force and effect, or (it) if
theestimated Past W remediate such condition exceeds 12 times the then monthly Base Rent or $100,000, whcheverw greater, give written notice W Lessee, within
30tlaysa@erreceiptte Lessor ofknowledgeo/the occurrenceof ruche R mo mSubstanceContlitian, of Lesson desire thtermar,gve lease asofthe dateor
daysfallowing Me date of such notice. In the even[ Lessor elearto give a termination nonce. Lessee may, within 10 days tfiereatte5 give written notice to lessor of
Lassoe's commitment to PRY the amount by which the cost of the remediation of such Hazardous Substance condition exceeds an amount equal to 12 times the then
monthlygase Rem or $1CD,WD, whicM1everis greater. Lesseeshall provide Lessor with said funds Or satisfactory, assuanre thereof within 30days following such
commitment. in such even[, this Lease shall continue in full force and effect. and Lessor shut proceed to make such remediation as soon as reasonably possibleafter
the required funds are available. ff teesee does apt give such nonce and provide the required funds or assuancethereof within Hearne prodded, this Lease shall
terminate.as fthe data speciffecim t Imsnotice oftermination.
0.3 Lessee's CamPHImpowith pppliraWeRequirements. Exceptas othervaisepoavidad in this Lease.Lesseeshall, at Lao,,v'smle expense, fully, dirpntryand
in a army manner, materially comply with all Applicable Requirements, the requirementsofany applicable fire insurance underwriter or adng bureaµ and the
recommendations of Lessoi s engineers and/or onsulants which relate in any manner to the Premises, without regard to whetheraid Applicable Requirements am
now In effect or become a8ective after the Start Date. Lessee shalt within Mdays after receipt of Lessor's written request, provide lessor with copies of all permits
and other documenb, and other information evidencing Lessee's-R Plance with arty Applicable Requirements specinetl by fesmg and shalHmmediaoty upon
hahoam4 notify Lessor in writing With copies of any documents Involved) of any threatened Of actual calm, mefim, danon, warning, complaint or report Bsodml0g to
or inva.Mog the failure of Lessee or the Premises to comply with any Applicable Requirement. ❑kewiu,tessee shall immediately give wisdom notice to lesser of, (I)
any water damage W the Premius and any suspected seepage,p lin& dampness or other condition miMutwe to the production of mods or (Ft) any mustiness Or
other odors that might indicate the presence of to in the Premises. In addition, Lessee shall provide Lessor with copies of its bushiea license, certfiote, of
occupancy aadjo. any similar document within 10 days of the receipt ofa written request therefor
6.4 Impectbm Compflance. Lessor and Lessors tend h`(as defined Ica Paragraph 30) and consultants authorized by Lessor shall have the right to enter into
Premises at any time, in the au of an emergency, and otherwise at reasonable nmoantru reasOnahle notice, for the purpose Of inspecting and/or testing the
mntlNon of the Premises aM1or forverifying compliance by LesuewiN Mis lease. The Past of anysuch inspections shall bepaid by lessor, unless aviolation Rt
Applicable Requirementr, ore Haaud0us6ubsunce Condition (see Paagaph 92} is found tv exist or he imminent, prthe inspection is requested or ordered bye
govemmentai authority. In such case, Lessee shall upon request reimburse Lessor for the cost of such inspection, so Nagas such inspection is reasonably related to
the violation Or contamination. in additioq lessee shall provide copes of all relevant material safety data sheets (MSDS) to Lessor within 10 days afthe receipt of a
writenrequestlherefs, Lessee acknowledges that any failure on Its pan to allow such iculnutlans Of testing will expose Lesser to risksaod potentially apse Lessor
to incur costs not contemplated by this Lease, the excentof which will beextremelydificult to ascerain. Accon ingiy, should the lessee fail to allow such inspections
and)ormstlng ina timelyashion[he gaze Pent shallbe auomatially increased, without any requirement far such to Lessee, by an amount equal to Res IUe
than existing a. se Rent or 5100, whichever is greater for the remainder up, the Lease. The Paoies agree that won increase in ease Hart represents bar And reasonable
camparnob.n for the addiFonal risk/cosis that Lessor will incur byreawn of lessee's failure to allgw such inspection and/or testing. Such increase m Base gent shall
in no event consul a waiver of Lessee's Default or Breach with respect W such failure nor prevent the exercise Of any othee other rights and remedies granted
hereunder.
1. MafMeearrce;Repairs; Wity Insallatbm; Tide Mixtures And Alaratkm.
7.1 lessee's Obllgadom.
(a) In Geverel. Subject to the provisions of Paagaph 2.2(Condition), 23(Compliancel, 1.1(Lessee's Comphance with Applicable asonbementsj,7.2
(Lessor's Obligations), 9 (Damage or Desrmcdon), and 14 (Condemnation), Lessee shall, At lessee's sale expense, keep the Pmmiws, UOfity in Wilanons (intended lot
Lessee's exclusive use, no matter her. looted}, and AReanous in good order condition and repair (whether Or not the. portion of the Premises requiring repairs, or
the means of mon,mg the same, are reasonably or readily accessible to Lessee, and whether or not the need for such repairs omurs as a..ft of tessee's use, any
prior use, the elements or the age ofwch portion of the Promises), including, but not limited to, all equipment Or turbines, such as plumbing, HVAC equipment,
electrical, lighting bucadues, boilers, pressure vessels, fire promotion system, fixtures, walls (interior and external, ceilings, floors, stain, windows, doors, plate glass,
skylights, landsapin& driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, Or adjacent W the Premises. Lessee is also
responsible for knepng the roof and roof drainage dean and free of debns. Lessor shah keep the surface and structural elements of the mof, foundations, and bearing
walls in goad repair (see pa agaph 72). lessee, in keeping the Premises in good Ruder, condition and repair, shall exercise and perform good of inenance practices,
specifically including the pmcuremeM and maintenance of the service contacts requbed by Paragraph T,1(b) below. Lessee's oblgadonsshall include resimenmts,
replacements or renewals when necessary to keep the Premises andtali improvtsementhereon or a Pan thereof in goal order condition and state of repair Lessee
shall, during the term of this W.au, keep the exterior appearance of the gambling in a first-class condition (induding, e.&gaffin removal) consistent with the exterior
appearance of Other similar facilities of comparable age and size in thevics including, when necessary, the exterior repainting of the Building.
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(b) Service Contracts.tesseesbali, at lesson's snfeerpense, procure and maintain contracts,wbh copies to lessor, in customary formand aubstanceht,
and with contractors specializing and experienced in the maintenance Af the followingequipment and improvements, if any, Hand when installed on the Premises: (I)
HVAC equipment, fill boiler, and pressure vessels, (fill fire extinguishing systems, including fire alarm and/or smoke detection, fro{ landscaping and irrigation systems,
and (a) danfi... However, Lessor reserves the right, upon notice to Lessee, to procure and maintain any or all of such service samma a , and Lessee shall reimburse
Lessor, upon demand, for the cost thereof.
(c{ FallureMPerfdnn.IlLesseetaiN to perterm Lesseesdbiigations antler this Paagraph Zl, lessor may¢n.rupo. the Premises after lOdayi prior
written notice to Lessee (except in the case of an emergency, in which rase no entice shall be required), Perform such obligations on Lessee's behalf, anti put the
Premises in good order, condition and repair, and Lessee shall promptly pay to Lessor a sum equal to 115% ofthe cost thereof.
(d) Replacement Subject to Lessee's indemnification Al Lessor as set forth in Paragraph 8.7 below, and without relieving Lessee Of liability resulting from
Lessee's failure W in ercise and perform goad maintenance practices, 0 an item described in Paragraph 7.1(b) comet be repaired other than at a cast which is in excess
Of SD%Of the cost of replacing such item, then such item shall be replaced by Lessor. and the cost thereof shall be prorated between the Parties and Lessee shall only
be obligated to pay, each month during the remainder Of the term of this Lease, on the data on which Base gent is due, an amount equal to the product of muMptying
the cost of such replacement by fraction, the numerator of which is one, and the denominator of which is 144 fie. 1/144eh of the rest per month). Lessee shall pay
Interest on the unammti.d balance but may prepay be obligation at any time.
7.2 lessor's Obligati s. Subjected thefunwoionsuf Parapmhs2.2(ContliVon1,2.3tCompliance),9(Damage orthetruction) and 14(CmMemnadon), iris
intended by the Parties hereto that Lessor have no obligation, In any manner whatsoever, m repair and maintain the Premises, or the equipmentthemin, all of which
obligations are intended to be that of the Lewes, except for the surface and structural elements ofthe roof, foundafions and belong walls, the repair of which shall be
the responsibility of tenor upon receipt of wr ifto notice that such a repair Is necessary. It is the intention of the Parties that the terms of this leasegowon the
reipectm epbhganons of the Parties as to maintenance and repair of the Premises.
7.3 UUIIN Imdllanons; Trade FlxNres; Aireatbns.
(a) Oefifle... The term "Milt, herallandm" refers to all floor and window coverings, air and/or vacuum lines, power panels, electrical distribution.
security and fire protection systems, communication cabOng lighting fixtures, HVAC equipment, plumbing, and fencing in or on the Premises. The term'Trace
Focused" shall mean Lessee's machinery and equipment that can be removed wmuut doing material damage to the Premises. The man "Afters ono" shall mean any
modification of the improvements other than Utility Installations or Trade Fixtures, whether by addition or deletion. "lessee Owned Abhorrent, anti/or tfnllty
imbllaifons" are defined as Nteationsand/or Utigry Intallanons made by Lessee thatare not yet owned by Lessor pursuant to Paagraph 7.41a).
(b) Coment. Lessee shall not make any Alterations or Utifty lnstillaEans to the Premises -About lessees prior written consent. lesinemoghowever,
make non-structo ai Alterations or Utfgty Installations to the interior of the Prembes(excluding the roof) without such consent but upon nonce to lesor, as long as
they are not visible from the outside, do not invoke puncturing, reldoanng or amusing the roof orar exiting wails, will Trot affedthe electrical, plumbing, HVAC.
and/or life safety systems, do hot trigger the requirement for additional modiftOmOns and/or improvements inthe Premises reaching "in Applicable RequirennoU.
such as compliance with Title 24, and the cumulative con thereof during this tease as extended does not exceed a sum equal to 3 month Ease Rent m the aggregate
orasumequaltodnemonth'sgasellentinanypneyear. Notwithstanding the foregoing, Lessee shall not make or permit any roof penetrations and/or install
anything on the roof without the Pool written approval of Lessor, lessormay, as a premndinan togran6ng such approval, require Lessee m Wawa contractor
chosen anti/or approved by Lessor. Any Aberration.! Utility installations Unat Lessee shall deem to make and which require the consent of the Lessurshall be
presented to lesser in written form with detailed plans. Consent shall be deemed conditioned upon lesees:(1) acquiring all applicable governmental Permits, Ili)
furnishing Lasser with copies of both the permits and the plans and specificamm- prior to wmmencament of the -ark, and till) compliartne with ail condition, of said
permits anti oiherAppilrable Regniremen[s ina promptand Pxpetlidays manner Any Alterations.,UHlit tnstallatmsshaliheperfarmedinaworkmanlikemamrerr
wilh good and sufficient materials. Lessee shall promptly upon completion furnish tessorumh as -built plans and specifications. Forwork which costs an amount in
mess of one moth's Ease Rent, Lessor may condition its consent epde Lessee providing a lien and completion bond in an amount equal to 150%of the estimated
mstof such Alteration or WAY installation and/or upon Lessee's posting an addinonal5ecurity Dria sitwdh Lessor.
(c) Uens dyads. Lessee shall pay, when due, all claims For labor or materials furnished or alleged to have been furnished to prior Joicamat orfor use an
the Premises, which claims are or maybe secured byany mechanic's Or materialmen's lien against the Premises or any romma therein. Lessee shall give Lessormo,
less than 10 days notice prior to the commenremeot afar work in, on at about the Premises, and Lesser shall have the right m pat notices of non espaneibiiHy. it
Lessee shall contest the validity of any such Ile., claim or demand, then Lessee shall, at is sole expense defend and protect itself, lesser and me Premises against Me
sameand shall pay and satisfy any such adverts judgment that maybe tendered thereon handle the enhrcementthereol. If Lessor shall require, second, shall furrob
a surety bond in an amount equal to L508 of the amount of such contested lien, claim or demand, indemnifying Lessor agamstliabfgty for the same, if tessareleas
to participate iany such Rotor, Less" shall Any lescor'satromeys' lees and costs.
7.4 pwnenhip; Remo nd;Surrersdd,r, and Restoration.
la) Owrership. Subject to fen.rsopt to.quire removal or died Ownership as hereinafter provided, all Alterations and UtlliN mstaganons made by
lessee shall be the property, of Lessee, but considered apart of the Premises. Lessor may, at any time, elect in writing to be the owner of ail or any specified part OI
the Lessee Owned Alterations and Utility installations. Unless otherwise instructed per paagraph 7.416) hereof, all lessee Owned Altemndm and UtllitY installations
shall, at the expiration or termination of this Leave., become the Property of Lessor and be surrendered by lessee with the Premises.
Rd Remoter. Ey tlefivery to iesseeaf written nonce fromtessar no[earlie, than 90 And not later than 30 days prior to the end of the term of this Lease,
Lessor may require that any or all Lessee Owned Alterations or Utility Irritableness be removed by the expiration or termination of this tease, lessor may require the
removal at any time of all or any part of ar Lessee Owned AReations ur Utility mnallations made without the required consent.
1cl Surtender, Restaa(ion. Lessee shall surrenderthe Premises by the Expiration Date Or any earlier Mrminaben date, with all of the improvements,
parts and surfaces thereof broom clean anti free of debris, anti is good d have be rimer. condition and state of repair, ordinary wearantl tear excepted. °Ordinary
wear and tear"shall riotinclude ar damage gardeterie. timthat wouldhavebeen prevented bygaudmaintenance practice. fl to Lessandin he the Snot arewtf the
lesseeoccupiesthe Premisesfor iomonths sless,then lesseeshah surrender the Pre misesinits¢samecanaille.asdefiveredtoLes Fbasnthe Start Dare with NO
allowal¢e for prtlinary wear and [sac Lessee shall repair any damage acosmned by the imtaliandn, maintenance mremovai ofTrade Fixtures, Lessee owned
Alterations and/or Utility Installations. furnishings, and equipment aswell as the removal of any storage tank installed by or for Lessee lesseeshallalsommovefmm
the Premises any and all Hazardous Substances brought onto the Premises by orfor Lessee, or any third parry (.M Hazardous Substances which were deposited via
underground mipation framareas eumideof the Premises) to the level spscifiP.d in Applicable Requirements, Tads Futures shelf remain the Pon ertynf lessee and
sM1allbe rammed 4v Lessee. Any personal property of Lessee not removed on or before the Expiation Cam litany earliklm m muion date shall be, deemed to have
been abandoned by Lessee and maybe disposed Of orretabsed by Lessmas Lesser may desire. The failure by tessaom timely vac, to the Premises pursuant 10005
Paragraph 7.41c) without the repress written consent of lessor shall compli to a hold.., under the lowlands of Paragraph 26 below.
8. Ins.., Indemnity.
8.1 Pavmentof Premiumhmaases.
(a) Lessee shall pay to Lt., arniama race cast increase "Insurance Costiorresk ") occurring during the Who afthis Lease. Imurance Costincreasels
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defined as any increase in theacNal cost of the Insurance required kinder Paragraph 8.2(b), 8.3N) and 8.3161, over and Rome the Base Premium as hereinafter defined
calculated on an annual basis. Insurance Con Increase shall include but iod be limited OR iOcreases resulting hnm the nature of lenee'socmpancy, any act at
omission of Lessee, regnorme,"ta of the holder of mnrtg.ge .,deed of bust coveting the Premises, increased ualuafon of the Premises and/ora premium to
increase. The parties areenmuagedtUt fill in the Base Premium in Paragraph 1.8 with unreasonable Premium for the Required Insurance based on the Agreed Use of
the Premises. If the ecre,fif to fused a dollar amount a pangaph L8, then the Base Premium shall be the lowesta a.ml premium reasnnably obtainable for the
Required Insumme as of the commememenl of the Original Term for the Agreed Use of the Premise, in no event, however, shall lessee be responsible Witter,
portion of the increase in the premium cost attributable Lo liability insurance cared by Lessor under Poagmph 8.211d) in earo ssef $2.=, Mq per occurrence.
(Of Lessee shall pay any such Into.." Can Increase to Lessorwithin 30 days after receipt by Lessee of a copy of the premium statement or other
reasonable evidence of the amount due. If the insurance Entities maintained hereunder cover other property besides the Premises, Lessor shall also deliver to Lessee
a statement of the amount of such insurance Con Increase attributable only to the Premises showing in reasonable detail the manner in which such amount was
computed. Premiums for policyperiodsinmmencing prior to, or extendng beyond the term of Nis Lease, shall be pmafed to correspond mike term of Nis tease.
8.2 Liability Imumnce.
(a) Caniedbytessee. Lessee shall obtain and keep in force aCommercial General Vabgdy polity of insurance protecting Lessee and Lessor as an
additional insured against claims for bodily injury, personal injury and Property damage based upon er arising nut of the ownership, use, occu ianry or maintenance of
the Premises and all areas appurtenantthere[E. Such Insurance shall Won an Occurrence basis providing single Ihnit coverage in an amount not less than $I,WD,000
peroccurrence with an annual aggregate of not less than$2,000,000. Lessee shall add Lessor as an additional insured by means of an endorsement at least as broad
as the Insurance5ervice Organization's'AddHunal Insured Managers or lesson of Premises" Endorsement. The If, shall not rontain any iota -Ensured exclusions
as between insured persons compmeaflnns, but shall include coverage for liability assumed under this Lease asan "insured contract" for the par ermanneof Lessee's
indemnityobligagons underthis lease. The grafts of said insurance shall not, however limit the liability of Lessee nor celiere ,w, of any obligation hereunder.
Lessee shall provide an endorsement on its liability policy(iesi which proveidesthat its insurance shall be primary to and not camribumry with anysimilar insurance
carried by Lessor, whose fnsumnce shall be considered excess insurance only.
(b) Camalby Lesser. Lesmrsball maintain liability Nsuafice as described in Paagaph 8.2fa), in addition te, and not in lieu of. the insurance required to
ber maintained by Lessee. Lessee shall not be named as an additional insured therein.
8.3 Property Msumme- BWlding, lmprovemems and Rental Value.
(a) Endling and Improvements. The Insuring fintnaB obtain and keep in fame a policy or policies in the name of Less., with lossparp1to to Lane,
any ground -lessor, and to any lender Insuring loss or damage to the Premises. The amount of such insurance shall be equal to the full insurable replacement cost of
the Premises, as the sameshali exist from time he time, or the amount required by any Lender, but In no event more than the commercially reasonable and available
insurable value thereof. Lessee Owned Afterations and Might Installations, Trade Fixtures, and Lessee's personal property shall be insured by Lessee not by Lesson if
the coverage isaailabie and commercially appropriate, such policy orpolides shallion a against all risks i f direct physical lasso, damage (exep flu, perils of Hood
and/or earthquake unless required bye Lender m included in Me Base Premium), including coverage for debris removal and the onfnrcement afany Applicable
Btquirements requiring the upgrading, demolition, reconstruction or eplarement of anyportgen of the Premises as the result ofa covered loss. Said polity or-Mlicies
Shall also contain an agreed valuation provision in lieu ofare, coinsurance clause, waiver of subrogation, and inflation guard pmtetti.n causing an increase In the
.....tproperty insurance coverage amount by a Poctorof oat less than the adjusted U.S. Department of labor Consumer Pace Index for Ali Urban Consumers for the
cityneamst wwhem the Premises are looted, if smh insurance [avemgehas a deductible clause. the deductible amount shall not carried $5," Per mou nwo,e,
.ad Lessee shall be liable (.,such deductible amount In the event.(an Imused Loss.
(b( RentRIValue. The Insuring Party shall obtain and keep in force a policy orpo0oy, in the name Efte.sor with gets payable to Lessor and any tender,
WHIMPg the loss of the or Rent for ora year wHh an extended period of indemnity for an additional ME days ("Rental Value insurance"). 5aid insurance shall contain
an agreed transition provision in lieu of any coinsurance clause, Rod the amount of coverage shall beadiNted annually to refNa the projected Rent otherwise Payable
by lessee, forthe next 12 month period, lessee shall be liable for any deductible amount in Me event of such lass.
(c) Adjacerd Pmm{ses. If the Promisesam partof a larger building, prof a group of buildings owned by Lessor which ..adjacent to the premises,the
Lessee shall pay for any increase in the premiums forthe property insurance of such building or buildings if said increase is.ueetl by Lessee'sN S, Emissions, use Or
occupancy of the Promises.
&4 lessee's Property;Business Inwmption Imumme{WerkeesC mpe.mt nin mnce.
(a) Property Damage. lesseeshallobdin and maintain insuancecoveage on all of tossee'speaonal property, Trade Fixtures, and Lessee Owrced
ARembans and Utfifty Installations. Such insurance shall be full replacement costmvenge with a deductible of notte exceed $1,000 per occurrence. The proceeds
from any such insurance shall be used by Lessee forthe replacement of personal property, Trade Ffi do es and Lessee Owned AReradons and LRHityInstallations.
(b) Bu9rmasbstenuptied. Lessee shall obtain and maintain Loss nt income and most expense insurance in amounts as will reimburse lessee for direct or
indirectioss of eared., attributable mall perils commonly insured against by prudent lessees in Me business of fosse¢ or attributable to prevention of access he the
PremVSESas a result of stroll perils.
(c) Worker's Compensation lnsunnce. Lessee shall obtain and maintain WorkersCompensatio, Insurance in such amount as may be required by
Applicable Requirements. Such Poury shall Include.' Waiver or5uhmgafion' endorsement. Lessee shall provide Lessmwith a comfif such endorsement along with
the certificate of fnsumnce or copy of the polity required by paragraph &5.
(it) Ne Rajosomdaffon.Ablauuamfnvemge. Lessor makes no representation that the limits or fmmsef osvemgo ofinsuman specified herein are
adequate to rover Lessee's PmPertg business operatumS or obligations under Ends Lease.
85 imumficarPulkies. Insuamz required herein shall be bycompanies maintaining during the poliryterm a'Ceneral PngryhELoert Rating"of at Man A-, VII,
as set forth in the man current issue of"Best's lnsumme Guide", or such other rating as may be required by a Under, Lessee shall net do or permit o be done
.,Mm, which invalidates the required fnsumnce policies lessee shall, prior mthe Start Date, deliver to Lesser certiPed minus of policies of such Insurance or
ce,dfieates with copies of the required endorsements evidencing the existence and amounts of Me required insurance. Nosuchpolk shallhecanceiablam,objest
to modifimbon except after 30dWs prbr written notice to Lessor. Lessee shall, at lean 10 days prior W Me expiration of such policies, furnish Lessor with evider¢e of
renewaB or "insurance bindrrs" evidencingrenewal thereof, err Lessor mayor[lease his Ilabigty insurance coverage and charge Ne cost Nererf[o Lessee, which
amqum shall be payable by Lmsee to lessor upon demand. Such policies shall brio, a term of at Mast oneyear orthe ienglh Ef the remamingterm of this Lease,
whlcheverist.l. if either Party Shall (Oil to procure and maintain the insurance required to be carved by it, the other Party may, but shall not be required to, procure
oral maintain the same.
8,6 Vinharof Subrogation. Without affecting any other rights or remedies, Lessee and Lessor each here by release and relieve the other and waive their entire
fight to recover damages against the other, for loss of or damage to its property arising out ofor incident to Me perils required to be insured against herein. The
effect of such releases and waivers is not limited by the amount of insurance Earned or required. or by am deductibles appliable hereto. The Parties agree to have
theimespective property damage Insurance.uierswaive arty right to suHrogatton that such companies may have against lesSmar Lessee, -as these may be,so
long as thcinsuran.e isnot inwiidaRtl thereby.
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8.7 Indemnity. Except far lessor's gross negggamem wfilMl mnametalt, fesseeshall indemnity, protect, defend and hold harmless the Premises, Lesor and
ds agents, Lessee master or ground lesson partners and Lenders, from and agamst am' mM all'Joints, losaof rents and/w damages, lien;judgmems, penalties.
attemeys' and consultants' fees, expensesand/pr liabilities arisingaut of, involving, arm connection with, a Breach of the Lease by lessee and/or the use and/or
occupancyof the premises ind/su Projectby Lesseeandlor bytener's employees, contactors or invitees. R any action or proceeding is brought agalnst Lessur by
reason of any of the foregoing matters, Lessee shall ,an notice defend the same at Lessee's expense by counsel reasonably satisfactory to Lasso, and Le, soshot I
cooperate with Lessee in such defense. Lessor need not have find paid any son claim in Order to be defended or indemnified.
8.3 Exemption eflessgr and Its Agmis from Whiney. Notwithstanding the negligence or breach of this fease by tessmar Its agents, neither Lessor nor its
agents shall be gone under any circumstances for: III injury or damage to the person or goods. wares, merchandise or other property of lessee, Lessee's employees,
contractors, inydees, customers, or any other person in or about the P,mses, whether such damage or injury Licensed by or results from flre, steam, electlidty, gas,
water or rain, indoor air quality, the presence of mold or from the breakage, leakage, obstruction or other cents of pipes, fire sprinklers, wires, appliances, plumbing,
HVAC or lighting fixtures, at fiom any other cause, whether the said injury or damage results from croa itians arising upon the Premises or upon other pertions fthe
building of which the Premises are a part, or from other sources or places, (fil any damages arising from any an or neglect of any other tenant of Lessor or from the
Mfiure of Leswror its agents to enforce the provolons of any other lease in the prolept or jail injury to Lessee's business or for any loss Of income or profit therefrom.
Instead, it Is intended that lessee's ale recourse in the event of such damages or injury be to fife a claim on the insurance Policy ins)that Lessee is required to
maintain pursuant to the provisions of pamgraph &
8.9 Rtllum to Pmvide insuance. Lessee acknowledges that any failure an its part toohtain or memen the insurance required herein and; expose Lesson.
risks and potentially cause tessorto hoar.=not contemplated by this lease, the extent of which will he extremelydifficult to ascertain. Accwdinglg M, any month
or portion thereof that lessee does not maintain the required Imuance and/ar does oat provide Lessor with the nation l binders Or ce"dficale, evidencing the
Funtence of the mounted Imamate, the Base Rent shall be autamaUcaliy increased, without any requirement for notice to Lessee, by an amount equal to ID%of the
then existing Base Rent ar$100, whichever is greater. The parties agree that such imre use in Base Rent represents fair and reasonable compenation for the
additional risk/casts thatteesur will hour by reason of Lessee's failure to maintain the required insurance. Such increase In Base Rent shall in no event constRute a
waiver of Lessees Default or Breach with respect to the Miime to malmen such insurance. prevent the exercise of any or the other rights and remedies granted
hereunder, oar relieve Lessee of its obiiffativn to maintain the insurance specified in this Lease.
9. Damage O, Dest,acdon.
9.1 Definitfory,
fa) "Premises Partial Damage -shall mean damage or destruction to the improvements on the Premises, other than Lessee Owned Alterations and Utility
Imbilamus, which can reasonably be repaired in 6 months carless from the date of the damage or destruction. Lessor shall notify Lessee in writing within 30 days
from the date ar the damageor destruction as towhether or not the damage is Partial or Total.
jb) "Premises Total Destructon"shag meandamagevr destrurmatto the Premhses,otherthan Lessee Owned ABeagFm and Ubfnylastallidans and
Tade Fixtures, which anmt reasonably W repaired fan 6 manihsor less from the date of the damage or dlaWMon. Lessor shall notify lessee in wrilingwhhin 30
days from she date ofthe damage ordestruction as to whetherormt the damage is Partial or Total.
(0 'Insured Ls' shall mean damage or destruction to lmprmementi On the Premises, other than Lessee Owned Alteratians and Way landamomand
Tade Fixtures,whichwascausedbyaneventrequiredmbecoveredbytheinsuancedesadbedfan Paragraph$3(a),inespe veofanydWuctibleamountsor
coyeage limits involved.
(d) "RePlacementCost' shall mean the cost to repairer rebuild the improvements owned by iesorat the time of the occurrence to their condMan
existing immediately prior thereto, Including demolition, debris removal and upending required by the operation ofApplicabie Requirements, and without decoction
for depreciation.
(a) "Naxardaus Substance Condftion" shall mean the occurrence or discovery ofa coauto.. imadwag thepresenu of, or a contamination by,a
Hazardous Substance, in, on, or under the Premises which requires restoauon.
9.2 Rental Wastes. banned Loss. If a Premises pom, Damage that is an Insured Loss occurs, then Lessor shall. atLessor's expense, repair such damage (bill
Fiat Lessee's Tradel"Wares or lessee Owned Alteadans and Utility installations) as soon as musona6y possible and this Lease shall onHrwe in full force and effect;
provided, however, Mat Lessee shall, at Lessor's afectlear, Make the repair of any damage or destruction the total cost to rapid, of which is $10.000 or less, and, in such
evens lessor sha0make anyapplirabie insuance proceeds available tv lessor on a reasanabie basis for that purpose. Natwi mooding the foregen , if the renneed
insuawe was net in Mrcewthe insuame proceeds are not sufficient to effect such repail, the Insuring Parry, shall promptly contribute the shortage in proceeds
(exceptas to the deductible which Is I(eee'snesponsibfiity) as and when inquire lm complete said repairs. In the event,however, such shortage aasdue to the fact
that, by Mason of the unique nature ufthe improvements, full replacement cost insurance cave age was noteommercfally reasonable and available, Lessorshaii have
noobiigadon to pay far the shortage in insuance proceeds or to fully lesions the unique aspectsof the Premises unless Lessee proyides Lessor with the funds to cover
same, ar adequate assuance thereaF, within 10 days following receipt of written notice of such shortage and request therefor. If Lessor receives sold funds or
adequate aseaance theleofwithin said 10 day period, the pan, respomnble far making the repairs shall complete them as soon as reasonably possibleend this Lease
shall remain in full force and effect. If such funds of assurance are not received, Lessor may nevertheless elect by written nobce or Lt." within 10 days thereafter
fa: 6) make such mstoahon and mpahas is mmmemialiy reasonable with Lessor paying any shortage in proceed, fan which ot
se this tease shall remain tug force
and effect a, till have this tease terminate 30 days lAereafter. Lessee shall not be entitled to reimbursement Of any tends contdhuted by Lessee t0 repair airy such
damage qr tlestrucbon. Premises Partial Damage due to flood or earthquake shall be sabjact to Paragraph 9.3, notwithstanding that mare may be some insurance
carnage, but the net Pmceencif any such insurance shall be made available for the repairs dmatle by either Party.
9.3 Partial Damage-Uniroured loss. If a Premises Partial Damage that is not an Insured Loss occurs, unless caused bea negligent or willful act of Lessee fill
which even[ Lesseeshall make the repairs at Lessee's expense), Lessor mayeither: (i) repair such damage as ram as reasonably possible at Lester s expense, in which
event this Lease shall condom talon farce and effect, or (ii)terminate this Lease by gvingwritten notice to lessee within 30 days after receipt by Lessor of knowledge
of the occurrence of such damage. San termination shall be effecfive 60 days following the dare of such notice. Inihe evem twat elects to terminate this lease,
Lessee shall have the right within 10 days after receipt of the termination notice an give written retire Lessorof Lessee's commitment to pay far the "'pair of such
damage without reimbursement from lessor, Lessee shall provide Lessor with said funds or adsMctary assurance thereof within 30 days after making such
commit e.lit. In such cannot this Lease shall continue in full Mile and effect, and Lessor shall proceed to make such repairs as soon as nOssam ay possible after the
requtredfunds are available. If Lessee does not make the required cnmmiamenq this Lease shall terminate as of the date specified in the teftanoman mUce.
9.4 ToaiDaVudbn.Notwithstanding any other provision hereal, ifa Premise Total Desvuctom occurs, this Lease shall terminate 60 days fallowing such
Destruction. If the damage or destruction was caused by the gross negligence or MUM misconduct of Lessee, Lessor shall have the right to recover L sssorr's damages
from Lessee, except as provided in Paagaph 8.6,
9-S Damage NesrEMaf'Rema. Ifat anytime dam, the test 6 months ofthis Lease there is damage for which themst tOmPair eunialsom manth's Base Rent, whether or not an Insured toss, Lessor may terminate this lease effective W days fallowing the date of occurrence of such damage by gwiog a written
tuldimabon notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, it Lessee A that time has an exercisable
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option to extend this Lease tar I. purchase the premises, then Lrrsse may preserve this Lease hy, lal exercising such option and (b) providing Lessor with any shortage
in insurance proceeds (or adequate assurance th...f) needed u make the repairs on or before the norms of (i) the date which is 10 days after Lessee's receipt of
Lessueswrmon Use purporting to terminate this Lease, or (a) the day prior to the date upon which such option expires If lessee duly exertises such ppbon during
such period and provides Lessor with fortis for adequate muame thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lassoes commercially
reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. 9 lessee fails to exercise such option and
provide Such funds or assurance during such period, then this Lease shall terminate on the data s"Ifted in Me termination notice and lessee's option shall be
extinguished.
9.6 Abatement oFRent lassce's Remedies.
(a) Abatemem, In the event of Premises Partial Wmage or Premises Total Destruction or a Haardous Substance Condition for which Lessee is rut
responslhle under this tease, the Rent payable by lessee forthe period required for the repair moredistom m restoration ofsuch damage,ball be abated in
propoMon to the degree to which lessee's useof the Premises is impaired, but not to exceed the proceeds received ham the Renli l Value insurance. Ail other
abiige6ons of lessee hereander shall be performed by lessee, and Lessor shall have no liability for airy Such damage, destruction, remptluuon, repairorresuacon
except as provided herein.
M) Remedies. if Lessorisobligated[o epairar resWrethe Premises antldcesrutcommence, ina wbstanHal antl meaningful way, such repairor
restoration within 90 days after such obligation shall accrue, lessee may, at any flow prior to the commencement of such repair or restoration, give written notice on
Lessor antl N any leaders of which lessee has actual notice, of lessee's election to terminate this lease on adate not ess than 60 days following the giving of such
notice. If Lessee gives Such rmdce and such fcpahor in Such om is not commenced within 30 daysthereafter [his Lease Commence" shall
mthe date thecifietl In said
notice. tithe repair orrestn Ofhe))commenced within such Plate., this beginninease g
of the actual
workforce
the
erect'Commence"shall oxcum. the, the
unconditional autheriraFon Of the preparation of the required plans, or Me beginning of the actual work on the Premises, whichever firs[ occurs.
9.7 Terming n;Adnnce Payments. Upon termination ofth'sloasepursuant to Paragraph Ufa) or Paragraph 9, an equitable adjustmelK shall be made
concerning advance Base Rent and any other advance payments made by lessee to Lessor, Lessor shall, in addition, return to Lessee so much of lessee's Security
Depmitas haswt been, or is not then required u be, used by Lessor
W. Real Property Taes.
10A Definition. As vsetl herein, the term Wall Prepe t, T.'shall include any form ofassessmad; rexleuate, general, special, ordinary or extahodmary, or
rental levy arax(oth.19mo inheritance, perwnalincome.restate taxes); improvement bond and/or license fee imposed upon arievied against any legal or
equitable interest of lessor in the Premises or the Project, Les es right to other income Merefrom,and/or basset's business of leasing, by any authority having Me,
direct or lntlirectpower to tax and where the funds are generated with reference u Me Building address. Real Property Taxes shall also include any tax, fee, levy,
assessment or charge, or anymcrease therein: (0 imposed by reason of events occurring tiering the term ofthis tease, including but not limited to, a change in the
ownership of [he PremBes, antl lii) levied or assessed on machinery orequipmerdprovitlud by Lessor fo Lessee pursuant to Nis tease,
10.2 Pagrwn[ oFt'axes. Lessorshail PaYMe Real Property Taxes applicable to the Premises provded, however, Nat Lessee shall pay to taswr the amaun4 if
any, by which Real Property Taxes applicable to the Premises increase over the 6=1 her year during which the Commencement Date Occurs ('Tax Increase"). Payment
ofany such Tax Increase shall be made by Lessee N Lessor within 30 days after receipt of Lessors written statement setting forth the amount due and computation
thereof. Barry such trues shall cows arty period of cue priorW or after the expiration or termihation of this lease, Lessee's share of such taxes shall be praate, W
cover only that woman ofthe toot bill applicable to the period Mat his tease is in effect In the event Lessee iecurs a lam Charleroi any Rempayment retention,
estimate the current Real Property Tags, and require that the Tax Increase be paid fo advance to Lessor by Lessee monthly in advance with the payment i fthe Base
Rent. Such monthly payment shall be an amount equal to the amount of the estimated installment ofthe lax Increase divided by Me number of months remaining
Were the month in which said installment becomes delinquent. When Me actual amount of the applicable Ta increase is known, the amount of such equal monthly
advance paymerds shall be adjustad as required to pravide, Me funds needed t. our Me app plane ou im ease, ff the amountcolleRed by lessm,s insuNcmid SO pay
the Tax Increase when due, Lessee shall pry Leswo upon demand, such addiconai sums asae necessary to pay such obligations. Advance payments may be
intermingled with other moneys of Lessor and shall not bear interest. In the event of a Breach by Lessee in Me performance of its obiigatiov underthis Lease, Men
any such advantt payments may betreateJ by Lessor as an adtlitronal5ecvriry Deposit
10.3 Additional bounco omens. Notwithstanding anything to the mntraryM this pamgraph 10.2, Lessee shall pay to Lessor upon demand therefor the encrery
of anyincrwsein Re al Property Tax es assessedbyreason of lassorfonsyrueinty the eecutplaced uponthe yr Me Pobylessee oral lessee's request., hY reason
of any alterations or improvements to the Premisesmatle by Lesor subwquenttothe execution of this lease by Me Parties.
10.4 bird Assessment If the Premises are not separately assessed. Lessee's liability shallbe an equitable Proportion .film Pax Increase Wall of the land and
improvements included within the tax parcel assessed, such mOPOMQA to be mnclusluely determined by Lessorhom the respective valuations assigned in the
assessor's work sheets or such other information as may be reasonably available.
D15 Penopal Property Tas Lessee shall pay, prior to delinquency, all taxes assessed against and lovied upon lassee Owned AltruidN s, Milk, Installations,
Trade Enures, furnishings, equipment and all personal property or lessee. When possible, lessee shall cause its Leem(aernetl Altemeons and Utility tnstaliations,
Trade finures, furnishings, equipment and ail other personal property m be assessed and bitted separately tram the real property of Lessor. Ifany of tesseeb said
Property Mail beassessed with Lessor's real property, lessee shall pay fats., the ton. attributable to Lessee's property within SO days after receipt of a.,MO.
statement setting forth Me taxes appliable to Lessee's property,
11. Milder and Services. Lessee shall pay for all water, gas, heat, light, poem,; telephone, bash dlsprrsal and other offices andservices supplied to the Premises,
together with any taxes thereon. B any such services are not sepaately pretend or billed to Lessee, Lessee shall pay, a reasonable proportion, to be determined by
Lessor, of all charges jointly metered or billed. There shall be no abatement of rear and Lessor shall Out be Gable in any respect whatsoever bribe inadequacy,
SLaPPage, interruption ordiscrommonce of any utility tar service due to riot, strike.labor dispute, breakdown, a.khot repairer othercave beyond Lessor's
reasonable-Otroi or in coaaeredan with governmendl request or directiom,
12. As.1 Leserdard SuWeMng.
32.1 lessors Covent Required.
(a) lessee shall not voluntarily or by operation of law assign, tarsier, mortgage or encumber (collectively,"asslgnorassignmant") or sublet all or any
part of Iessar s interest in this Lease or In the Premises without Lesor's prior written consent.
to) Unless Lessee is a commutator, and its stud is publicly traded on a national suck exchange, a change in the control oftessee shall consctute an
msignmentrein-mag consent The tansfeq on a cumulative basis, of 25%or )more ofthe uofing contra of lessee shall mrobtute a change in mnvol forth), propose.
(c) The involvement oftessee or itsassets in any tansaction, m seriesoftmvacti.ns(by we, of merger Sale, acquisitor, financing, transfer, leveraged
buyout or otherwise), whether or rota formal assignment tar hypothecation of the Lease or Lessee's assets occurs, which results or will resui in a redome. of the
Net Worth of Lessee bran amount greater than 25%of such Net Korth as It was repnowmad at the time of the execution ofthis Lease or at the core of the mast
recent assignment or which Lessor has consented, or as 1t exists immediately poor said trameaction or bansoctions consinucng such reduction, which ever was or is
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greater, shall be considered an avoigrmen, of this Lease to which Lessor maywbhhvltl its consent "Net North Of learm" shall mean the net waM aftessee
(eatluding any guaantors) established under generally accepted atcounfingprinciNles.
(tl) An assignment orsuad pare
ar withoutconsent shall, at tessart Inch n,beaandauitauranit orsubletre per a mocaphi3lreah,assor ra ¢Breach
without the —AY If anynodce and gmcepeaod. R teswrelects to treat such unapproved assignment for subletting as a noncurabb Breach, Lessor ran either (i)
terminate this Lease, or (Ti) upon 30 days written notice, increase the monthly Base Rent to 11" ofthe Base Rent Men in effect. Further, in the event of such Breach
and rental adjustment, (i) the purchase pace of any option to purchase the Premises held by lessee shall be subject in similar adjustment to 11o%a the pace
pnwbusly in efforL and (d) all fixed and non -fixed rental adjustments scheduled during the remainder of me tease tong shall be increased to 13(f%of the scheduled
adjusted rent.
(e) Lessee's remedy for any breach of Paragraph 12 i by Lessor shall be Rmited to compensatory damages and/orinjunctive relief.
IT) Lessor may reasonably withheld coastal to a proposed assignment or subletting if lessee is in Default at the fime consent is requested.
(g) Notwithstanding the beeping, allowing. de mmimis portion of the Premises, ie 20 square feet or less, to be used by a third party vendor in
ce meandon with the installation of a vending machine or payphone shall not constitute a subletting.
12.2 Teams and COMitiom Applicable taAssignment and Subletting.
tat Regardless dWS-1"com"IL M assignment for i.11letarg shag :hl be eflerfive without the PJram. wrigen a grap6ag by such..igime Or
sublessee of the abggadons for Lessee untler this Lease, (.I) release Lessee of any obligations hereunder, or gii) alter the primary liability of lessee for the payment of
Rent or for the performance of any other obligations to he performed by Lessee.
(b) Lessor may accept Rent or performance of Lessee'soblfgafions from any person other than Lessee pending approval or disapproval ofan assignment.
grant,a delay in thea,.[or disapproval of such assignment not the acceptance of Rent or performance shall mnaboto a waiver or estoppel of Lessor's right to
exercise IU remetlbsfor Leswe's Oehultor Breach.
(c) lesser'Sconsentto any asognmentarsubietdng shag not constitute a consent to any subsequemmaignment orsubboing.
(d) In the event of any Default or Breach by Lessee, Lessor may Informed directly ageing Lessee, any Guarantors or anyone else responsible for the
performance of Lessee's obligations under this tease, including any assignee or sublessee, without first confounded Lessor's remedies against any other person or
entity responsible therefor to Lessor, canonry secursryhed by lessor.
(el Each request formnsent loan assignment at subletting shall be in wrmng, accompanied by information relevant to Lessar's determination as to the
Financial antl oPeaummIl numonsibiiky aad appropriateness of the proposed assigneeor sublessee, including but not limited to the intended use and/or required
modification of the Premises,HBO,, together with a fee of SSW as consideration for Lessor's conscering and processing said request tesueagrees topmvitle lessor
with such other or additional information and/or documentation os may be reasonably requested. (see also Paragraph 36)
If) Any assignee of, or sublessee under, this lease shall, by reason ofacceptingsreh assignment, entering intosuch subteen., or entering into possession
of the Premises or any portion thereof, be deemed to have assumed and agreed an oformaad comply with each and every term, cormant, condition and obligaban
herein to be Observed or performed by Lessee during the term of said assignment for sublease, other than such obligations as are contrary to or inconsistent with
paoakbns of an assignment orsublease to whkh Lessor has specifically consented to in willing.
(g) Lessor's consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease
unless such transfer is gum ficaliy consented to by Lessor in writing. (See Paaegmpb 322)
12.3 Additional Terms and Contlitbns Applicableas Subletting. The bltawmg teams and conditions shall apply to any subletting by Lessee of ail or any part of
the premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein:
(m) Lessee hereby assigns and transfers to Lessor all of Lessees interest in all Rent payable on any sublease, and Lezwr may collect such Pent and apply
same (award Lessee sighayg es, under this Lease; provided, however, that undl a Breach shall occur m the performance of Lessee's obligations, Levee may collect
sad Rent.Inthe event that the amount collecbd by Lessureaeeds lessfe's then outstanding obggadonsanysuch excess shall be refunded to lessee. Lessor Mall
not, by reason of the bregning or anyavign mind Of such sublease, nor by reason of the mllechog of Rent, be deemed liable to the sublessee for any failure of Lessee
an Perform and comply with any of Lessee'sobiigatinns Mourn sublessee. Lessee hereby irrevocably authoan=sand Jiretts anYsuch sublessee, upon receipt of a
written notice from Lessor staring that Beach exists in the performance of Lessee's Obligations under this tease, to pay to longer all Rent due and b become due
under the subbase. Sublessee shall rely upon arty such notice from lesser and shag pay all Rents to Lessor without awry ablapoon or right to inquire as to whether
such Breach exists, notwithstanding any claim from Lessee w the contrary.
lb) In the evented a Breach by lessee, lesmr madatIts opmmmquire sublessee to altar. to Lego, in which event Lessor shall undertake the
obligations of the sublessor under such sublease from the dmeof the f anboof said Option tome expbalbn sfsuch sublease: amended, however, Lessorshan notbe
liable dr any prepaid rents Onagnhydepositpaidbysuchsublessee such le.shalt ]. diner ecragsor (reaches oFsuch sublessor
to) Any matter requlringttm -minor If the sublessor order. sublease shailalso quite the consent of lessor.
(d) No sublessee shall further avign or suble[all or any partof the Premises without Lesor's priarwritten consent.
(a) lessor shall deliver a may of Invention Of Deiaull or Breach by Lessee tothe sublessee, who shag haethe aghtte cvrethe Default Of Lessee within
the grace period, if any, specified in such tmdce. The sublessee shall have a right of reimbursement aad offseufmm and aping Lessee anany surd Defbuhs cored by
thesubiessee.
13. Defaulfi Breach; Remedlex.
I3.1 Dehulp Breach. A "Dehuk"is defined as a failureby the lessee to comply with or perform any ofthe terms, covenants, coMifions or Rules and
Re.1ti ations under this tease. A "Breach' is defined as the Occurrence of one or mom of the following Defaults, and the failure of Lessee to cure such Default within
anyapplimble game period:
(a) The abandonment of me promises, or the varafing of the Premisas without prwding a commercially reasonable level of security, or where the
coverage of the property insurance described in Paragraph 8.3 is jeopardized as a result thereat or without providing reasonable assumnres to minimize potential
vandalism.
(b) The future of lessee to make any payagai pentmany Security Deposit required to be made by Lessee hereardcq whether to Lesser art. .third
parry, when due, M provide reasonable evidence of insurance or surety bond, or to fulfill any abggodvn under this Lease which endangers for threatens life or
property, where suchhllaue mndnues (fora period of 3 business days tollmving written notice to Lersee. THE ACCEPTANCE BY tESSOROF A PARTIAL PAYMENT OF
RENT OR SECURITY DEPOSIT SMALL NOT OC NSTttttIE A WAIVER OF ANY OF LESSOR'S MGM INCLUDING LESSOR'S RIGHTTO RECOVER POSSESSION OF THE
PREMISES.
(c} Thefailure of lessee[o allow lessor anJ/or its agents access loth¢ Premisesarthe mmmissianafwaste, odor acts canstimdng public orprivate
nuisance, and/or an illegal activity an the Premiwsby Lessee, where such allonicoaafinue bra period any business days followingwrkfen notice to Lessee. In the
vent that Lessee mmmils waste, a nuisance or an Illegal activity a second time then, the Lessor may elect to treat such conduct as a rmn-aurdbie Breach rather than a
Default
lllfl-/
/(d) Thefailure by Lessee to Page 9 of 16
inedelt)reasonabiewriftin endenceofmmpluo. with Applicable Requirements, lit) theserocemobacts,(1ii) the
FL
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LD 2017AIR CRE. All Rights Reserved. STG-27.20, Revised 11-01-2017
rescission of an unauthorized assi ernenmr subleding, (ivl an Estoppel Certificate or financial statements, (vl a requested submdinatlon, (el) evidenceconce ong any
guaranty and/or Guarantor, (via) anychm amen requested under Paragraph 42, (viii) material saklydata sheets 04SW), or (Ix) arty 0hardocomentadon or
Information which Lesser may reasonably require of lessee under the terms ofthis Lease, where any such failuremntinues fora period of 10 days folknomg written
nitre to lessee.
(el ADefault by lessee as to the home,ceveremb, countries or provisions of this tease, or ofthe rules adopted under Pampeph 40 hereab other Nan
Nose tusaibu in subparagraphs ch the), an 30 dame, where such Default continues fora period eB0 days after written noire; provided, howevee ncer
Nenatureof Lessee's Defaultissuch Natmore Nani days arereutes suc asonably requiredomitscore, Wen itshall notbedeemed tobeaBreach ittesseecommerrces
such cure within said 30day periM au Hereafter diligently prosecutes such cure to completion.
(f) The opurrence ofany cousin toliowoorooThis:filth. ookingifinygencridwrangereent arassbernmot for Nebenefit of.ditisrs, lilhemmfnga
"debtor" as defined In 11U.S.C. § 101 or anysuccenor stank, thereto (unless, in the Carlini petition filed against lessee, the same is dismissed within occurs), fill)
theapppintment -in triumeerrepeiver louder possession of substantiallyall of lessee'sassets located at the Monies or of lessee's interest lothis tease, where
possession Ls cot restored to Lessee within 30days; or livl the attachment, execution or other judicial name of subnancially a I of [¢ssee's assets Located at the
PremBes or of Lessee's interestm this Lease, where such seizure is not discharged within 30 Jays; provided, however, In the event hat any proonston of this
subparagraph is contrary to anyapplicable law, such provision shall be of no force oreden, and not afect the validity of the remaining provisions.
Ie) The discovery that any Martial statement of Lessee of of any Guarantor given W Lesser was materially false.
N) Ifthe performance of lesseehobllgatians under this Lease isguamnteed: (if the death of a Guarantor. fill the Nomination of a Guarantees liability
with respect to this lease other than in accordance with the terms of such guaranty, (fill a Guarantees becoming insalveot or the subject of a bankruptcy film& (N) a
Guarantees refood to honor the guamnry, of (v) a Guarintor'sbreach of Ibgumonry obligatlan on an anticipatory basis, and Lessee's fadure, within 0 days following
written nonce of any Sucl, event, to provide widen aftemanve assurance or securitg which, when coupled with the then round" resources of Lessee, equals or
exceedsthe combined financal resources of Lessee and the caaantors that etjeed at the time of execution dthis Lease.
13.2 gemill If lessee (akin perform any of its affirmative, dudes or oinipsuons, within 10 days after written nonce (or in case plan emergenry, without
notice), Lessor may, at haopnon, perform such duty orobliption on Lessee's behalf, Including but not limited to theabaining of reasonably required bonds,
msumnce parities, orgmuernmenwi licenses, permits or approvals. lessre shall pay to Lessor an amount equal N 115%afthe cmellmd exponses incurred by Lessor
In such performance upon receipt of an invoice therefor. In the event of a Breach, Lessor may, with or without further notice at demand, and without limiting Lessor
in the exerrise of any right or remedy which Lesser may have by reason ofwch Breach:
(al Terminate Lone"light Npossessionof the Premises by any lawful means, in which case this lease shall terminate and Lessee shall immediately
somenderpossessionto Lessor. In such event Lessor shall be entitledtorecover from Lessee: (1)the unpaid Rent which had been earned at the time afterminatlon;
(B) the vicarial the time of award of the amount bywhich the unpaid rent which would have been earned aftertennination until the Me of award evreeds she
amount of such rental loss that Me lessee proves could have been reasonably avoided; (iiil the worth at the time of award of the amount by which the unpaid rent for
thebalance oftheteate Lenox Hme ofawardexceeds Ne tely caafsuch rentallass Natthe Lesseeproves countbereawnablyaoided;andich anyotheramount
necessaryto compensate Lessor Ivrall Me detriment pmsimately caused by Ne Lessee's foliate to pedorm its odigaHans under this Lease or whip in [he ordinary
course of lhirporould he likelyto nowltther,&om, including but not Ilmitedto the cost of rernvedng possession ofthe premises, open,es, reftd,g, including
necessary nonvadon and afternoon of the Premises, reasonable attoneys fees, and Nat pardon of any leasing pmmission paid by Lessor in connection with Nb
Lease applicable to Ne mounted term of this lease. The worth at Me Hmeof award all amount referred M in provision (III)of the immediately preceding
sentence shall he computed by d'bcounnng such amountat thediscount aloof the Pueai Reserve Bankofihe Oistritt within whichthe Premises are Wcatetl at Ne
time of award plus one portent. ERprts by Lessor to mlfigate damage, ..led by Lessee's Breach of this lease shall not waive Lessees right W recover any damagesto
which Lessor fs Mb Nedw eMitied. If Nomination of this tease is obtained through the provisional remedy of unlawful detabo r, Lessor Mail have the right to recover
in such proceeding any unpaid Rental damages as are recoverable therein, or lessor mayreserve the right Nrx ,all or any part thereofin a uppmp,, su4. If.
rack, and gate nomad required under Paagraph U.Swat not previously given, a nonce W pay our or quit, or to perform or quit given to Lessee under the unlawful
detainer saute shall abp mnstitefe the notice required by Paragraph 13.1. In such cote, the applicable grace period required by Paragraph n.1 and the unhwfui
deNmer statute shall run mocurrontly, and the failure of Lessee to cure the Default within the greater ofthe two such grace periods shall portable, bath an unlawful
defamer and a Breach of this Lease en0tgng lessor Nthe remedies provided for in this lease and/or by aid statute.
M) Conunuithe Lease andtessee's rightte possession and musverthr,Rent as it becornesdue, in which Meet Lessee may sublet or assign, subject only
to reasonable the
Lessee Araratmaintenance, eRorts to relec, antl/or Lisa appointmentof a receiver m protett the tondos interestr, snail notpnsHute a
nomination of the Lessee's of N possession.
it) Pursue any other remedy, now Or hereafter available under the laws or judicial decisions of the state wherein the Premises are boated. The explralien
ortermmatian of this team and/or the termmomm of Lessee's right to Possession shall not elderly Lessee from liability under any Indefinby provisions of this Lease
as to matters occurring or accruing during the term hereof or by reason of Lessee's occupancy of the Premises.
13.3 Inducement Reop amp. Any agreement for fine orabated rent or othercharges, the frstof tenantimpmvements for Lessee paid tarot performed by
tenor, or for the giwo,ca paying by lessor to 01 tar Lessee of any cash of other bonus, inducement or consideell for Lessee's entertng into this Lease, all of which
concessions are hereinafter referred was "Iuucemend Pmv'bianzj shall he deemed conditioned upon Lessee's full and hithful performance of all of the terms,
covenants and couitions of this Lease. Upon Breach of this teasels, Lessee, anysuch Inducement Provision shall inamomoally be deemed deleted from this lease
and of no further force oref old, and any rent, other charge, bonus, inducement inconsideration theretofore abated, given or paid by Lessor under such an
Inducement provision shall be immediately due and payable by Lessee to Lessor, nohvdhstanding any subsequent cure of said Breach by lessee. Theacceptance by
Lessor of rent at the cure of the Breach which mucatu the operation of this paragraph shall owl be deemed a waiver by lessor of the provisions of this paragraph
Orion specifically so Stated in writing by tenarat the time ofsuch acceptance.
13.4 Late Cheglvs. lessee hereby acknowledges that late payment by Lessee of Rent will cause Lessor to incur costs not contemplated by this Lease, the exact
amount of which card be enremety d'rfficult to aueftain. Such costs intrude, but arermt limited to, processing and accounting charges, and late charges which maybe
imposed upon Lessor try anyteader Accardingty, if any Rent shall not be received by fond "bin 5 days after such amount shall be due, then, without any
requirement for coup to Lessee, Lessee shall immediately pay to Lessor a onetlme late charge equal to 10%of each such overdue ampaM or $100, whichever is
greater'. The Parties hereby agree Nat such late charge represents a fair and fasonabie estimate ofthe pats Lessor will incur by reason ofsuch late payment.
Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with fe mact N such overdue amount, nor prevent the
or emse of any of the other rights and remedies granted hereunder. In the Olen t that a late charge 6 payable hereon din, whether or not collected, for consecutive
installments of Base pent, the. notwithstanding any provision of this Lease N the contrary, Base Rent shall, at lessor's option. bepme due and payable quarterly in
advance.
135 torest. Any monetary payment due Lebor here under, other Nan late charges, not received by tenor, wlien due shall bear interest from the 3=day
mfook due.Theinll=O"IOftawd") charged shall be computed at the ate of l0%pef annum but shall not exceed Me maxi mum rate allowed by law, interest is
payable addiponto the pMentat late charge provided far in number ph h 13.4.
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13.6 RRMh by Lessor.
(a) Natice&UB h. Lesmrsballumbedeemedin breacirofihis Leaseaniess L¢ssarhilswithin areasonable timetoperfartnanabligatlan required to
bel edormed by Lessor For purposes afthis Paragraph, a reionable dmeshall In or event be less than30 days a@er receipt by Lem, ant zny Lenderwhose name
andedgesm shall have been furnished to Lessee in wifiing fur such purpose, of wmten notice specifying whereinsuch obligation of Leswr has not been performed;
Provided, however, that if the nature of LesmrioblLporm is such that mare than 30days are r P'rdYmg required fonts pgetrUd of Le, then Lessor shag not be in breach "rf perhrmame is commencedwMin such 30 tlay period and thereafter diligently pursued to mmpl Lim,
(b) Performarearbylessmongehalfnfiessor. In Me ektatthat neither lessor nor trader cures wed breach within 30 days after receipt afsaid notice,
of if having commenced said cure they do not cringed, pursue it to rnmpleffon, then lessee may elect to to said breach at lessee's expense and offset from Rent
the attual -ad mamnable cast M perform such to, provided however, that such offsxt shall Pat ex,ad an amount equal to thegreamr of one dough's Base Rem or
the Searity Depos@, reserving Lessee's right a seek mimbursement From lessor faros, such expense in ettessof such oRml. lesseeshdi damment the cost ofmid
cure and supply said documentation to lessor -
14. condemrmtbn. R the Premises or any portion thersofare taken under be power efeminent domain or sold under the threat of Me manses, afraid power
(mllrcdvo1,-CondemnaEon`l, this Lease shall terminate as to the part taken as of Me date the condemning authority takes title or possession, whichever first occurs.
If more than IM of the Rending, or more than 25% ofthat portion of the Premises not occupied Evan, building, is taken by Condeamatfan. Lessre may, at Lessee's
option, to be exercised in writing within 10 days after Lesser shall have given Lessee written notice ofsuch taking (or in the absence of such defice, within 10 days
after the condemning authority shall have taken possession) terminate this lease as of the date the condemning authority takes such possession. If tosser does not
terminate this Lase in accordance wbb the foregoing, th6l¢aseshall remain in full forte ant eRxkas eo the portion oFihe Premises remaining, except that Me Base
Rent shall the induced in proportion to the reduction in uti0ty of the Premises caused by such Condemnation. Condemnation awmrh and/or payments shall he Me
property of terror, whetber such award shall be made as compensation tar diminution in value of the leasehold, the value of the part taken, or far severance
damages; provided, however, Mat Lessee shall be entitled to any mmpenmtian paid by the condemnor for Lessee's .[.due cridem es, bss of business goodwill
and/or Trade Forams, without regard to whether at not this lease is terminated pu.out to the provisions of this Paragraph. All Almoulu ns and Uhlfty Im onfini ons
made to Me Premises by Lessee, hr purposes of Condemnation only, shall be considered the property ofihe Lessee and Lessee shall be edfiped M any and all
compensation which is payable therefor. in the event that this Lease is not terminated by reason afthe Cordemnadan. Lem, shall epieran, damage to the
Premises caused bysuch Condemnation.
15. Brokerage Seas,
15A Addifionai commission. in atltlition to the payments awed Prsi ont to Paragraph 1.9 above, Lessor agrees than (a) ff Lessee mar,ises any Option. M) if
Lese¢or, anyone affiliated with Lessee acquires any rights to the Premises Or Me, premises owned by lam ... d loaded within be same Project if any, within
which the Premises is located, (C) 0 Lessee remains in possession of Me Premises, with the comet of Lesson after the expiradon of this Lease, or (it) if Rose Rent is
increased, whether by agreement car -Room. of an escalation clause herein, Men, Lessershalt pay Brokers a form moradance with the tee schedule of the Brokers in
effect at the time Me Lease was executed.
15.2 Assumpttan ofO llga6om. Any buyer or transferee of Lessor's interest in this Lease shall be deemed to have, assumed Lessor's obligation hereunder.
Rakers shall be third parry beneficiaries of Me provisions of Paragraphs 1.9, 15, 22 and 31. If lessor fails M pay to Brokers anyanumm, due as and for brokerage fees
Pertaining to this Lease when due, then such amounts shall accrue Merest in addition, R Lesmfails to pavan, amounts to Lessees Rather when due, Lessee's
Broker may send written notice a Lessor and Lasser, ofwch failure and if Lem, falls to pa,such amounts within 10 daysifteor.,it notice. Lessee shall rev said
monies to its Rower and offset such amounts against Rent. In addition, Lessees Broker shall be daemon to bea third party beneficiary of any commission agreement
entered into by and/or between terror and Lessor's Rinker far the limited purpose of coilecdng any brokerage fee owed.
15.3 Repremntatbm and lydemnitlrS of Broker Reladamhips. Loss¢eand Lessareach represent and warrant to the other that it hashad nodeoings with any
person, Arm, baker or Rader (other Man the Bathers, if acre) in connection with this Lease, and that no one other than card named Makers is entitled to arty
commission car Anders fee in connection herewith. Lessee antl Lessor to each hereby agree to indemnify, prated, defend and told the other harmless from and
against liability for compensation or charges which maybe claimed by any such unnamed broker, finder or other similar party by reason ofany dealings or actions of
the indemnifying Patty, including any fasts, expenses, attorneys' lees masanabiy incurred with respect thereto.
16. Estapyel Certificates.
(a) Each Party (as"Respording Party-) shall within 10 dads after written notice from Lie other Patty(the "Requesting Party") execute, acknowledge and
deliverto Cite Requesb io Pattyo statement in writing be
hmr usably reo the then most current °Estoppel Certificate" farm published BVAIRCRE, plus wcM1 additlonai
information, canfirmanan and/or statements as may Er, reasonably requested by the RequestinS Party
(b) Ifthe Responding Party shall fall to execute. deliver the EstoppelCertifiale within such la day period, the Requesting Party mayeaecute an
Estoppel Certificate stating that (1) the lease is in full form and effect without frodificadon except as maybe represented by the Requesting Party, fill there ate rat
uncured defaults in the Requesting Party's performance, and tiff) if Lessor is the Proceeding Party, not more Man one march's rent has been paid in advance.
EfOqundye purchasers and encumbrances may rely Upon the Requesting Patty's Estoppel Certificate, and the Responding Party shall be estepped from denying the
truth of the facts contahmd in said Certificate. In addition, Lessee acknowledges that any tangle an its pan to provide such an Estoppel Certificate will expose Lessor
to risks and potentially cause Lemito mr.11Ad s not contemplated by this Lease, the extent ofwhich will he extremely difficult toasara in. AuaNingly shoultl the
Lessee fail a reaction and/or deliver a requested Ettabnod Certificate in a dmelyf n,hum Me monthly Base Rentshali hemconso Uall, increased, wRhoutarq
requirement for notice to lessee, be cos amauntequal to 10% of the then existing Rase Rent or 51W, whichever is greater for remainder of the Lease. The Parries
agree that such increase in Rose Rent represents fair and reasonable compensation For the additional nfk/rnsts that tesmr wig incur by reason of Lessee's failure to
provide the Eseppel Certificate. Such increase in Bam (lent shall in na event constiNtea waiverof Lessee's Default car 8reachwi(M1 respett rottre failure to provitle
Me Estoppel Certificate rmf Prevent Me nmrnse of any offs a other rights and remedies granted hereunder.
(c) erto ardeminod lnderor urbaser designated
Premises, car any part thelea[rameneantl as bematorssha0within by
such fterwrcur psabre
from lessor deliver to anypmential lender orpurchaser designated by terror such financial statemenesas maybe reaonaby requiretl by such knderw purchaser,
including tau[ no[Rmitetl M lessee i financial statements for the past 3 years. ALisuch financial statements shall be received by I¢Smr and such lender or purchaser in
confidence and shall be used only for the purposes herein set fort,.
17. Cognition of Lessor Tbe1erm"Lessor"a5usedhmcdaMaL1mean Me owneror ownersa[llre timein question ofMefee title to the Premises, or, if this isa
sublease, of the Lessee's interest in the pritolease. In theeventof a transfer of Lessor's fide oriRc rest in the Premises or this Lease, Lessor Mail deifverto the
lansfereeh OfferrLefin anttreycredit)arty unused Seardytanet Wtherbylessor.-pan such ttamfer orashis Lease andd¢Ifve t oft he Sermid by the ,as
ahresaid, the prior Cesar shall tar relieved oFall liability with respett ro the oblgations andfor cavenan¢ under this Lease Ih¢reafter to be performed by the Lessor.
Subject to Me hreilaft Me obligations and/or awonanis in this Lease to be pedormetl by the Lessor shall be binding only upon the Lessor as handriabover defined.
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AS
®2017 AIR CRE. All Rights Reserved. STG-27.20, Revised 11-0I-2017
10. Snembility. The ifteSdAyaten, provision of this teas,as determined by a wort ofwmpetenriwissietlon, shall in no way affect the veikiiry of .,Other
provision lumaf.
19. Days. Vniess otherwise spedficallyintliated weh¢contnry the word"brays°as Used{n thislcam shall meanand Ailmtaalendardaya.
20. Umibtion an lTabllity. The obiigatloe of Lessor under this Lease shall not constitute personal obligations oftMsgq or its partners, members, direttors, officers
or shareholders, and lessee shall look to the Premises, and to no other assets of Lessor, forthe satisfaction of any liability of te.wr with resWa to this Lease, and
shall not seek recourse aping lesson partners, members, directors, officers or shareholders, or any of their personal assets for such Pedsfaction.
21, Thneof Esserrz➢nse is of theessence with respect to the Performance of all obiige9ons As be performed mobserved by the Pares under this tease.
2L NOPAorw OtherAgreaments;omker DlsdaimeC This Lease contains alfagreements between the Parties with respect to any mated mentioned herein, and no
other prior or contemmnneous agreement or understanding shall be egecgv¢. lessum.nd Lessee each represents and warrants to lye eskers Nat R has made, and
is relying solely upon, its awn hAetgpgJon as to the nature.qoalitY, character and finandal eursio delity of theother Party to this Lease and as to the use, nature,
quality and character of the Premises, emkers have no m4mmubilRy with respect thereto or with respect to any default or breach hereof by either Parry.
23. Not!..
23.1 Notice Requirements. Alt notices mquired orpermeled by this tease or applicable law shall be in writingand maybe delivered In permn (by hand or by
courier{ ar maybe sent by regular, certified m regi#ered mail or U.5. postal 5ervtte Eapress Mail. with postage prepaid, er byfacan ile nansmis n.A or by email, and
'ball be deemed suRtientty given Rserved in a panne, goofied in this Paragraph 23. The adtlrcsses noted adfzwn to a Party's signature on this teas¢ shall be that
Paling address for delivery «mailing of notie ss. Either Party eaaY re't a en nodte to the other Alan, of ai a different adtlresshal notlw,curre tly transmitted
r upon lessee's
takingpossessis2 ofthe Premises the Pre m"shallbmeWte Lessee'saddress bMein .ibng.of ail rmdces to Loeser be concurrently transmittedro such
party or ponies at such addresses as lessor may tmm Gme to Gnsehereaker designate in writing.
23.2 Date allotke. Any notice sent byregi#emd or certified mall, return receipt requested, shall be deemed given an the data of delivery shown on the
receipt aid, or If no delivery date is shown, the postmark thereon. If sentby regular mail [he nonce SM1ail bedeemed given R hoar' aftwthe same is atltlressetl az
required herein and mailed with postage prepaid. Notices delueetl by United States Express Mail or avemight courier that guannteee next bray delivery Mail be
deemed given 24 hours after didwrieaf the same to the Postal Serviceor courier. Nokcesdelivered by hand, or transmitted byfacslmile tmmmiwon or byemali
shalt be tleemed delivered upon actual receipt If notice is received on a Swordayy. Sunday or legal holiday, it shall be deemed mceivetl ou the next business day.
24. Waiters.
(A) No waiver by LesssroFthe DefaWt or Breach of airy term, covenant qr wndieon hereof by Lessee,shot{be deemedawaiver of any oNerterm,
.put or candiden hereof, or of any subsequent Default or Breach by Lessee of the same at of airy other term, Covenant or condition hereof. Lessor's consent to,
the
shall estoppel
to mimrender unnecess, p.Iobtainingoflase{ smnsg ch or approval of anysubsequent or similarad kY Lessee, ar be
construed as [hebazis start a#oppei toenforze ehepwvision or provisions of this lease requiringsuch consent.
(b) The aw¢ptance of Rent by lessor shalt nolbeawatverof any Default or Breach ky Lessee. Any payment bylesse¢may be awep[etl try lexoran
accountpf monies or damagestlue lesson nolwtthrtand(ngany qualllyingsia[ements or wndRions made by Lessee in connection ihemwdh, which such statements
and/or wn(r) THE AGREE
eTHAT,eTHE
ffect whatsoeOvPerTHIS
LEAless SE SHALL GOWM WILD REGAleOALL MATTERS RELATED
e1HoEfRdFeTpOosAitND HEREBYWmAeIntVE.
THEPROVISIONS Of ANY PRESENT OR FUTURE STATUTE TOTHE MEW
THAT
SUCH STATUTE 6INCONSISTENTWITH THIS (FAUE. 25. p"nclosures ftegartlinglhe Nature afa Heal Estee AgenryitefakorssM1ip.
(a) When entering into a diHunion with a mat estate agent r¢garding. glestate t2rt0cGOq 0 Lesserar Lessee should funthe ousont m cbestand
what type -instance relationship or reromPO eatian it has with the agentorag¢nts in the Usnsactum. lessor and Lessee acknowledge beingadAwd by the Brokers in
this transaction, as b0awse
(I) lessor'sAMAR. ALewer's agent order. listing agreement with the leigr acts as the agent for the Lessor only. Atessnesagentorsubagent
has the WI.Ing affirmative obligations: At the Lessor. Afiduciary duty of utmost rare, integrity, honeM. and loyalty in dealings with the lessor, T2 Lhe Qwe and
beef, SH Diligent exerttse of reasonable AIR, and ore in Wg0 manor of the agent's duties. (III A duty of honest and fair dealing and good faith, (d Aduty to
diwbse all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention cord
observation of, the Parties. An agent is not obligated to reveal m either Party any confidential information abtalnetl from the other Parry which does nut imobve the
affirmative duties set forth absent.
IT) L.SAoevi An agent cansuinm to a¢tas attentive the Lessee only In these situations, the agent¢ not the tessmsagent, even The
agreenren[the agent may receivewmpeAwtion for services rendered, either in fidl or in panfrom the lessor Anagent acting Only for a Lessee has the f showing
affirmative obligations. To Wetessee: Afiduciary dory of utmp# are, Inlegnty, hanesry, and IoyaRY in dealings with the Lessee, To th¢tessee and the Lessor. (a)
oiTigent exertlse -treasonable skillsand are in performance of the agent's dutles. fRA duty of honest and fair d"Iingaud good faith. (CIA duty to tlisctose all fads
known to the agent materially affecting the value or lui imbility of the pepedy that are not known IT, or within the diligent attention and observation of, the Parkes,
An ,At A not abBgested to reveal to either Pan, any mnfitlendal information obtained from the other Party which does not minutes the affirmakve dudes set torth
above.
Did agent gewesmk'rMBMhtoss, andt . Arealestateagent,either acting direttgb iymosmuoneor mare assadate licenses, can legal, be
Me agent of both the Lessor and the Lessee ina transaidws, but only with the knowledge and consent of bath the Lessor and the Lessee. In adual agency situation,
the agent has the following aM..Uw sbfigakons to both the Lessor and the Lessee: (a)A fiduciary dory of utmost are, integr'ttg honesty and loyalty in Medealusi s with either Lessor or the Lessee. (bl Other dunes to the Lessor and the Lessee as stated above to Whpangnphs (if or (it). In representing both lessor and Lessee, the
agent may, not without the express permission of thee. dre Parry, disclose to the other Party that the lessor will accept rent in an amount less than that fabricated
to the listing or that the Lessee iswilling to pay a higher met than that offered. The above dudes of the agent Ina col e#ate tram amen do not relieve a Less, or
Lessee from the responsibility to pentecttheir own interests. Lessor and Lessee should carefully read all agreementsta assure that theyadequately express their
understanding pf the transaction. Areal elate agent Is a person qualified to advise about real estate. Iffegal ar tax advse isdesimd, mnsuft a wm"wnt
prafessionai.
HR �Rrokershave no responsielffy with respect to any default or breach hereof byeither Parry. The Nmesagmp. hatnolawsuitorotherlegai
proceeding {mowing any breach of duty, wear or emission mlawg As this Lease may be bmught aping Broker more than one year after the Start Date and that the
liability (Inducing on costs and littoma,u' kesl. ofany Broker with respect to any such lawsuit and/or legal proceeding shall not gamed the me received by such
Mellor porsormt to His team; Pon ided, hawevec that he foregoing limitation an each erokefs liability shall not be applicable to any gross negligence or willful
Wmu
of such Broker.
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It) Lessor and Lessee agree to identify m Brokers as"Confidential^any comro,odman or information
be mnfidemal. given Brokers that Is considered by such Partyio
2G NO RightTO Held.. Lessee has an night o semi. possession of the Premiae5 or arty pan thereof beyond the expiation er termination of this lease. In
event that Lessee holds over, then the Base Rent shall be increased m Z(rSf Of the Base Rent applicable immediately prereding the expiatlon or termination.
NaWover Base pent shall be alcutatetl an monthly basis. Nothing mntaMed herein shall be canA.Uetl as consent by lessorto arryholtlingover by Lessee.
27. Cumulative Remedies. No remedy or election hereunder shall be deemed evc]usive but shall, wherever Possible, be cumulative withal] other m,d,m,,aw or
in equally.
28. Ctuerants ate[ondieans:Corssvuctian aFAgreemenL All poglanso(this Lease to be thirteen or performed by Lesseeam both covenants and courpians.
In construing this Lease, all headings and titles are for the convenience of the Parties Only and shall Trot he considered a part of this Lease. Wherever reunited by the
context, the Simon.. shall include the plural and dce versa. This tease shall not be constmed as ff prepared by one often Parties, but mtheraccoming m its fair
meaning as a whole, as if both Parties had prepared it.
n- Binding Effeet;tl Pico of Law, This Lease shall be binding upon the Parties, their persona] representatives, successors andassigns and be governed bythe laws
aline State in which the Premises amfoated. Any litigation between the Parties hereto concerning this Lease shall be initiated in fire county in which the Premises
are located.
3a. SuboMinabem AtmmmeM; Non -Disturbance.
30.1 Sub er inatbn. This Lease and any Option granted hereby limit be subject and subordinate to tarry grouts lease, mortgage, deed of trust, Or other
hypotheamn or security device (mikdively, "Security Deyice^), now, hereafter Placed upon the Premises, to any and alladyances made on Nesemdty thereof,
anal to tag renewals, mediigdous, and extensions thereof. Lessee agrees that he holders of any such Security Devkes(in this Lease together related to as 'Lowder")
shag have nO liability Or Obligation to Perform any Of the obiigaeom oftessor under this Lease. Arty Leona, may elect to have this Lease and/Or any Option Boned
hereby superior m the lien of its Security Device by giving written notice thereof to lessee whereupon this lease and such Options shall be deemed prior to such
Security Device, notwithstanding the relative dates of the dowmentagon or recordation thereof,
30.2 ANommen, In the event that Lessor transfers tine to the Premises, or the Premises are acquired by another Winn the foreclosure or termination of a
security Device to which this Lease is subordinated (i) Lessee shalt, subject to the iron-0isturbance provision of paragraph m,3, attarn m such new owner, and upon
request enter into a new lease, containing all of the terms and Provisions Of this Lease, with such new owner for the remainder of the mire hereof, or at the election
ofthe new cone, this tease will aummaUalty he. a new lease between Lessee and such new owner, and fiil lessor shall thereafter be relieved of any further
obligations hereunder and such new owner shall assume all of Lessor's obligations, except that such new owner shall not hi he liable for arty ad or omission of any
Prior lessor or with respect m events occurring prior m acquisition of Ownership; (b) be sublert to any offsets or defenses which Lessee might have against any After
lesson (c) be bound by prepayment of mere than one mordh's rent, Or (d) he liable for the return of any security deposit paid to any prior lessor which was not paid or
credited to such crew owner.
30.3 Ham-Oistmbarrce. With respect to Security Devices entered into by Lessor after the execution of this Lease, Lessee's subordination of this Lease Shall hi
Subject to receiving a co namuct lty reasonable man -disturbance agreement (a wleam-DBturbanca Agreement") from the tender which Non tagnabsom Agreement
Provides that Lessee's oSomen effe Premises, and this Lease, including any options to extend the term hereof, will nut be disturbed sa long as Lessee is net in
0reach hereof and attoms m the record Owner Of the Premises. Further, within 60 days after theexecrNon ofthu Lease, Lessorshail, RrequeAed bylessee, use its
commercially reasonable efforts to Obtain a Non Disturbance Agreement from the holder of any pre-existing Security Device which is secured try the Premises. little
event that Lessor is unable m provide the Nan -Disturbance Agreement within said W days, then Lessee may, at too.', opfian, threat, contact tender and among
to negOUale forme execunan and delivery afa Nary Disturbance Agreement.
30.4 Sea -Executing. The agreements contained in this Paragraph 30 shall be eg etwo without the execution Of i nyfurtherdocumems; provided, however, that,
upon written request from Lessor Ora Lender in connection with a sale, financing or rebrandng ofthe Premises, Lessee and Lessor shall execute Such further writings
asmay be reasonably required to separately document any subordination, atmrnment ani Non-Dbturbance, Agreement provided to, herein.
31. ANOmeys'Poes. If any Party or Broker brings an action or proceeding owinving the Premises whether founded in tort, contact or equity, or to declare rights
hereunder, the Pr walfiva Party 1. hereafter deBnedl in any suds Proceeding, action, frappe-] thereon, shall be entitled to reasonable attorneys' fees. So& lees may
be awarded in the same suit or recovered in asepe ate suit, whetheror not Such action or promoting is pursued Indecision or judgment. The term, "Prevailing
Party" shall include, without limitation, a Party Or Bmker who substantially obtains or defeats the relief sought, as me case may be, whu lud Iff compromise,
settlement, ludgmenq or the abandonment by the other Party or Broker of its claim of defense. The attorneysfees award shall not be computed in accordance with
any wart fee xhedule, butshall be surfs as in fully reimburse all atmmeys' fees mosonably incurred. In addamr, Lessor shall be entitled mattorneys fees, costs and
expenses incurred in the prepaatlan and service eFo.di of Default and cansultabuns in connection therewith, whether or net a legal action is subsequently
commenced In connection with such Detiultor resulting Breach f$200 is a reasonable minimum permcumence must, services and conSWunon).
32. lessm's Access; Showing Premises; Repairs. Lesmrand Lessor's agentssM1all have the right ro enter the Ptemhes at any time, in the case a an emergency, anti
otherwise at reasonable times alter reasonable prior notice for the purpose ofshowing the Same pmspefth a purchasers, lenders, ortam nts, and making such
-iterations, repola, irmayemeum or umnion, to the Premises as Lessor may deem necessary m desirable and the erecting, using a ad maraining Of utilities,
services, pipes and conduits through the Premises and/or other premises as long as there is no material adverse effect on Lessee's use of the Premises. All such
activities shall be without abatement of rent Or liability to lessee.
33. Auctlats. Lessee shall net conduct, nor somet to be conducted, any auction Upon the Premises without Lessors prior written comsenL Lessor shall not be
oWife bad m exercise any standard of reasonableness in deter mining whether to Permit an auction.
M. Sign. Lessor may place on the Premises ordinary"Por Sak' signs at any Ume and Ordinary°For tease" signs during the last 6 months of the term hereaf. Except
formilyi "for sublease" signs, Lesme Shall no PeCe arwsign Upon the Premises witimmlemors pmarwrRte, consent All signs mustcomply with all Applicable
Ro,irements.
3S. Termimadtn)Mergec Unliesspecifially gated otherwisom wntingby Leasoq thevolunfary probe, sumenderofthis tease by Lessee themutual Seminar.
Or arreilimm hereof, or a termination hereof by lessor for Breach by Lessee, shall automatically terminate any sublease or lesser estate in the Premises; provided,
however, that Lessarmayeleatocammon anyone oral) egmingsubmearrunes, Lessors failure within mdays milamng any such event to elect to the contrary by
written notice to the belderofany such lesser interest, shall constitute Lesmr'selecmn to have such Paummmirtute the ruminator, Of such imerest.
38. fan Allrequesisfornmeentshallbeinwrfing. UmPtasotherwise idedhmein,whereverinthisteasetheconsentafaPanytsmquired to an Ott by
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ftiALS tact Edited: 3/18/2020 6:28 PM'INITIALS
02017 AIR CRE. All Rights Reserved. STG-27.20, Revised 11,01-2017
or for theother Pang such consent shall nut be uareas ... blywithhekordelaym. Lessor's actual reasonable.,is ark is avem, hucludhlg but not limited [a
architects', alt.rmyi, engineers and othercoombrantA fees) incurred in thecansideafi.n of, mme ponse to, a request by Lessee focal lessor consent, including
but not limited to consents to as assignment,- subletting or the presence or use of a Raramous Substance, shall be paid by Lessee upon receipt of.. invokemk
supporting documentation therefor. Lessor's aimiamto arryan,assignment., subletting shall at constitute an acknowledgment that ao Oefauft or Breath by toss.. Ofthb Leaseedsts, nut shall such mnsent be deemed a weiverofany then existing Default m Breach, except as may he otherwise specigcaily stared in writing by
Lessm.t the time a such consent The failure to specify herein any particular condition to lessor's mnsent shall not preclude the imposition by Iassor ache time Of
mnsentof such further or othermndimats asioe then reasonable with reference to the particular matter for which consent is being given. In the event that either
Parmchaagmes with any determination made by the other hereunder and reasonably requests the reasons bar such determination, the determining party shall furnish
its reasons in writing and in reasonable detail within 10 business clays folimmo such request.
37. Guarantor,
37.1 Executon. The Guaantors, Rang shall each evecute. guaranty in the form mostmeentty published BYAIR LRE.
372 Debunk It shall constitute a Default of the Lessee 9 any Guarantor fails or refuses, upon requet to provide: fa) evidence .f the ececuGan infirm. guaranty,
includingthe authority Of the party signing on Gwanmr's hehaff la obligme Guaranb¢ and in the case of a opmec to Guarantor, a certified ropy ofa reshWtion of its
board of Erectors authadmig the makings f such gvaanry, fb) torrent financial statements, (c) an Estoppel CertiBcum, or(d) written confirmation thattheguamnty is
still in effect
39. Quiet Phssssioa Subleetto payment by lessee ofee Rent and performance of all ofe covenants, conditions and provisions on Lessee's pad an be Observed
and performed under this Lease, Lessee shall have quiet possession and quiet enjoyment of the Premiss during the term hereof.
39, OPt!Qm R Lessee is granted any Option, asdefined below, then the behaving provisions shall apply
39.1 Deflnbbn, °Option^ shall mearc (raj the right to extend or reduce the Priam or renew this Lase m tuateal m reduce the teanof ormorw arty lease
that Lessee has on other property of Lessor, [b) the right of first refusal or first .Recto lase ehherlhe Premissoro[hm properly of Lessor, (n) the right to purchase,
the right offirst offerto purchase or the right of firt refusal [h Wrthasexhe Premises .,tither procerty of Lessor.
39.2 Options Persoom To Original Lessee. Any0imonganted to Lessee in this Lease ispersonal to the original Lessee, and cannot he assigned or exercised by
anyoneother than said original Lessee and only while the original Lessee POP full possession Of the Pre cans and, if requested by Lessor, with taswa cerg(yingthat
Lessee has roe intenhon of ehmeafterassigning orsubietting.
393 Multiple Original. in the event that Lessee has any multiple Options to extend or renew, this Lease, a later Option cannot be eaemked unless the prior
Options have been validly exercised.
39.4 Effect OF Def not on Opddmds
(raj Lessee shall have no righ[roexmcise an Option: (i) during the period commencing with the giving of any naticeof Defauff and continuing until said
Default Ls cured (ill during the period of time any Rent Is unpaid (without regard to whethername thereof is given lessee), In) during the dme Lessee is in Breach of
this Lease, or(iv) in the event that lessee has been given 3Or More no6ms ofmi arate Oeb mft, whether or not the Def.uds are cured, during the U month period
immedlamlYPrecedingthe exerts,¢ ofhe Dptihn.
M) The period oft.. within which an option may be exercised shall not be, extended or enlarged by reason of Lessee's Inability to exercise an Option
because of the provisions of Pamgmph MIA(aj.
k) An Option shall armina[e andbeof no further torte or eRect, notwdhmandinR lessee's due ark tlmetycxercize of the Option, rf, after suN exerts,.
antl prior [o the mmmenmment ofhe ,[ended term ormmpietion of the purchase, (Q Lessee fails m pay pent far a period of 30days aRersuch Rent becomes due
(wi[hou[arry neceasily of Lessorto Rive nofice[hereo0,.r (ii) g Lessee commits a Breach of this Laze.
Q. Multiple Buildings. if the Premises am a pnofa group of buddingsmntrolled by Lessm; Lessee agrees that it will abide brand coulbrm thrill reasonable rules
and regulations which lessor may make from time to time for the management, safety, and care of said properties, including the care and clanliners of the grounds
and including the parking, leading and unloading ofvchitk s, antl to cause its employees, suppliers, shippers, customers, mmmctars antl iewileesto ea abide and
conform. lessee also agrees to pay its fair share a! common expenses incurred in connection with such rules and regulations
41 Security Measures. Lessee hereby acknowledge, that the Rent payable to lessor hereunder dos not include the cart afguad service or other security
measures, and that Lessor shall have no obbgation wlatscever to provide same. Lessee assumes all responsibility for the protection of the premises, Lessee, tts
agents aad imitas and their property from the acts of third paid.,.
4L Rse actin,. Lessor reserves,to itself the right, from dme to Mae, in strong without the consent or joinder M Lessee, such easements, rightimil dedicamms
that Lessor deems necessary, antl to cause M nemrd.aon of parcel maps -ad restrictions, 50 long .such easements, rights, dedications, nium.ndimmiations do
not unremorlably interfere with the use of the Premises by Lessee. Lessee agrees to sign any documents reawnably requested by Lessor to eRectuate any such
eseme ft rights, damema n, map or retddia,
43. PerformanceOnderPmtest War anytime a dispute shall arise as to any mormomsum Ofmoneyta he paid by one Parry to the other under the provisions
hemrd, the Party against whom the obligation to Pay Ore money is asserted shag have the dandle make. Payment "under protest" and such Payment shall not W
regarded as a vohmury payment and there shall survive the right an the part at said Parry to institute suit for recovery of such Bunt If it shall be adjudged that there
was no legal obla don on the part ofsaid Party to pay such sum of any mart thereof, said Party shall be entitled to recover such sum or an much thereof as was not
legally. required tep ry. A Party whodaes rout initiate suit fortha recoveryof sumspaid "under protest' within 6 m imbashail W deemed to have wamedhs right an
protacksuch payment.
U. Authority; Multiple Parties; Execution.
(a) If either Party hereto is a corporation, invest, limited liability company Partnership, or similar entity, each individual executing this Lease ad behalf of
such entity represents and warrants that hem she is only ammmed to execute and deliver this Leaseon its behalf. Each Parry ,bag, within 30days after request,
deluc rto the other Parry soMfectaryevidence ofsuch authority.
(b) Ifthis from is executed by more than one perm.., Puma as 'Lessee', each such person or entity shall be jointly and sweally liable hereunder [its
agreed that anyone of the named Lessees shall beempowered to execute any amendment to this Lease, or other document ancillary Ihereti, and bind all afthe
named toemes, and Lessor may relyon theszme as Wall of the named lessees hadsemted such dmument
(d This lease may bee =ad blithe Pmtieem counterparts, each ofwhkh shall be deemed an original and all of which together shall mnsdta[e one
and the same instrument.
45. Credl Any conflict between the printed provisions.Ross Lease and the typewritten or handwritten Prowlsionsspall be controlled by the typewritten or
Page 14 of 16
1 fT1ALS Last Edited: 3/18/20206:28 PM
Q 2017AIR CRE. All Rights Reserved. STG-27.20, Revised 11-M-2017
hawlwdpm morislarn.
aE. Olfv. Preparatbn of[hu lreubyeanw pxlYw heir agentarM submissbnof zamem the other party shah trot be deemed an oRerm lease totM1e aver
PxtV. Thislpau Ismt haantled m be binding untll eaerutRdasM tlelhemd bYall PardeshertHo.
a1. Amen6rWntw This lease maY l>e mod?red pMyMwriMng vgnsy bythe BardezM MrezenxMelfrreof the moSifiadon. AS Mig as lhrytlo mtmatedalN
rhanga Lessee's obggasbns hen!untler, iesuc a9ees ro lnaMwN masonabk Han-moneMry modfirnnnsro this leauas maybe reasoobN reputed by a tender
In mnnecsbn wan Me obnMMg of normal fined, w �.ditof they i e,
a6
49. MbiV tlpn Pf Ohpurn. Pn Adtlendum repairing Me Arbi[ntlon olaX glsputes between dw PartlesaM/pr Brokersandng Dut of Mistean l—NLYEi umt
attaNN to Mls lean.
5Q AmeisibllAy;AmelvnsayfM Ohabflirie APL
(a) The Premises:
hale eotunde rgone an inspedmn by a Certfed Accessbpeuafist (fsSp). Hme: ACerdfied Aciesi 5pecblistlCASDI on inspect the wbjest Premises and
de@nnMe wheUN thlsublect Pnvnb[z mmPN sattn dXof Ne aPDliobk mnrtrvRion-related xmssYni(M1y sta�ms undtrsbte bw AMpygh %qte gu.d0es not
regehea CASp insP[edpn of Mewhfett praNns, the oA nalpmperty owneror s iemay not pmhlbdlnelessee w Nrem hwnobtalnnsga CASp insx pLonI
[he wh)ea Wemisezfw g w Pnntyur POtmU ocmpant ofthe le�,ninanl,Ntedetdbythe kzseewtenant Thepartles shay mutually agzee Pnthe
a angemenufnr the dne and manterof the CASp inspection, the paymentofthefeetar X,eCASpimpettian, and she cprtof mating anyrepairs necesvrym
mrrcetvMlatbnz ofconmuctlomrebt�acuzsibigtyroMaMswdnin Nepsemiu
bare pndergwsean i-s a bya CerR Access SpetbRstfCASpI and dwas tletmmMed Mx the prwnites met allapplimbk mnsnPc(bn rebkd
a dbnhmt area pwwanito falgomb CivX Cotle 45551 et sep. lesneadmoMetlges Matttremivedampy MLhe Mspetdon report Xlost 48nwrs OdDr to
execudngthu leauaM agrees mbeep suth repw[comitlenXai.
`-f have undergvnean Impettinn bya Certified ACV.is$pecblirt (CAKpI anditzsa5 determined (fat Me premius dM nwtmeet aNaPpilrabkmmhnHlion-rebfed
xmsslbilgysmMasr6 Dursuamto hlHwnb Grit Curie g55,51 et seµ (essoaMlowhvlgesthx Rreteired atvpy of Melmrsw.eon repatxkart aghoun pMrm
a ang M'n lean altl agrees[o Eeep wM repaN mnftlendaleaep[asnecessarvmrdnpkte repairs arM tnnttdons of rmktionsof cpnshpclion re4tetl
aaessibilily sbntlartls.
In[he eren[mat the Premiseshase been inured anlnspecdon repot by a CASpthe 4ssor snag prwitle a mpy of thedisabilrty a¢esskspecdan cenfimm m lessee
WitnM T daysm tlse wecudonpf Mis Lose.
(b) $MrecwllpltallCe With Me AJne/ICar1%wXh DiuIN(Nes Am(AWIdrM OtllM State xld YjplMre%SibIXtY$LalVllS dR dPRFIldenit UDnlI IPSY['S SDetifi[
anal the Premises, 1[zsor malresro wmaMy or reprennmdon as [owhetherw nar Ne PmndfescwnRN Wah ADAw arty simibr IegNation. M theemnt that
nno e's use ofth[ Premier yefc'ues nrnetlifitadorss w atldmons roMe PremNesinorder ro Ee in mmPibnm wan A(Mw IXno acwssidTrcy Rotates, lesseeagrees m
maLeam/ soh necessary nddifiatlonsaM/wadpitbni at lessee's egsessu-
IETSORANO 41GSEE NA9E GAEAl10' RFAOANp AEIfYWFDTi� IEa.SFANO FAGLTERMANO 1'PtN6ANE EONpWFD lIEAF1ti, AND BY ilE EA[EVOON gn1Nl5
LFASESMOW ]MFIRINFORMFp ANO WIMNO1RyEpNgpT Ti&AETO. THE MRYIB ILENEBYAfigEE THl1T ATTHE TINFTHNtFASE 6EREOIIFO.1NFlEAAROF
TLC IFAY ME NMAtE1101fuY RFASONARIEANOENECLi1AR TIEHaLENTAMOPIMWEE M 1F550RANp IE`+SEE MiH RESPECfIOTNE PREMISES
ATTFXIION; NO REMFEEMpTgN OR RENMWINIATLLM 15 FaAOE RY AMCRE ORRYAM' BAp(ER AS TOINEICWL SUAtOENO'(IEWt EFFEEJ OR Wg
C'OfLYQUENCE50F T1161idESE ORl1ETMM5A[Tlpa TotNapL R FE{ATFS. TIIF pARI1F9 ARE IIPf'Hl TLT.
1. SEERADy1EE OFCOOH9EEAS TOTHFIifigIANOUAI;gf1SEQU@IQSQ11I6lEKL
2 REEIUNApPAOPR1ATf EONSULbIM5y0REYIFW AMpIM/iSTIGATF INELONgOONOFYHE PREANSES S0.W RayF[TK•A{pN ytpUtplMEWpF RUgMOf gE
VMITER TEY. f1f PO951B1F PREiEt/Q OFHAZARDOOS A1B54tNQ5. THE EIM1G OFII� PPEMRFS, T!E STR{A:T%AIpL Ra12GflYDl, Tf1ECONORN]N �11EE ROOF
ANDOPERATRaG }ySIEnSS Aft THE SIafIA&ti1YOf T1E PREM(5g fOR 1135EPS IIIIEfa0EO1SE
WARNRW:IFTHEPREM6ESAAFtOCATEOBYASW i%i1aFA if1AN CJd1fOPNlA,EERLAIH R[OV/SIOK40F THE iFASEfMY NHOTO 9E PEY15fD 10 OOMPtt YVIaN
THElAWS QThe STALE IM WIILGI THE PflFMtSFS Aid Iq'A®.
The Wrges Hereto note W Wcssted tlUs tease atdv Dbm and on Me fixes zpeufietl abmre (heir nspecpe ssgremreA
lNe Y a
On:
Mt13EOR
nck D Kaaasoff
ay:3.
Name primed:
TRk:
VnpIM:
Face:
Email;
BY., —
NamePrimed:
Emtaktl ar.
On:
W IEEE:
City 'If Santa Ara
By: See Attached
nut:
Pharr
Fax: _
EnWIL
8,:
f Page 25 of 16
INITIALS Last Edited: 3/18/2020 6:2S pM IN�i1AI5
® 201]AIR q1E. All Rights Reurved. M-2TW, Reviud 11 01-201]
Tide:
Phone_
Email:
Address: _
fedeml ID No
BROKER
Attu:
Title:
Address:
Phone:
Fax:
Email:
Federal ID No.:
Broker/Agent RR£ license#:
Title:
Phone
Fax:
Email:
Address _
F Aem110 No
BROKER
Attu:
Tide: ^_
Address:
Phone: __
Fax: _
EmaR: --
Fedemp0 No.:
Droker/Agent BRE license #:
AIR CRE. Soo North Brand BIM, Solo, 900, Glendale, CA 91203, Tel a3-6g1$Tfl, Email [onlncts@airtre.mm
NOTICE: NGp dOf Mesewarksma berepmducedlna,yfo w b9 t permisslon in wdtlng.
Page 16 of 16
INITIALS Last Edited: 3/18/20206:28 PM INITIA
® 20.17AIR CRE. All Rights Reserved. STG-27.20, Revised U-01-2017
ADDENDUM TO LEASE
Date: _
By and Between
Lessor:
Lessee:
Property Address:
In the eventnf any runpitt between the Provisimm of this Addendum and the mnted provisions of the Lease, this Addendum shall control.
48. The parties hereby do NOT waive their respective rights to trial by jury in any action or
proceedings involving the property or arising out of this Agreement.
51. Monthly Rent Schedule:
Months 01-12: $5,100 per month
Months 13-24: $5,200 per month
Months 25-36_ $5,30o per month
52. Option for Two Years:
Lessor hereby grants, provided Lessee is not then in default under the Lease, an option to extend this
Lease for an additional two years from the original expiration date of April3o, 2023 for a period of
two years under the same terms, covenants and conditions contained in the original Lease and
Amendments thereto provided the following rent is paid to lessor:
May 1, 2023-April 30, 2024: $5,5O0 per month
May r, 2o24-April 30, 2025: $5,60o per month
53. The following items belong to Lessor and have been left at premises to be Used by Lessee (as
needed). The following items are to be returned to Lessor upon Lessee's exit:
i. Forklift
12. Steel Cages in Yard
13. Pallet Racking Inside Warehouse
14• Desk Inside Office
15. New Lumber on top of Office (Being stored at premises by Lessor)
AIR CRE a https://www.alrtm.mdm a 2136814]T/ ` contncts@airtre.rmm
�i�a+� NUnCE: No part oftheseworks maybe repmducedin anykrm without permission In writing.
RIA S �L�J//
ALS
48 2017 AIR CRE. All Rights Reserved. Last Edited: 3/18/20205:28 PM
ADO-1.03, Revised 06-10-2019
Page 1 of 1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
OAISY GOMEZ a
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
CITY OF SANTA ANA
KRISTI�E
City Manager
AMARA E3000SIAN DAVID VALENTIN
Assistant City Attorney Chief of Police
FOR APPROVAL: