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3.3 Delay In Possession. Lessor agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Commencement
<br />Date. If, despite said efforts, Lessor is unable to deliver possession by such date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the
<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 may be 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
<br />discharged from all 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 to tender possession of the Premises to Lessee unlit 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 and after the
<br />Start Date, including the payment of Rent, notwithstanding Lessor's election to withhold possession pending receipt of such evidence of insurance. Further, If Lessee
<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 possession until 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 deemed to be 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 or deduction (except as
<br />specifically permitted in this Lease), on or before the day on which It is due. All monetary amounts shall be rounded to the nearest whole dollar. In the 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 amount set forth in this 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 number of days of said 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 time designate In writing. 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, regardless of Lessor's endorsement 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 for any reason, 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 cashier's check. Payments 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 Taxes, and any remaining amount to any other
<br />outstanding charges or costs.
<br />4.3 Association Fees.IDtentlollally 0mitted. 1A addition %a %he Rase Ranit, . "gee shall Pay 40 1 e6600 RaGh 01-11th 2A 21FIGIARt e4iial IQ any OWAeg'S
<br />S. security Deposit. Lessee shall deposit with Lessor upon execution hereof the Security Deposit as security for Lessee's faithful performance of its obligations
<br />under this Lease. If Lessee falls to pay Rent, or otherwise Defaults under this Lease, Lessor may use, apply or retain all or any portion of said Security Deposit for the
<br />payment of any amount already due Lessor, for Rents which will be due in the future, and/ or to reimburse 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 all or any portion of the Security Deposit, Lessee shall within SO days after
<br />written request therefor deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. If the Base Rent Increases
<br />during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor so 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 Security 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 accommodate a sublessee 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 increased wear and 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 financial condition of Lessee Is, in Lessor's reasonable judgment, significantly reduced, Lessee
<br />shall deposit such additional monies with Lessor as shall be sufficient to cause the 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 Security Deposit separate from its general accounts. Within 90 days after the expiration or termination of
<br />this Lease, Lessor shall return that portion of the Security Deposit not used or applied by Lessor. Lessor shall upon written request provide Lessee with an accounting
<br />showing how that portion of the Security Deposit that was not returned 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 monies to be paid by Lessee under this Lease. THE SECURITY DEPOSIT SHALL NOT BE USED BY LESSEE IN LIEU OF PAYMENT OF
<br />THE LAST MONTHS RENT.
<br />6. Use.
<br />6.1 Use. Lessee shall use and occupy the Premises only for the 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 a nuisance, or that disturbs occupants of or
<br />causes damage to neighboring premises or properties. %— any pats an irials
<br />biWc, lishracreptiles . Lessor shall not 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 integrity of the improvements on the premises or the mechanical or electrical systems therein, and/or is not significantly more burdensome
<br />to the Premises. If Lessor elects to withhold consent, Lessor shall within 7 days after such request give written notification of same, which notice shall include an
<br />explanation of Lessor's objections to the change In the Agreed Use.
<br />6.2 Hazardous Substances.
<br />(a) Reportable Uses Require Consent. The term "Hazardous Substance" as used In this Lease shall mean any product, substance, or waste whose
<br />presence, use, manufacture, disposal, transportation, or release, either by itself or In combination with other materials expected to be on the Premises, is efther: ())
<br />potentially Injurious to the public health, safety or welfare, the environment or the Premises, ()I) regulated or monitored by any governmental authority, or (III) a basis
<br />for potential liability of Lessor to any governmental agency or third party under any applicable statute or common law theory. Hazardous Substances shall Include, but
<br />not be limited to, hydrocarbons, 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 the Premises which constitutes a Reportable Use of Hazardous Substances without the express prior written consent of Lessor and timely compliance (at Lessee's
<br />expense) with all Applicable Requirements. "Reportable Use" shall mean (i) the installation or use of any above or below ground storage tank, (ii) the generation,
<br />possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration or
<br />business plan Is required to be filed with, any governmental authority, and/or (III) the presence at the Premises of a Hazardous Substance with respect towhich any
<br />Applicable Requirements requires that a notice be given to persons entering or occupying the Premises or neighboring properties. Notwithstanding the foregoing,
<br />Lessee
<br />may use arty ordinary and customary materials reasonably required to be used In the normal course of the Agreed Use, ordinary office supplies (copier toner,
<br />INI is INITIALS
<br />2019 AIR CRE. All Rights Reserved. Last Edited: 7/13/202010:35 AM
<br />STN-27.30, Revised 11-25-2019 Page 3 of 16
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