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EXHIBIT 3
<br />Improved by Tenant, subject to ordinary wear and [ear, For the avoidance of doubt, it is understood and agreed that, prior to the date upon which the
<br />Promises is surrendered by Tenant under this $action 3 3 I. Tenant shall be required to remove from the Premises all or the Tenant's Personal
<br />property and all Leasehold Improvements designated for removal by Landlord in accordance with Section 10.1 below (and all damage caused by
<br />such removal repaired),
<br />3.3.2 IfTenanl fails to remove any of the Tenant's Personal Property from the Premises (or any portion thereon) prior to the
<br />expiration or any earlier termination of the Tenn (with respect to applicable portion of the Premises), and such failure continues for five (S) days
<br />following Landlord's delivery of notice thereof, Tenant shall be deemed to have abandoned the sonic, in which case: (a) Landlord shot] have the
<br />right, at Tenant's expense, to remove the same from the same from the Premises (and to repair any damage caused by such removal) and (b) to
<br />[hereafter: (1) store the same at Tenant's expense, (if) appropriate the Same for Itself, and/or (ill) sell or otherwise dispose of the some in its sole
<br />discretion, with no Iinbllity to Tenant, In which case, Tenant shall reimburse Landlord for all costs incurred by Landlord In connection with any such
<br />removal, repairs, storage and/or disposal, plus a ten percent (10%) administration fee thereon, upon demand. In addition, If Tenant fails to remove
<br />Roin the Premises (or any portion thereon all Leasehold Improvements designated for removal by Landlord in accordance with Section below
<br />and/or to repair all damage caused by its removal of any such Leasehold Improvements (and/or its Tenant's Persona) Property), in either case, prior
<br />to the expiration or any earlier lennination of the Term (with respect to applicable portion of the Premises), Landlord shall have Vie right to remove
<br />the same bream the Premises (or the applicable portion thereof) and/or to repair such damage at Tenant's expense, in which case, Tenant shall
<br />reimburse Landlord for all costs incurred by Landlord in connection therewith, Plus a ten percent (10°%) administration fee thereon, upon demand,
<br />This Section 3.3 shall survive the expiraton or any earlier termination of the Temt orthis Lease.
<br />3.3.3 If Tenant fails to surrender the Premises (or any portion thereof) In accordance with this Lease (including, without
<br />limitation, Scotian 3.3.1 above), or otherwise holds possession of the Premises (or any portion dwrinio after the expiration or termination of the
<br />Term, Tenant shall become a intent in sufferance upon all of ilia terms contained herchm, except as to term and Ease Rent. During such holdover
<br />period, Tenant shall pay to Landlord a monthly Ease Rent in an amount equal to die hloldaver Rental Rate. The monthly Base Rent payable for such
<br />holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession. Neither any provision hereof
<br />nor any acceptance, by Landlord of any Rant after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or
<br />result in a renewal of this Lease or an extension of the Term, or any waiver of any of Landlord's rights or remedies with respect to such holdover.
<br />Tenant shall Indemnify, defend and hold Landlord hunnlass from and against any and all Claims (including, without limitation, for lost profits end
<br />other consequential damages, attorneys' fees, consultants' fees and court costs) incurred or suffered by or asserted against Landlord by reason of
<br />Tenant's failure to surrender the Premises in accordance wide the provisions of this Lease on the expiration or earlier termination of this Lease.
<br />ARTICLE 4 - RRN'f AND OTIq ER CHARGES
<br />4.1 Base Ron . Tenant agrees to pay during the Initial Tenn of this Lease as Bose Rent for the Premises, the sums shown for the
<br />periods shown In jlgra of Ilia Scare Lease Provisions. Except as expressly provided otherwise herein, Base Rent shall be payable In equal
<br />consecutive monthly installments, in advance, commencing on the Commencement Date and continuing on die tenth (10) day ofeach calendar month
<br />Ibersafter; provided drat the llrst full monthly Installment of Base Rent, described In Item 4 of the Basic Leave Provisions, shall be.payabla upon
<br />Tenant's execution of this Lease. Landlord will cooperate with 'tenant to accommodate payment of Rant (or certain types of Rent) via ACH
<br />payments.
<br />4,2 Tcur Cs Percenhtae Sbara Subject to the provisions of this Lease and in accordance with Exhibit "E", attached berate, in
<br />addition to paying Base Rent, with respect to each Expense Year (defined in Lxhibil. "M Tenant shall also pay, (a) Tenant's Percentage Sham
<br />(defined in Exhibit"E'"1 nl'Exesss Qperating Bxpenses (defned in Exhibit "E'7 and (b) Tenant's Percentage Sham of Excess Property Taxes (defined
<br />fn Exhibit:'E").
<br />4,3 Parking Fees•
<br />4.3.1 Subject to Section 4.3.2 below, on the first day of each calendar month during the Term, Tenant shall pay to Landlord
<br />(or at ilia request of Landlord, to Landlord's designated parking operator) Landlord's then prevailing charge (die "Parking Fces") far all Purldng
<br />Pusses rented by Tenant for such calendar month. Such Parking tees shall be in addition to all taxes, assessments or other Impositions imposed by
<br />any governmental entity in quivin Lion with Tenant's use of such Perking Passes, which taxes, assessments or other impositions shall be paid by
<br />Tenant, or if required to be paid by Landlord, shall be reimbursed to Landlord (or at the request of Landlord, to Landlord's designated parking
<br />operator) by'renint concurrently with the payment offlis Parking Fees described above.
<br />43.2 The Parking Fees payable with respect to the first eighty-four (84) Parking Passes rented by Tenant during ilia Initial
<br />Term (and the charges for all Short 'term Project Parking V411datons and Long Term Project Parking Validations provided by Landlord to 'tenant
<br />(pursuant to Section 2 3(011) above) during die initial Term) are Included in the Soso Rent payable by Tenant with respect to the Premises during
<br />the Initial Term.
<br />4.3.3 The Parking Fees psychic with respect to all Parking Posses rented by Tenant during rat Exwulon Term paid the
<br />charges Ibr all Short Term Project Parking Validations and Long Tenn Project Parking Validations provided by Landlord to Tenant (pnrsutml to
<br />Section 23(e)(li) above) during an Exianslon Term) shall be determined in connection with the PMRR land Extension Term Base Rant) fur die
<br />Promises forsuch Extension Tenn. nod shall be added to (and included In) the Extension Toro Ease, Rent.
<br />4A Povment Micro,
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<br />4.4.1 (knaralIv. Buse Rent, till forums of Additional Rent paynble hereunder by Tenant and all other anununs, ices,
<br />paymrnls or charges payable hereunder by Tentvrl shall each; (a) constitute runt payob'le hereunder (sometimes Collectively be inferred to harefn as
<br />"Ituat"), (b) be payable to Landlord when due without any prior notice or demand flooel'or in lawful money of the Unitud States cold, except as may
<br />be expressly provided to the Contrary in this Lease, will uut any abatement, oniot or deduction whosoever. and (c) be puyuble um Landlord at Ilia
<br />address of Landlord described in Item 10 ofthe Basic Lease Provisions or to such other Person or place as L.undlurd may Iltun time to lime designate
<br />$41 1F'C'hle Ceurse Or- 00, of SunevAna Lennie •7=
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