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EXHIBIT 1B
<br />in writing to Tenant. Any amount of Rent that Is payab[a ono monthly basis and that Is payable respect to a partial month, shad be prorated based on
<br />the number of days In such month. No payment by Tenant or receipt or acceptance by Landlord of a lesser amount than fine correct Rent due
<br />herounder shall be deemed to be other than a payment on account of die earliest installment of Rent then due; nor shall any endorsement or statement
<br />on any check or any letter accompanylog any check or payment as Rent be deemed to effect or evidence an accord and satisfncllon; and Landlord
<br />may accept such check or payment without prejudice to Landlord's right to recover the balance or pursue any other remedy In this Lease or at lower
<br />in equity provided.
<br />4,d.2 LATE PAYMENTS, TENANT ACKNOWLEDGES THAT THE LATE PAYMENT OF RENT WILL
<br />CAUSE LANDLORD TO INCUR ADMINISTRATIVE COSTS AND OTHER DAMAGES, THE EXACT AMOUNT OF WHICH
<br />WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO ASCERTAIN. LANDLORD AND TENANT AGREE THAT
<br />IF LANDLORD A RENT DELINQUENCY SI•IALL OCCUR, TENANT SHALL PAY TO LANDLORD, AS ADDITIONAL RENT;
<br />(A) A LATE CHARGE EQUAL TO FIVE PERCENT (5%) OF THE OVERDUE AMOUNT TO COVER SUCH ADDITIONAL
<br />ADMINISTRATIVE COSTS, AND (B) INTEREST ON ALL DELINQUENT AMOUNTS AT THE DEFAULT RATE, FROM THE
<br />DATE DUE UNTIL THE DATE PAID.
<br />ARTICLE 5 —TENANT'S TAXES
<br />Tenant shall reimburse Landlord upon demand for any mid all taxes, impositions or similar fees or charges payable by or Imposed or
<br />assessed upon Landlord upon or with respect to: (a) any Tenant's Personal property located in or about die Premises; (b) any Leasehold
<br />Improvements made in or to the Premises by or for Tenant (without rogard to ownership ofsuch improvements) if and to the extent the original cost,
<br />replacement Cost or value thereof exceeds the cost of Landlord's then etrective "Building Standard" tenant improvements, as determined in good
<br />faith by Landlord; Cc) the Rent payable hereunder, Inohrding, without limitation, any gross receipts ton, license fee or excise tax levied by any
<br />governmental authority; (d) the possession, leasing, operation, ninnogement, maintenance, alteration, repair, use or occupancy of any portion of the
<br />Premises; or (a) this transaction or any document to which Tenant is a pony creating or trainfening an Interest or an estate in the Premises,
<br />ARTICLE k—IINTENTIONALLY ONI1TFEbl
<br />ARTICLE 7-USE OF PREhII ES
<br />7.1 Tenant's Permitted Use, Tenant shall use the Premises only for Tenant's Permitted Use set froth In Item 7 of tiie Basic Lease
<br />Provisions and shall not use or permit die Premises to be used for any other purpose, Tenant shall, at Its sole cost and expense, obtain and maintain
<br />;n fall force and effect all governmental licenses, approvals and permits required for Tenant's Permitted Use. In no case shall Tenant use or suffer or
<br />pennit the use o rer y portion of die Premises for any Expressly Restricted Use.
<br />7,2 Compliance With Laws and Other Requirements.
<br />7.2.1 Subject to Section 7.2,2 below, Landlord shall cause tine Common Areas and the Base Building to comply with all
<br />Laws, if and when any such action is required by any governmental authority midlor if slid to the extent that any failure of any portion of the
<br />Common Areas or die Base Building to comply with any applicable Laws would; (a) prohibit Tenant Cam entering into a sublease to any Approved
<br />County Entity of Approved State Entity (as such tenons ore defiled below) in accordance with Section i l 1 2 below; (b) unreasonably and materially
<br />affect Cho safety of TZ11mt's employees or the operation of Tenant's business; or (c) would create a material and significant health hazard for
<br />occupants of the Premises.
<br />7.2.2 Tenant shall dincly take all actions required comply in all respects with (and shall cause each of its employees and
<br />occupants to take Olt actions required comply in all respects with) and cause the Premises to comply with: (a) all Laws, now or in line f lure
<br />applicable to the Premises and Tenant's use thereof (including, without imitation, oily Law requiring any Jena or Improvement or alteration to the
<br />Buillil (b) die Rules and Regulations, and (c) all covenants, conditions and restrictions applicable to the Project. In addition, if any modifications
<br />or alterations to any portion of the Common Areas or the Base Building (dcfned below) are required under any applicable Laws as a result of
<br />Tea ant's use or Ina Premises at' any of Tenant's Leasehold Improvements, then at the all, Cam a Landlord: (1) Tenant shall be responsible fur
<br />perforndng such modifications or alterations, at its expense or (II) Tenant shall, within ten (If) days fallow! ngLan diord's demand therefor togctihar
<br />with reusonable supporting documentation, reimburse Landlord for all of its costs and expenses Incurred in connection with Lnitdlond's parturition cc
<br />crouch modifications or alterations,
<br />7.2,5 Tanmd shall not use the Premises, or permit the Premises to be used, In any mail nor, or it or suffer any net In or about
<br />the Promises which:. (A) volotas or conflicts with any applicable Law, any of die Rules and Regulations or any covenants, conditions and
<br />restrictions applicable to.the Project; (B) causes or is reasonably likely to cause daomgo to die Project, the Premises or the Building Systems; (C)
<br />violates a requirement at. Condition or any policy or insmencc covering tine Project ondlor the Premises, or increases ilia cost of such policy; (U)
<br />constitutes or Is reasonably likely to Constitute a nuisance, annoyance or inconvenience to other tenents or oecapunts of the Project or its equipment,
<br />inch hies or systems or (E) Iotcrferes with, a is reasonably Ilkoly to interfere with, the Iransmisslon or reception of microwave, television, radio,
<br />telephone, or other communication signals by antennae or other facilities located bon die Project. Withoutfloating the generality or the foregoing,
<br />should any federal, gone or local governmental agency having jl isdiCiiun with respect to die establishment, regulation or enforcement or
<br />occupational, health or safety standards for employers, employees or (canals Impose on Landlord ar oil Tenant at any time now or in the future oily
<br />requirement or Law relating In any ohm her to the Premises or occupancy dtenof, Tenant shall, at its sole Coal and expense, comply promptly (or at
<br />Landlord's election, bear the cost ofmlCh compliance as eil'euted by Landlord) with such requirement or Law. Toumn shall indennlfy, defend and
<br />head harmless Landlord from and against any and all Claims arising out orve relating to pity failure oriknunt to perfume any of i s obligations under
<br />this Sotalon 71 Landlord shall not enforce the Rules and Reguaaduns In a discrlalinmury mnnner; provided that Landlurd shall not be liable to
<br />W W CLdt• Cvrnrcr Or—C'lo' n/S'num: tun l eare 4.
<br />80A-144
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