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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
<br />far
<br />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
<br />proceeding affecting the Premises.
<br />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,
<br />covenants or restrictions of --to,regulations, and ordinances('Applicable Requi®mess )that were in effect at the time that each ImPoroMent, or portion
<br />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
<br />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
<br />be made by lessee. NM: Lessee h respomible tordeterminiM whetheror rmt doe Applimbk Re ulmmems, aMespeciallythezoning, are appmpriam far
<br />otherwise provided,
<br />promptly asdratpazt u f soothe Premisesmayselongm b whwith btbe Premises dD notcomplywithsaidwarranty,lessors O,
<br />excepteas otherwisepmolded, promptly receipt ofrondos noticefrom lessee rottingfroth with sped&frythe nature andexmntafsuch non Start Date, rectify
<br />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,
<br />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
<br />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,
<br />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
<br />work as follows:
<br />(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
<br />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
<br />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
<br />within LO days after If Lesseof Lessee s terminatl Le smite that Lessor has elected a pay the differewe between the actual rust Capitol
<br />Expand to amount equal lob
<br />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
<br />whaenrwtcespecifyi"aterminaboodawateasM9 ysthereattec Such termination date shalt, however, in no event he earliier than the tart day that Lesson
<br />could legally utilize fire Premiseswithout commencing such Capital Expendkure
<br />(b) If wchCapimi Expenditure is not the esuk of the spetlbcand uniqueuse ofthe Premises by Lessee(such as, gavemmgntally mantlmed seismic
<br />or any extension thereof,
<br />the date pay that
<br />onCapital Expenditure and Lessee shallonlybe obligatedto pay,eachmonth such costs
<br />remainder ORheterm of this Lease
<br />Oranyes.lo ioeshaffponteresto[hat onwhichthe easegenusdue, an amount equal tof,1/1"th vorof the Capital
<br />ofsuchrusts reasonablyadbibumbk ratite
<br />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
<br />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
<br />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
<br />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
<br />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
<br />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
<br />days written notice to Lessor.
<br />(c) Notwithstanding the above, me Provisions mncemingCapital Expe.MiNres are intended to apply only to non -voluntary, unexpected, and new
<br />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
<br />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
<br />May be necessary to eliminate the requitementforsurh OpHal EAperrtltture,-1(ii)mmplete such Capital Expcaditureat its own expense. Lesseeshallnot.hoonow,
<br />have arty right to terminate this lease.
<br />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
<br />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
<br />systems, security, envhonmeatai aspects, and compliance with Applicable Requirements and the Americans with Onabilibes Act), and their suftabirty for lesion's
<br />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
<br />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
<br />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
<br />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
<br />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
<br />respanfibdily to investigate the financial mpobdAy and/or suitability of all proposed tenants
<br />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
<br />was the owner w occupant of the Premises. In Inch at. Lessee shall be WlMagbk far any necessary corrective wank.
<br />3. Tenn.
<br />3.1 Term. The Commencement DAM,UPlmfion Date and Original Term of this Lease are as specified in Paragraph 1.3.
<br />12 Eadq Possession. Any provision herein granting lessee Early Possesshan of the Premises is subject to and conditioned upon the Premises being available
<br />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
<br />partfafyaccupies the Premises Ontario Me Commencement Date, theabligagnn to pay gam Rent shall be abated for ffie period of such Early Possession. Ail other
<br />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
<br />duringsuch period. Any such Early Possession shall not aRett the Fxplration Date.
<br />13 DelayinPossession. Lessor agrees to use its best pommercialty reasonable efforts to deliver posawarm 0 the Premises to Lessee by We Cammenmment
<br />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
<br />validity of this lease or change the Explretipn Date. Lessee shall not,however, be obligated to pay Rent orpeiform As other obligations untAbessor delivers
<br />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
<br />continue for A parried aqualtowbat Lessee would adowa w have enjoyed underthe terms hemp( bid mmuseny days of delaycaused by the acts aramisswns at
<br />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
<br />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
<br />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
<br />possession of the Premises is not delivered within 120 days after the Cammemeinent Date, this Lease shall terminate unless other agreements are reached between
<br />Lessor and Lessee, in writing.
<br />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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<br />INITIALS Last Edded: 3/18120206:29 PM IN
<br />® 2017AIR CRE. All Rights Reserved. STG-27.2D, Revised 11-01-2017
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