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EXHIBIT 1D
<br />In writing to Tenant. Any amount of Real dial is payab[a on a monthly basis and that is payable respect to a partial month, sholI he prorated based on
<br />the number of days In such month. No payment by Tenant or receipt or acoaplance by Landlord of a lesser amount than the correct Rent due
<br />hereunder shall be deemed to be other than a payment on account of die earliest installment of Rent then due; mar shall any endorsement or statement
<br />Oil any check at, any letter accompanying any check or payment as Rant be daunted to effect or evidence an accord and in tisPnclion; and Landlord
<br />may accept such check or payment without prejudice to Landlord's right to recover the balance or pursue any other remedy in this Lease or at law or
<br />In equity provided.
<br />4,4,2 LATE PAYMrNTS, TENANT ACKNDWI EDGES 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 SHALL OCCUR, TENANT SHALL PAY TO LANDLORD, AS ADDITIONAL RENT;
<br />(A) A LATE CHARGE EQUAL TO FIVE PERCENT (5°°/a) 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 the Premises; (b) any Leasehold
<br />Improvements made in or to the Premises by or for Tenant (without regard to ownership ofsuch (mprovenhents) if and to the extent the original cost,
<br />replacement cost or value thercor exceeds the cost orLsndlord's then effective "Building Standard" tenant Improvements, as determined in good
<br />faith by Landlord; (c) the Rent payable hereunder, including, without limitation, any gross receipts tax, license fee or excise tax levied by Oily
<br />governmental authority; (d) the possession, leasing, operation, management, 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 party creating or lrahsfeh•ing an Interest or an estate in the Premises.
<br />ARTICLE 6—IINTENTIONALLV t)MITTEDI
<br />ARTICLE 7. USE OP PREMISES
<br />7.1 Tenant's Perndtlgd Use, Tenant shall use the Premises only for Tanant's Permitted Use set forth In Ttem 7 ot'the Basic Lease
<br />Previsions and shall not use or perndt dia Premises to be used for any other purpose• Tenant shall, at Its sole cost and expense, obtain and maintain
<br />in full rorce and effect all governmental licenses, approvals and permits required for Tenant's Permitted Use. To no case shall Tenant use or suffer or
<br />pennil the use ofany portion of the Premises for any Expressly Restricted Use.
<br />7.2 Compliance With Laws and Dtbm, Reuuirements,
<br />7.2.1 Subject to Section 7.2.2 below, Landlord shall cause the Common Areas and the Base Building to comply with all
<br />Laws, if and when any such action is requircd by any governmental authority and/or if and to the extent that any failure of any portion of the
<br />Common Areas or dhc Base Building to comply with any applicable Laws would; (a) prohlblt Tenant from entering into a sublease to any Approved
<br />County Entity of Approved State Entity (as such terns are defined below) in accordance will Sectlor I LL2 below; (b) unreasonably and materially
<br />a@'act tha safety of Tenant's employees or the operation of Tenant's business; or (a) would create a material and significant health hazard for
<br />occupants of the Premises,
<br />7.2.2 Tenant shall timely take all actions required comply in all respects with (and shall cause each of its employees and
<br />occupants to take all actions required comply in all respects with) and cause the Premises to comply with: (n) all Laws, now or In the future
<br />applicable to the Premises and 7enanFs use thcrcor(fneinding, without Iimitation, any Low requiring any faun of Improvement or alteration Lo the
<br />Building), (b) the Rules and Regulations, and (c) all covenants, conditions and restrictions applicable to the Project, In addition, If any modifications
<br />or allcrntlons to any portion of the Common Arens or the Base Building (defined below) Oro required under any applicable Laws is a result or
<br />Tenant's use of the Premises or any of Tenants Leasehold Improvements, then at the election orLap olord; (1) Tenant shell be responsible for
<br />performing such modlrealons or alterations, at its expense a (k) Tenant shell, within ten (ID) days following Land tord's demand there fur together
<br />with reasonable supporting docurnmiston, reimburse Landlord for all of its costs and axpensea Incurred in connection with Ln itdIord'a pertbnnince
<br />or such modifications or niteralions.
<br />7.2.3 To no shall not use the Premises, or panit the Premises to but used, In any manner, or do a auMr any not in or about
<br />the Promises which: (A) violates or conflicts with any applicable Low, any of due Rules and Regulations or any covenants, conditions and
<br />restrictions applicabb lathe Project; (B) causes or is reasonably likely to cause damage to die Project, the Premises or the Building Systems; (C)
<br />violates a requirement nr condition of any policy or Insurance covering the Project and/or the Promises, or increases the cost of such policy; (DI
<br />constitutes or Is reasonably likely to constitute a nuisance, annoyance or inconvenience to other tenants or occapants of the Project or Its equipment,
<br />liicflitics or systems or (L) Interferes with, or is reasonably Iikuly to Interfere will, the transmission or reception of microwave, tclovhdon, radio,
<br />telephone, or other cunununI asLiu n signals by oil tenon no or other Facilities located in die Project. Without. limiting the generality nr the foregoing,
<br />should tiny federal, sate or local governmental agency having ,jurisdiction with respect to the establishmont, regulation or onf'orcomenl or
<br />occupational, health or sorcty standards fur employers, employees or (clients impose on Landlord ui on Tenant at any than now or in the futmu tiny
<br />requirement or Law relating In any incliner to the Premises or occupancy thereof, Tenant shall, a its sole oust and expense, comply promptly (or tit
<br />Landlord's election, bear the cost ofsuch compliance as ellovied by Landlord) with such requirement or Law. Tonan shall indemnify, defend and
<br />hold haudess Landlord from and against any and all Claims arising out of or retains to pity failure of)'enunl to perform any of its obligations under
<br />this Section 7• • Landlord shall not enforce the Rules and Regulations In o discriminatory manner; provided that Landlord shall not be liable to
<br />881 fi'Chdr Center Or —Clip afSawa Ann Lenin •a.
<br />80A-336
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