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option to extend this Lease tar I. purchase the premises, then Lrrsse may preserve this Lease hy, lal exercising such option and (b) providing Lessor with any shortage
<br />in insurance proceeds (or adequate assurance th...f) needed u make the repairs on or before the norms of (i) the date which is 10 days after Lessee's receipt of
<br />Lessueswrmon Use purporting to terminate this Lease, or (a) the day prior to the date upon which such option expires If lessee duly exertises such ppbon during
<br />such period and provides Lessor with fortis for adequate muame thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lassoes commercially
<br />reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. 9 lessee fails to exercise such option and
<br />provide Such funds or assurance during such period, then this Lease shall terminate on the data s"Ifted in Me termination notice and lessee's option shall be
<br />extinguished.
<br />9.6 Abatement oFRent lassce's Remedies.
<br />(a) Abatemem, In the event of Premises Partial Wmage or Premises Total Destruction or a Haardous Substance Condition for which Lessee is rut
<br />responslhle under this tease, the Rent payable by lessee forthe period required for the repair moredistom m restoration ofsuch damage,ball be abated in
<br />propoMon to the degree to which lessee's useof the Premises is impaired, but not to exceed the proceeds received ham the Renli l Value insurance. Ail other
<br />abiige6ons of lessee hereander shall be performed by lessee, and Lessor shall have no liability for airy Such damage, destruction, remptluuon, repairorresuacon
<br />except as provided herein.
<br />M) Remedies. if Lessorisobligated[o epairar resWrethe Premises antldcesrutcommence, ina wbstanHal antl meaningful way, such repairor
<br />restoration within 90 days after such obligation shall accrue, lessee may, at any flow prior to the commencement of such repair or restoration, give written notice on
<br />Lessor antl N any leaders of which lessee has actual notice, of lessee's election to terminate this lease on adate not ess than 60 days following the giving of such
<br />notice. If Lessee gives Such rmdce and such fcpahor in Such om is not commenced within 30 daysthereafter [his Lease Commence" shall
<br />mthe date thecifietl In said
<br />notice. tithe repair orrestn Ofhe))commenced within such Plate., this beginninease g
<br />of the actual
<br />workforce
<br />the
<br />erect'Commence"shall oxcum. the, the
<br />unconditional autheriraFon Of the preparation of the required plans, or Me beginning of the actual work on the Premises, whichever firs[ occurs.
<br />9.7 Terming n;Adnnce Payments. Upon termination ofth'sloasepursuant to Paragraph Ufa) or Paragraph 9, an equitable adjustmelK shall be made
<br />concerning advance Base Rent and any other advance payments made by lessee to Lessor, Lessor shall, in addition, return to Lessee so much of lessee's Security
<br />Depmitas haswt been, or is not then required u be, used by Lessor
<br />W. Real Property Taes.
<br />10A Definition. As vsetl herein, the term Wall Prepe t, T.'shall include any form ofassessmad; rexleuate, general, special, ordinary or extahodmary, or
<br />rental levy arax(oth.19mo inheritance, perwnalincome.restate taxes); improvement bond and/or license fee imposed upon arievied against any legal or
<br />equitable interest of lessor in the Premises or the Project, Les es right to other income Merefrom,and/or basset's business of leasing, by any authority having Me,
<br />direct or lntlirectpower to tax and where the funds are generated with reference u Me Building address. Real Property Taxes shall also include any tax, fee, levy,
<br />assessment or charge, or anymcrease therein: (0 imposed by reason of events occurring tiering the term ofthis tease, including but not limited to, a change in the
<br />ownership of [he PremBes, antl lii) levied or assessed on machinery orequipmerdprovitlud by Lessor fo Lessee pursuant to Nis tease,
<br />10.2 Pagrwn[ oFt'axes. Lessorshail PaYMe Real Property Taxes applicable to the Premises provded, however, Nat Lessee shall pay to taswr the amaun4 if
<br />any, by which Real Property Taxes applicable to the Premises increase over the 6=1 her year during which the Commencement Date Occurs ('Tax Increase"). Payment
<br />ofany such Tax Increase shall be made by Lessee N Lessor within 30 days after receipt of Lessors written statement setting forth the amount due and computation
<br />thereof. Barry such trues shall cows arty period of cue priorW or after the expiration or termihation of this lease, Lessee's share of such taxes shall be praate, W
<br />cover only that woman ofthe toot bill applicable to the period Mat his tease is in effect In the event Lessee iecurs a lam Charleroi any Rempayment retention,
<br />estimate the current Real Property Tags, and require that the Tax Increase be paid fo advance to Lessor by Lessee monthly in advance with the payment i fthe Base
<br />Rent. Such monthly payment shall be an amount equal to the amount of the estimated installment ofthe lax Increase divided by Me number of months remaining
<br />Were the month in which said installment becomes delinquent. When Me actual amount of the applicable Ta increase is known, the amount of such equal monthly
<br />advance paymerds shall be adjustad as required to pravide, Me funds needed t. our Me app plane ou im ease, ff the amountcolleRed by lessm,s insuNcmid SO pay
<br />the Tax Increase when due, Lessee shall pry Leswo upon demand, such addiconai sums asae necessary to pay such obligations. Advance payments may be
<br />intermingled with other moneys of Lessor and shall not bear interest. In the event of a Breach by Lessee in Me performance of its obiigatiov underthis Lease, Men
<br />any such advantt payments may betreateJ by Lessor as an adtlitronal5ecvriry Deposit
<br />10.3 Additional bounco omens. Notwithstanding anything to the mntraryM this pamgraph 10.2, Lessee shall pay to Lessor upon demand therefor the encrery
<br />of anyincrwsein Re al Property Tax es assessedbyreason of lassorfonsyrueinty the eecutplaced uponthe yr Me Pobylessee oral lessee's request., hY reason
<br />of any alterations or improvements to the Premisesmatle by Lesor subwquenttothe execution of this lease by Me Parties.
<br />10.4 bird Assessment If the Premises are not separately assessed. Lessee's liability shallbe an equitable Proportion .film Pax Increase Wall of the land and
<br />improvements included within the tax parcel assessed, such mOPOMQA to be mnclusluely determined by Lessorhom the respective valuations assigned in the
<br />assessor's work sheets or such other information as may be reasonably available.
<br />D15 Penopal Property Tas Lessee shall pay, prior to delinquency, all taxes assessed against and lovied upon lassee Owned AltruidN s, Milk, Installations,
<br />Trade Enures, furnishings, equipment and all personal property or lessee. When possible, lessee shall cause its Leem(aernetl Altemeons and Utility tnstaliations,
<br />Trade finures, furnishings, equipment and ail other personal property m be assessed and bitted separately tram the real property of Lessor. Ifany of tesseeb said
<br />Property Mail beassessed with Lessor's real property, lessee shall pay fats., the ton. attributable to Lessee's property within SO days after receipt of a.,MO.
<br />statement setting forth Me taxes appliable to Lessee's property,
<br />11. Milder and Services. Lessee shall pay for all water, gas, heat, light, poem,; telephone, bash dlsprrsal and other offices andservices supplied to the Premises,
<br />together with any taxes thereon. B any such services are not sepaately pretend or billed to Lessee, Lessee shall pay, a reasonable proportion, to be determined by
<br />Lessor, of all charges jointly metered or billed. There shall be no abatement of rear and Lessor shall Out be Gable in any respect whatsoever bribe inadequacy,
<br />SLaPPage, interruption ordiscrommonce of any utility tar service due to riot, strike.labor dispute, breakdown, a.khot repairer othercave beyond Lessor's
<br />reasonable-Otroi or in coaaeredan with governmendl request or directiom,
<br />12. As.1 Leserdard SuWeMng.
<br />32.1 lessors Covent Required.
<br />(a) lessee shall not voluntarily or by operation of law assign, tarsier, mortgage or encumber (collectively,"asslgnorassignmant") or sublet all or any
<br />part of Iessar s interest in this Lease or In the Premises without Lesor's prior written consent.
<br />to) Unless Lessee is a commutator, and its stud is publicly traded on a national suck exchange, a change in the control oftessee shall consctute an
<br />msignmentrein-mag consent The tansfeq on a cumulative basis, of 25%or )more ofthe uofing contra of lessee shall mrobtute a change in mnvol forth), propose.
<br />(c) The involvement oftessee or itsassets in any tansaction, m seriesoftmvacti.ns(by we, of merger Sale, acquisitor, financing, transfer, leveraged
<br />buyout or otherwise), whether or rota formal assignment tar hypothecation of the Lease or Lessee's assets occurs, which results or will resui in a redome. of the
<br />Net Worth of Lessee bran amount greater than 25%of such Net Korth as It was repnowmad at the time of the execution ofthis Lease or at the core of the mast
<br />recent assignment or which Lessor has consented, or as 1t exists immediately poor said trameaction or bansoctions consinucng such reduction, which ever was or is
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<br />INITIALS Last Edited: 3/18/2020 628 PM
<br />® 2017AIft CRE. All Rights Reserved. STG27.20, Revised 11411Q017
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