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improved by Tic mall, subJccl to mdhldry weer and mar, For the avoidance of doubt, it is underatoad slid agreed that, prior to the date upon which ilia
<br />Plain ]sea Is still all by Tenant under this Secimn 37 1 Tenant shall be required to remove ti•om the Promises all of the To nnnt's Personal
<br />Property and all Leasehold Improvements designated far removal by Landlord in accordance with Section 10.5 below (and all damage caused by
<br />such r'omoval repaired).
<br />3.3.2 1f7enant fall is to remove any of the Tenant's Palaonat Property Ilia in Ilea Promises (er any portion thecof) prior to the
<br />expiration Or any earlier termination of (be Term (with respect to applicable portion of the Promiaos), and such failure continues I'or Live (5) days
<br />following Landlord's delivery of notice tlwrouf, Tenant shall be deemed to have abandoned the same, In which case: (a) Landlord $hail have the
<br />right, m Tenant's expense, to remove the sane from the same floor the Premises (and to repair oily damage caused by such removal) and (b) to
<br />thereafter; (I) store the same at Tenant's expense, (ii) appropriate the sane for Itself, and/or (ill) sell or otherwise dispose of file same In its solo
<br />discretion, with no liability to Tenunt, in whlah case, Tammit shall reimburse Landlord for all costs ineurn'ed by Landlord In connection with any such
<br />removal, repnirs, storage and/or disposal, plus a ten percent (10%) administration fee thereon, upon demand. In addition, If Tenant fails to remove
<br />from the Premises (or ally portion thereof) all Leasehold Improvements designated for removal by Landlord in accordance with Sec(ier 10.5 below
<br />Auditor to repair ull damage caused by Its removal of any such Leasehold Improvements (andlor its Tenant's Personal Property), In either case, prior
<br />to the expiration or any earlier termination of the Term (with respect to applicable portion of the Premises), Landlord shall have the right to remove
<br />the same flan the Premisea (or the applicable portlon therool) andlor to repair such daermgn at Tenant's expense, In which case, Tenant shall
<br />reimburse Landlord lot all costs incurred by Landlord in connection therewith, plus a ton percent (10°A) admlmistradion tee thereon, upon demand.
<br />This SeRljgq,3 3 2 shall survive Ilia explmdon or any earlier Rumination of the Tern ofthls Lease,
<br />3,33 If Tenant fails to surrender the Premises (or any portion thereof) lit accordance with this Lease (including, without
<br />linnhutimh, Section 311 1 Above), or ottorwiset holds possession of the Premises (or oily portion thereof) after the expiration or termination of the
<br />Term, Tenant shall become a tenant at suillo mnee upon all of the terms contained herein, except as to term and Base Rent, During such holdover
<br />period; Tenant shall pay to Landlord a monthly fuse Rent lit an amount equal to the HoldovarRontal Rate. The monthly Base Rent payable far such
<br />holdover period shall in no event be construed as n penntty or as liquidated damages for such retention of possession. Neither any provision helvof
<br />nor any comptance by Landlord crony Rao[ after any such expiration or earlier termination shall be deemed a consent to ally holdover hereunder or
<br />result in a renewal of this Lease or all extension of the Term, or any waiver of any of Landlord's rights or remedies will'raspoet to such holdover.
<br />Tenant Shall Indemnity, defend and hold Landlord harmless from and against ally and all Claims (including, without ilmitedon, for lost profits and
<br />other consequential damages, attorneys' fees, consultants' fees and court costs) incurred or suffered by or asserted against Landlord by reason of
<br />Tenunt'$ failure to surrender the Premises in accordance with dire proybdons of this Lenso ore die expiration or earlier torldnution of this Lease,
<br />ARTICLE 4—RENT ANDOTHIM ClIARGES
<br />4.1 use Re%. Tenant agrees to pay during the Initial Term of [his Lease as Base Rent for the Promises, me sums shown for ilia
<br />podia$ shown in Italli 4 of the Basic Lease Provisions. Except as expressly provided otherwise beroin, Base Rent shall be payable in equal
<br />consecutive monthly installments, in advance, commencing on the Commieu unsaiL Dale and continuing on the tenth (10) day ofeach calendar month
<br />thereafter; provided that ilia first Rill monthly Insmllmont of Base Rent, described In Item 4 of the Basic Lease Provisions, shall be.payablo upon
<br />Tenant's execution of this Lease. Landtord will cooperate with Tesnant to accommodate payment of Rent (or certain types of [tent) via ACH
<br />payments.
<br />4.2 T'mmnt's Pencatnae ."chore, Sultiocf to ilia provisions of this Lease and In accordatce with n' t ", attached hereto, in
<br />addition to paying Base Rent, with respect to each Expense You (defined in Exhlbil "E'9 Tenant shall also pay: (a) T'onant's Percentage Share
<br />(defined in Exhibit "E"I of Excess Operating Expenses (defined In E l>LL,Lh'iCl") and (b) Tenant's Percentage Share ot'Cxceso Property Taxes (defined
<br />Ill E 'bit"",'),
<br />4.3 Pariein¢ Rees,
<br />4.3.1 Suhiect to Jgcdn r� 3 2 Ibelow, an the first day of each calendar month during the Tenn, Tenant shalt pay to Landtord
<br />(or at tile request or Landlord, to I.undle•d's desiguateld parking operator) Landlord's then prevailing charge (die "Parking Rees") for All Putting
<br />Passes relied by Teoahl for such calendar mouth. Such Parking Fees shall be in addition to All taxes, asscssmernts or Other inhpesitimns imposed by
<br />Ally governmental entity in collection with Tenant's use of such Parking Passes, which nixes, assessman4s or other impositions shall he paid by
<br />Tenant, or If required to be psld by Landlord, Shull be reimbm'sed to Landlord (or at the request of Landlord, to Landlord's daSlgnated parking
<br />operator) by Tenant concurrently with the payment Af 19e Parking Pees descrbed above•
<br />432 The Parking Fees payable with respect to the first eighty-four (84) Parking Passes rented by'fennnt during tho Initial
<br />Term (and the chages for all Short Term Project Parking Validations and Legg Term Project Parking Validations provided by Lundlmd to 'Tenant
<br />(pusuont to Section 2 7 c ii) Above) durhlg tiro initial 'term) are included in the Base treat payable by'Tenaut with respect to dho Promises during
<br />the loltle Ternl. -
<br />4.3.3 The Parking Pees payable with respect to all Parking Passes rented by Tenant during all Extension Tern (and the
<br />cluu•goa I'm, all Short Term Project Parking Validations slid Long Teror Project Parking Validations provided by Landlord to 'Thant (pnrsunnt to
<br />Section 2.3(061) Above) durhlg an Esonsion 'Perna) shall be detorminod In connection with the FMRR prod Extension Term Base Relit) per the
<br />Promises for such Exlesainn loon. slid simll be added to (and Included in) the Extension Tom Bose Rem[.
<br />4.4 foment of Itant.
<br />4!4.1 Caae•nlly. Bose Rent, all Loons of Additional Rent payable hereunder by Tenant And all other Amounts, fees.
<br />payments or charges paynbic hereunder by Tenant shall Loch: (it) constitute ram prryab'le hereunder (sometimes col loctively be referred to hereto as
<br />`Bent y, (b) be payable Lo Landlord whet (Ilia WRIZOW any prior notice or demand iherelbr In lawful money of (he United Stales and, except As may
<br />be expressly provided in the contrary in this Lease, without Ally ahnmnreu, offset or deduction whatsoever. and (c) be payable to Luodlonl A (he
<br />addresa crl..Andlcrd desoribed in Iteul I ofthe Basic Lapse Provisions or to &tell other Person or place ns Llsollord may Riau time to time designnte
<br />sol i6 cNe Cerrlrr/h—Ci{7 ufsanra Ana Lease .7,
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