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WNIM11:111PA.I
<br />validity of this Lease or change the Expiration Date. Lessee shall not, however, be obligated to pay Rent or perform its other obligations until Lessor delivers
<br />possession of the Premises and any period of rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and
<br />continue for a period equal to what Lessee would otherwise have enjoyed under the terms hereof, but minus any days of delay caused by the acts or omissions of
<br />Lessee. If possession is not delivered within 60 days after the Commencement Date, as the same maybe extended under the terms of any work Letter executed by
<br />Parties, Lessee may, at its option, by notice in writing within 10 days after the end of such 60 day period, cancel this Lease, in which event the Parties shall be \J�r
<br />discharged from ail obligations hereunder. If such written notice is not received by Lessor within said 10 day period, Lessee's right to cancel shall terminate. If
<br />possession of the Premises is not delivered within 120 days after the Commencement 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 tote rider possession of the Premises to Lessee until Lessee complies with its obligation to provide
<br />evidence of insurance (Paragraph 8.5). Pending delivery of such evidence, Lessee shall be required to perform all of its obligations under this Lease from a iaRer the
<br />Start Date, including the payment of Rent, notwithstanding Lessor's election to withhold possession pending receipt of such evidence of insurance. Fu r, ilLessee
<br />is required to perform any other conditions prior to or concurrent with the Start Date, the Start Date shall occur but Lessor may elect to withhold posAssio ndl such
<br />conditions are satisfied.
<br />4. Rent.
<br />4.1 Rent Defined. All monetary obligations of Lessee to Lessor under the terms of this Lease (except for the Security Deposit) are deem t e rent ("Rent")-
<br />4.2 Payment. Lessee shall cause payment of Rent to be received by Lessor in lawful money of the United States, without offset r deducti except as
<br />specifically permitted inthis Lease), on or beforethe dayon which it is due. All monetary amounts shall be rounded to the nearest wh e o r. In [ r<event that any
<br />invoice prepared by Lessor is inaccurate such inaccuracy shall not constitute a waiver and Lessee shall be obligated to pay the amounts fo m ni, Lease. Rent for
<br />any period during the term hereof which is for less than one full calendar month shall be prorated based upon the actual nu days aid month. Payment of
<br />Rent shall be made to Lessor at its address stated herein or to such other persons or place as Lessor may from time to tim e,Ign,t in w ng. Acceptance of a
<br />payment which is less than the amount then due shall not be a waiver of Lessor's rights to the balance of such Rent, regar s of L 's ebdorsement of any check
<br />so stating. In the event that any check, draft, or other instrument of payment given by Lessee to Lessor is dishonored ny r� Lessee agrees to pay to Lessor
<br />the sum of $25 in addition to any Late Charge and Lessor, at its option, may require all future Rent be paid by cas - s the Pa enis will be applied first to accrued
<br />late charges and attorney's fees, second to accrued interest, then to Base Rent, Insurance and Real Property Ta. , anJre aini amoun[to any other
<br />outstanding charges orcosts.
<br />4.3 Association Fees. In addition totheBase Rent, Lessee shall payto Lessoreach mooch an amount equal tor's association or condominium fees
<br />levied or assessed against the Premises. Said monies shall be paid at the same time and in the same manner as the B
<br />S. Security Deposit. Lesseeshall deposit with Lessor upon execution hereof the Security De it as security for Lessee's faithful performance of its obligations
<br />under this Lease. If Lessee fails to pay Rent, or otherwise Defaults under this Lease, Lessor m use, apply or retain all or any portion of said Security Deposit for the
<br />payment of anyamount already due Lessor, for Rents which will be due in the future, and/omburse or compensate Lessor for any liability, expense, loss or
<br />damage which Lessor may suffer or incur by reason thereof. If Lessor uses or applies al any por of the Security Deposit, Lessee shall within 10 days after
<br />written request therefor deposit monies with Lessor sufficient to restore said Securi epesit [o thef l,amount required by this Lease. Ifthe Base Rent increases
<br />during the term of this Lease, Lessee shall, upon written request from Lessor, depo addi al monies with Lessorso that the total amount of the Security Deposit
<br />shall at all times bear the same proportion to the increased Base Rent as the initial S ' Deposit bore to the initial Base Rent. Should the Agreed Use be amended
<br />to accommodate a material change in the business of Lessee or to accomm to a subl ee or assignee, Lessor shall have the right to increase the Security Deposit
<br />to the extent necessary, in Lessor's reasonable judgment, to account for any cr wea nd tear that the Premises may suffer as a result thereof. If a change in
<br />control of Lessee occurs during this Lease and following such change the fina ial ndi of Lessee is, in Lessor's reasonable judgment, significantly reduced, Lessee
<br />shall deposit such additional monies with Lessor as shall be suffici o use Security Deposit to be at a commercially reasonable level based on such change in
<br />financial condition. Lessor shall not be required to keep the Se rity Dep i[se rate from its general accounts. Within 90 days after the expiration or termination of
<br />this Lease, Lessor shall return that portion of the Security Deposi of u led by Lessor. Lessor shall upon written request provide Lessee with an accounting
<br />showing how that portion of the Security Deposit that w e to was applied. No part of the Security Deposit shall be considered to be held in trust, to bear
<br />interest or to be prepayment for any moniesto be poi y Lessee de his Lease. THE SECURITY DEPOSITSHALL NOT BE USED BY LESSEE IN LIEU OF PAYMENT OF
<br />THE LAST MONTH'S RENT. N
<br />6. Use.
<br />6.1 Use. Lessee sha I use and occupy the Premiseso rthe Agreed Use, or any other legal use which is reasonably comparable thereto, and for no other
<br />purpose. Lessee shall not use or permit the use of the Premises in a manner that is unlawful, creates damage, waste or nuisance, or that disturbs occupants of or
<br />causes damage to neighboring premi sor properties. Other than guide, signal and seeing eye dogs, Lessee shall not keep or allow in the Premises any pets, animals,
<br />birds, fish, or reptiles. Lessor shal t unreasonably withhold or delay its consent to any written request for a modification of the Agreed Use, so long as the same will
<br />not impair the structural integriK oft improvements on the premises orthe mechanical or electrical systems therein, and/or is not significantly more burdensome
<br />to the Premises. If Lessor el s to withh consent, Lessor shall within 7 days after such request give written notification of same, which notice shall include an
<br />explanation of Lessor'so' coons [o the change in the Agreed Use.
<br />6.2 Hazardous S rant
<br />(a) Reportabl es Require Consent. The term "Hazardous Substance" as used in this Lease shall mean any product, substance, or waste whose
<br />presence, use, m cture, osal, transportation, or release, either by itself or in combination with other materials expected to be on the Premises, is either: (1)
<br />potentially injurio to blic ealth, safety or welfare, the environment or the Premises, Ili) regulated or monitored by any governmental authority, or (III) a basis
<br />for potential liabilit of ssor any governmental agency orthird party under any applicable statute or common law theory. Hazardous Substances shall include, but
<br />not be ite , by ocarbons, petroleum, gasoline, and/or crude oil or any products, by-products or fractions thereof. Lessee shall not engage in any activity in or
<br />on t Premise whit constitutes a Reportable Use of Hazardous Substances withoutthe express priorwritten consent of Lessor and timely compliance (at Lessee's
<br />expen wit t%ppli able Requirements. "Reportable Use" shall mean (i) the Installation or use of anyabove or below ground storage tank, (ii) the generation,
<br />10"%Lsior1Qto rage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration or
<br />busine la required to be filed with, any governmental authority, and/or (iii) the presence at the Premises of a Hazardous Substance with respect to which any
<br />Applicab Requirements requires that a notice be given to personsentering or occupyingthe Premisesor neighboring properties. Notwithstanding the foregoing,
<br />Lessee y use any ordinary and customary materials reasonably required to be used in the normal course of the Agreed Use, ordinary office supplies (copier toner,
<br />id per, glue, etc.) and common household cleaning materials, so long as such use is in compliance with all Applicable Requirements, Is not a Reportable Use, and
<br />doe not expose the Premisesor neighboring propertyto any meaningful risk of contamination or damage or expose Lessor to any liability therefor. In addition,
<br />Lessor may condition its consentto any Reportable Use upon receiving such additional assurances as Lessor reasonably deems necessary to protect itself, the public,
<br />INITIALS INITIALS
<br />O 2019 AIR CRE. All Rights Reserved. Last Edited: 4/30/20204:53 PM
<br />STN-27.30, Revised 11-25-2019 65 B-68 Page 3 of 16
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