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greater, shall be considered an avoigrmen, of this Lease to which Lessor maywbhhvltl its consent "Net North Of learm" shall mean the net waM aftessee
<br />(eatluding any guaantors) established under generally accepted atcounfingprinciNles.
<br />(tl) An assignment orsuad pare
<br />ar withoutconsent shall, at tessart Inch n,beaandauitauranit orsubletre per a mocaphi3lreah,assor ra ¢Breach
<br />without the —AY If anynodce and gmcepeaod. R teswrelects to treat such unapproved assignment for subletting as a noncurabb Breach, Lessor ran either (i)
<br />terminate this Lease, or (Ti) upon 30 days written notice, increase the monthly Base Rent to 11" ofthe Base Rent Men in effect. Further, in the event of such Breach
<br />and rental adjustment, (i) the purchase pace of any option to purchase the Premises held by lessee shall be subject in similar adjustment to 11o%a the pace
<br />pnwbusly in efforL and (d) all fixed and non -fixed rental adjustments scheduled during the remainder of me tease tong shall be increased to 13(f%of the scheduled
<br />adjusted rent.
<br />(e) Lessee's remedy for any breach of Paragraph 12 i by Lessor shall be Rmited to compensatory damages and/orinjunctive relief.
<br />IT) Lessor may reasonably withheld coastal to a proposed assignment or subletting if lessee is in Default at the fime consent is requested.
<br />(g) Notwithstanding the beeping, allowing. de mmimis portion of the Premises, ie 20 square feet or less, to be used by a third party vendor in
<br />ce meandon with the installation of a vending machine or payphone shall not constitute a subletting.
<br />12.2 Teams and COMitiom Applicable taAssignment and Subletting.
<br />tat Regardless dWS-1"com"IL M assignment for i.11letarg shag :hl be eflerfive without the PJram. wrigen a grap6ag by such..igime Or
<br />sublessee of the abggadons for Lessee untler this Lease, (.I) release Lessee of any obligations hereunder, or gii) alter the primary liability of lessee for the payment of
<br />Rent or for the performance of any other obligations to he performed by Lessee.
<br />(b) Lessor may accept Rent or performance of Lessee'soblfgafions from any person other than Lessee pending approval or disapproval ofan assignment.
<br />grant,a delay in thea,.[or disapproval of such assignment not the acceptance of Rent or performance shall mnaboto a waiver or estoppel of Lessor's right to
<br />exercise IU remetlbsfor Leswe's Oehultor Breach.
<br />(c) lesser'Sconsentto any asognmentarsubietdng shag not constitute a consent to any subsequemmaignment orsubboing.
<br />(d) In the event of any Default or Breach by Lessee, Lessor may Informed directly ageing Lessee, any Guarantors or anyone else responsible for the
<br />performance of Lessee's obligations under this tease, including any assignee or sublessee, without first confounded Lessor's remedies against any other person or
<br />entity responsible therefor to Lessor, canonry secursryhed by lessor.
<br />(el Each request formnsent loan assignment at subletting shall be in wrmng, accompanied by information relevant to Lessar's determination as to the
<br />Financial antl oPeaummIl numonsibiiky aad appropriateness of the proposed assigneeor sublessee, including but not limited to the intended use and/or required
<br />modification of the Premises,HBO,, together with a fee of SSW as consideration for Lessor's conscering and processing said request tesueagrees topmvitle lessor
<br />with such other or additional information and/or documentation os may be reasonably requested. (see also Paragraph 36)
<br />If) Any assignee of, or sublessee under, this lease shall, by reason ofacceptingsreh assignment, entering intosuch subteen., or entering into possession
<br />of the Premises or any portion thereof, be deemed to have assumed and agreed an oformaad comply with each and every term, cormant, condition and obligaban
<br />herein to be Observed or performed by Lessee during the term of said assignment for sublease, other than such obligations as are contrary to or inconsistent with
<br />paoakbns of an assignment orsublease to whkh Lessor has specifically consented to in willing.
<br />(g) Lessor's consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease
<br />unless such transfer is gum ficaliy consented to by Lessor in writing. (See Paaegmpb 322)
<br />12.3 Additional Terms and Contlitbns Applicableas Subletting. The bltawmg teams and conditions shall apply to any subletting by Lessee of ail or any part of
<br />the premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein:
<br />(m) Lessee hereby assigns and transfers to Lessor all of Lessees interest in all Rent payable on any sublease, and Lezwr may collect such Pent and apply
<br />same (award Lessee sighayg es, under this Lease; provided, however, that undl a Breach shall occur m the performance of Lessee's obligations, Levee may collect
<br />sad Rent.Inthe event that the amount collecbd by Lessureaeeds lessfe's then outstanding obggadonsanysuch excess shall be refunded to lessee. Lessor Mall
<br />not, by reason of the bregning or anyavign mind Of such sublease, nor by reason of the mllechog of Rent, be deemed liable to the sublessee for any failure of Lessee
<br />an Perform and comply with any of Lessee'sobiigatinns Mourn sublessee. Lessee hereby irrevocably authoan=sand Jiretts anYsuch sublessee, upon receipt of a
<br />written notice from Lessor staring that Beach exists in the performance of Lessee's Obligations under this tease, to pay to longer all Rent due and b become due
<br />under the subbase. Sublessee shall rely upon arty such notice from lesser and shag pay all Rents to Lessor without awry ablapoon or right to inquire as to whether
<br />such Breach exists, notwithstanding any claim from Lessee w the contrary.
<br />lb) In the evented a Breach by lessee, lesmr madatIts opmmmquire sublessee to altar. to Lego, in which event Lessor shall undertake the
<br />obligations of the sublessor under such sublease from the dmeof the f anboof said Option tome expbalbn sfsuch sublease: amended, however, Lessorshan notbe
<br />liable dr any prepaid rents Onagnhydepositpaidbysuchsublessee such le.shalt ]. diner ecragsor (reaches oFsuch sublessor
<br />to) Any matter requlringttm -minor If the sublessor order. sublease shailalso quite the consent of lessor.
<br />(d) No sublessee shall further avign or suble[all or any partof the Premises without Lesor's priarwritten consent.
<br />(a) lessor shall deliver a may of Invention Of Deiaull or Breach by Lessee tothe sublessee, who shag haethe aghtte cvrethe Default Of Lessee within
<br />the grace period, if any, specified in such tmdce. The sublessee shall have a right of reimbursement aad offseufmm and aping Lessee anany surd Defbuhs cored by
<br />thesubiessee.
<br />13. Defaulfi Breach; Remedlex.
<br />I3.1 Dehulp Breach. A "Dehuk"is defined as a failureby the lessee to comply with or perform any ofthe terms, covenants, coMifions or Rules and
<br />Re.1ti ations under this tease. A "Breach' is defined as the Occurrence of one or mom of the following Defaults, and the failure of Lessee to cure such Default within
<br />anyapplimble game period:
<br />(a) The abandonment of me promises, or the varafing of the Premisas without prwding a commercially reasonable level of security, or where the
<br />coverage of the property insurance described in Paragraph 8.3 is jeopardized as a result thereat or without providing reasonable assumnres to minimize potential
<br />vandalism.
<br />(b) The future of lessee to make any payagai pentmany Security Deposit required to be made by Lessee hereardcq whether to Lesser art. .third
<br />parry, when due, M provide reasonable evidence of insurance or surety bond, or to fulfill any abggodvn under this Lease which endangers for threatens life or
<br />property, where suchhllaue mndnues (fora period of 3 business days tollmving written notice to Lersee. THE ACCEPTANCE BY tESSOROF A PARTIAL PAYMENT OF
<br />RENT OR SECURITY DEPOSIT SMALL NOT OC NSTttttIE A WAIVER OF ANY OF LESSOR'S MGM INCLUDING LESSOR'S RIGHTTO RECOVER POSSESSION OF THE
<br />PREMISES.
<br />(c} Thefailure of lessee[o allow lessor anJ/or its agents access loth¢ Premisesarthe mmmissianafwaste, odor acts canstimdng public orprivate
<br />nuisance, and/or an illegal activity an the Premiwsby Lessee, where such allonicoaafinue bra period any business days followingwrkfen notice to Lessee. In the
<br />vent that Lessee mmmils waste, a nuisance or an Illegal activity a second time then, the Lessor may elect to treat such conduct as a rmn-aurdbie Breach rather than a
<br />Default
<br />lllfl-/
<br />/(d) Thefailure by Lessee to Page 9 of 16
<br />inedelt)reasonabiewriftin endenceofmmpluo. with Applicable Requirements, lit) theserocemobacts,(1ii) the
<br />FL
<br />INIT1gi$ Last Edited: 3/18/2020 6:28 PM INITIALS
<br />LD 2017AIR CRE. All Rights Reserved. STG-27.20, Revised 11-01-2017
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