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hereof, and shall control in the event of boundary and access discrepancies between it and <br />Exhibit "B". Costs incurred by LESSEE for such work shall be borne by LESSEE. <br />3. TERM. This .Agreement shall be effective as of the Effective Date; provided, <br />however, the initial term shall be for ten (10) years ("Initial Term") and shall commence, and the <br />Prior Lease shall be deemed terminated, as of October 31, 2020 . Upon termination of the Prior <br />Lease, the Prior Lease shall become mill and void and the Parties shall have no further <br />obligations under the Prior Lease. Renewal terms are set forth below in Section 5. The Parties <br />ratify and re -affirm the terms of the Prior Lease as of January 1, 2020 until October 31, 2020. <br />4. RENT. <br />a. Rental payments will be due in an annual rental amount of Twenty -Eight <br />Thousand Eight Hundred Dollars ($28,800.00) ("Rent") to be paid in <br />equal monthly installments of Two Thousand Four Hundred Dollars <br />($2,400.00) per month on or before the first day of the month, in advance, <br />to LESSOR or to such other person, firm or place as the LESSOR may, <br />from time to time, designate in writing at least thirty (30) days in advance <br />of any rental payment date, Rent shall commence on November 1, 2020, <br />provided the Parties acknowledge and agree that the initial payments of <br />the Rent may not be delivered by LESSEE until at least 90 days after the <br />Effective Date. If Rent is not paid within ten (10) days after the due date <br />and provided LESSOR has complied with all applicable notice and cure <br />provisions herein, LESSEE agrees to pay a late charge equal to Ten <br />Percent (10%) of the then -current monthly Rent, The Parties hereby agree <br />that such late charge represents a fair and reasonable estimate of the costs <br />incurred by LESSOR in the event of the late payment of Rent. Rental <br />amounts attributable to partial months shall be prorated on a daily basis. <br />The Parties acknowledge and agree that, notwithstanding the termination <br />of the Prior Lease and the commencement of this Agreement, LESSEE <br />may continue to make, and LESSOR may continue to receive, rental and <br />other payments pursuant to the Prior Lease. In such event, any rental or <br />other payments made pursuant to the Prior Lease after its termination shall <br />be applied and credited against the Rent and any other payments due under <br />this Agreement. <br />b. Rental payments are subject to an annual increase of three (3) percent <br />effective on November I" of each year. <br />5. EXTENSIONS. The Agreement may be extended for up to three (3) additional <br />five (5) year terms (each a "Renewal Term"). Each Renewal Term shall be on the terms and <br />conditions as set forth herein as follows; <br />a, Six (6) months prior to the expiration of the Initial Term, if LESSOR, in <br />its reasonable discretion determines that LESSEE's continued tenancy is not in conformity with <br />LESSOR's intended use of the Property, LESSOR shall provide written notice to LESSEE that <br />the Agreement will not be extended. <br />422948v2 <br />