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improved by Tenant, subject to ordinary wear and tear. For the avoidance ofdoubt, it is understood and agreed that, prior to the dale upon which the
<br />Promises is surrendered by Tenant under this Section 3.3.1 Tenant shall be required to remove from the Premises all of the Tenant's Personal
<br />Property and all Leasehold Improvements designated for removal by Landlord in accordance with Section 10,5 below (and all damage caused by
<br />such removal repaired).
<br />3.3.2 irTenant fails to remove any of the Tenant's Personal Property from (he Premises (or any portion thereof) prior to the
<br />expiration or any earlier termination of the Tenn (with respect to applicable portion of the Premises), and such failure continues I'or Five (5) days
<br />Following Landlord's delivery of notice thereof, Tenant shall be deemed to have abandoned the same, in which case: (a) Landlord shall have the
<br />right, at Tenant's expense, to remove the same from die some from the Premises (and to repair any damage caused by such removal) and (b) to
<br />thereafter; 0) store the same at Tenant's expense, (id) appropriate the same for itself, and/or (fin) sell or otherwise dispose of the same in its sole
<br />discretion, with no liability to Tenant, in which ease, Tenant shell 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 />from the Premises (or tiny portion thereof) all Leasehold Improvements designated for removal by Landlord in accordance with Section 10.5 below
<br />and/or to repair all damage caused by its removal orany such Leasehold Improvements (and/or its Tenant's Personal Property), in either case, prior
<br />to the expiration or any earlier termination of the Term (with respect to applicable portion of the Premises), Landlord shall have the right to remove
<br />the same from the Premises (or the applicable portion thereof) and/or to repair such damage at Tenant's expense, in which case, Tenant shall
<br />reimburse Landlord for all costs incurred by Landlord in connection therewith, plus a ten percent (100%) administration fee thereon, upon demand,
<br />This Section 3,12 2 shall survive the expiration or any earlier termination of the Temt of this 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, Section 3.3.1 above), or otherwise holds possession of the Premises (or any portion thereof) after the expiration or termination critic
<br />Term, Tenant shall become a tenant at sufferance upon all of the terms contained herein, except as to term and Base Rent. During such holdover
<br />period,, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to die Holdover Rental Rate. The monthly Base Rent payable for such
<br />holdover period shall in na event be construed as a penalty or as liquidated damages for such retention of possession. Neither any provision hereof
<br />not any acceptance by Landlord of any Rent after any such expiration or earlier termination shall be deemed a consent to ally holdover hereunder or
<br />result in a renewal of this Lease or an extension of the Tea, or any waiver of any of Landlord's rights or remedies with respect to such holdover.
<br />Tenant shall indemnify, defend slid hold Landlord harmless from and against any and all Claims (including, widhout limitation, for lost profits and
<br />other consequential damages, attorneys' fees, consultants' fees and court costs) incurred or suffered by or asserted against Landlord by reason of
<br />Tenant's failure to surrender the Premises in accordance with the provisions of this Lease on the expiration or earlier termination of this Lease,
<br />ARTICLE 4—RENT AND OTHER CHARGES
<br />4.1 Base Rent. Tenant agrees to pay during the Initial Total of this Lease as Base Rent for the Premises, the sums shown for tine
<br />Periods shown in Item 4 of the Basic Lease Provisions. Except as expressly provided otherwise herein, Base Rent shall be payable in equal
<br />wnsecutive monthly installments, in advance, commencing on the Commencement Date and continuing on the tenth (10) day of each calendar month
<br />thereafter; provided that the first full monthly installment of Base Rent, described In It in 4 of the Basic Lease Provisions, shall be.payable upon
<br />Tenant's execution of this Lease. Landlord will cooperate with Tenant to accommodate paynhent of Real (or certain types of Rent) via ACH
<br />payments.
<br />4.2 Tenant's Percentage Share, Subject to the provisions of this Lease and in accordance with Exhibit "E", attached hereto, in
<br />addition to paying Base Rent, with respect to each Expense Year (defined in Exhibit "E") Tenant shall also pay: (a) Tenant's Percentage Share
<br />(defined in Exhibit "E") of Excess Operating Expenses (defined in Exhibit "E' and (b) Tenant's Percentage Share of Excess Property Taxes (defined
<br />in Exhibit`°E").
<br />4.3 Parking Rees.
<br />4.3.1 Subject to .Section 4,3.2 below, on the (hat day of each calendar month during the Term, Tenant shall pay to Landlord
<br />(or at the request of Landlord, to Landlord's designated parking operator) Landlod's then prevailing charge (the "Parking Fees") for all Parking
<br />Passes rented by Tenant for such calendar month. Such Parking Pees shall be in addition to all taxes, assessments or other impositions imposed by
<br />any governmental entity in connection with Tenant's use of such Parking 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 Tenant concurrently with the payment of the Parking Fees described above.
<br />4.3.2 The Parking Fees payable with respect to the first eighty-four (84) Parking Posses rented by Tenant during the Initial
<br />Terns (and the charges For all Short Term Project Parking Validations and Long Term Project Parking Validations provided by Landlord to 'Tenant
<br />(pursuant to Seolion 2 3(c)(ii) above) during dhc Initial 'Perm) are included in the Base Rent payable by Tenant uvith respect to the Promises during
<br />the Initial Term.
<br />4.3.3 `fhe Parking pees payable with respect to all Parking Passes rented by Tenant during an Extonsion 'ferns (tail the
<br />charges I'or all Short Term Project Parking Validations and Long Term Prgject Parking Validations providecl by Landlord to Tenant (pursuant to
<br />Section 2.3(c)(ii) above) during an Extension'ferm) shall be determined in connection with the FMRR (and Extension Term Buse Rent) for the
<br />Premises for such E.etension Team. and shall be added to (and included in) the Extension Term Base Rent.
<br />4.4 Payment ol'Rent,
<br />4!I.I Generally, Base Rent till farms of Additional Rent payable hereunder by Tenant and oil other amounts, lees,
<br />paynnews or charges payable hocunder by Tenant shall each; (a) constitute rent payable hereunder (sometimes collectively be rcl'eired to heein as
<br />"Rent'), (b) be payable to Landlord when due without any prior notice o• demand therefor in lawful money ol'the United States and, except as may
<br />be expressly provided to the contrary in [his Lease, without any nbtitcnnent, offset ar deduction whatsoever. and (c) be payablo ur Landlord a the
<br />address orl.andlord described in I em I Orland Basic Lease Provisions or to such other Person or place as Landlord silly From time to time designate
<br />All if/0',lr CrnmrOr—Cilpufd'uomdna Lame -7-
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