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that the-structural olemanu of tha roof, bearing wallt and leandatoun ot-any buildings ontha Eremites (the t Building'1) shall be-free afmaterial delectSt-and that the
<br />Prenusesdo-notcontamhaiardevtlevaltvf-any mold-osdungUleltnedastoxic.undar.appiicabUnUteot.federal law. Ilanon-cemplianca wlthtald warranty exists at
<br />ofthe-Start Pate, of If ana of such systemser alementi shouldmaltuoction os-fall within tha appropriate wsmnty period, lessor shall, at lessor'i tola obligation with
<br />retpecUo-tuch matter, except at otherwise provided in-ihls Lease, promptly after.raeeipt.ef written notice from lessee tatting lorth-wlth cpaclttcity tha nature and
<br />extant of tush non-compliance, malfunction or failure, roctify-saroe-oUessos's expense. Thewartanty parlods-shall be ai follows: JiJ-6-montht-atto the HVAC systems,
<br />and <fi)-iOdayt.ac.totha remaining systems and other elements aHhe-Building. If latteadoat notfliua Lessor the required notice within the appropriate, warranty
<br />period, corractlosM>fany.tuch.noo-coniplianco,malfunction or fa.lure-sUall-be. the obligation of Lessee at lauaa'tcolacott.and expanse. Uttor alto-warrants, that.
<br />unioss-otherwiso tpoctflad in writing, Lessor-la unawaroof-Ojany recorded Notices of Default affecting the Premise; (II) any delinquent amounts duo under any loan
<br />securedby. the Premises; and (iii) any bankruptcy proceeding affecting tlta Premltes.
<br />24—compliance. Lector warrants thabto.the beet offtt-kaowledge the Improvements on thePramisos comply with tho building codes, applicable laws,
<br />covenants or restrictions of record, regulations, and prdlnancet-j-'IAppllceblo Requirements'!} that ware In effect atthetimothat-aach improvement, or portion
<br />thereof, was constructed,- Said warranty does not apply to the ucelo which tasseowill put the Promises, modlBcatfonc which maybe required bytthe-Americans with
<br />Dicabllltlet Actor any.similar-laws as a.tosult ol Uuae’c use(see Paragraph 49), or-to any Alterations or Utility.IntlaUationi (as-deflnad.in Paragraph.7.3(a)) made or to
<br />be made by lessee. NOTE; UrteaftracponclbU far determining whether or not the Applicable. Requirements, and aepaclally the toning, are appropriate for
<br />lessee's Intended ole, end acknowledges that pact usesof-ths-Pramlsos may nolon|ar be allowed. If the Promises do not comply with raid-warranty, Loner shall,
<br />except at otherwise provided, -promptly aftesrocelpt-olwrittoB notice froro-lossoe sotting forth with spaciHslty-tha erasure and extent of tuth non-compliance, rectify
<br />thaeamaetUHOtlc-expente^lt-teiieadoee not give Uttor written notice of a non-compliance with Ihls-wartanty within 6 montht following the Start Date,
<br />correction of that non-compliance (hall be the obligation of lettae at Lessee's sola cost and expanse, If the Applicable-Pequiraroants are hereafter changed to at to
<br />requireduring.the, term of this Loan the construction oUn-addmon-to or an alteration of the Premises and/or Building, -the remediation of. anyHaaardous Substance,
<br />or the reinforcement or ether phytlcal modification of tha-IJnitrPramlsos and/or8ulldlng|UCepltal Expenditure'), Lector and latteethall allocate the cott of tuch
<br />work-as-follows;
<br />(a)—Subject to Paragraph-3.3(c)-below, if Such-Capital-Expenditures atarequiced ata remit of the tpacilic and.unique use.of the Premises by lettee at
<br />compared with met by tenants Inganaral, Lettae thall be fully retpontlble-fot-the coit thereof, provided, houuaver,-that IfcuchCapitafSxpenditure It required during
<br />thelast-j-yeaes-oithis-lease-andtho cott thereof exceedi 6 months'-ttaseRantr Lessee may Instead terminate thltleate imlett. lector notihec Lessee,-In. writing,
<br />within in rtayt after iwipt nf 1 aicnn't tormlruHnn nnHrg that I ottnr hat alerted tn pay th° dlKaranre (ha art.,el ratt and an amn.int erpi.l tn fi
<br />months'.flase Bent. If.LetteeelocH termination,bectee thall immediately ceatethe-uceofthe Premltet whichrequites tuch Capital Expenditure anddaliuer to Conor
<br />written notice specifying a termination date at leact BO dayt thereafter— Suchtecminatlen date chall,. however, Inna event be earlier than tho4actday4hatU»ee
<br />could legally utlEte-lha Premises wlthoutcommencing cuchCapital.txpendlturo.
<br />fb)—If tuch CapitaHiapendUuro It not tha recult of the tpeciflc and unlqueute of.tha.PremitotbyUiteaftuch at, gouernmantally mandated celcmlc
<br />modlflcatlont), then tectorchall pay for tuch Capital Expenditure and Lettae thall only .bo-obligated to pay, each month Curing tho cemainde r-of therarm of thit toaie
<br />or any.extention thereof, on tha date that on which the-BateBant it due, an amount equal to 1/l^hthof the portion of tuchcotU reatonably attributable to the
<br />Premises.-Lessee shall pay interest on the balance but may prepay itsobligation at any.time.-lf, howeverrtuch Capital Expenditure Is required during the latt 3. years
<br />of thit Loateot-lf-lattot reatonably determiner that it It not econotnically.featlble.to.pay.itc-thate thereof, (.error thall haua tha option, to tarminaterhlc leace upon
<br />90 dayt prior written notice to Lessee untetc Lessee.notifies Lessor, in wrlHngrwithin iOdayc afterueceiptof.Ucroc'etermlnatlon.notice that Lettee wlllpay forcuch
<br />CapitaUxpcndlturo. If Lessor doet net elect to termlneterand faHetotender Itt share-of any tuch Capital Expenditure, lettee may advance tuch fundt and deduct
<br />tame, with Interact, from Bant until Lettor't chare of cuchrottt haue been fully paid. If Lessee Is unable to financeiettor'nharer or if tha balance of the Bent due
<br />andpayabte for the remainderof thic Uace it not.tuftdenUofuliyrelmbtirce lecteeonan offcebbatiCrXeccae thall have the right toterminatedhlc laate upon 30
<br />dayt written notice to lector.
<br />(cj—Notwlthttanding the abeue, the previsions concerning-Capltal Expenditures are Intended to apply only te non-voluntary, unexpected,-and new
<br />Applicable Requirements. .If I he Capital Expenditures are inttead triggered by Letcae as a recult of an actuator proposedchange in uie,changeln Intenclty of ute, or
<br />modification to. tha Premltet then, and in that euant,. Lettee thall either; (I) immediately ceace tuch changed uta or Intancltyofote and/or take tuch other- ctept-ap
<br />may be nacetcary to eliminate the requirement for tuch Capital Expenditure, or-(H) complete tuch Capital ixpandUutaatilc-own expence. Lettee thall not, however,-
<br />haue anyrightto-ter urinate thlc teate.
<br />2.4 Acknowledgements. Lessee acknowledges that: (a) it has been given an opportunity to inspect and measure the Premises, (b) It has been advised by
<br />Lessor and/or Brokers to satisfy Itself with respect to the site and condition of the Premises (Including but not limited to the electrical, HVAC and Bre sprinkler
<br />systems, security, environmental aspects, and compliance with Applicable Requirements and the Americans with Disabilities Act), and their suitability for Lessee's
<br />Intended use, (c) Lessee has made such Investigation as it deems necessary with reference to such matters and assumes all responsibility therefor as the same relate
<br />to its occupancy of the Premises, (d) it is not relying on any representation as to the site of the Premises made by Brokers or lessor, (e) the square footage of the
<br />Premises was not material to Lessee's decision to lease the Premises and pay the Rent stated herein, and (f) neither lessor. Lessor's agents, nor Brokers have made
<br />any oral or written representations or warranties with respect to said matters other than as set forth In this lease. In addition. Lessor acknowledges that: (I) Brokers
<br />have made no representations, promlsesor warranties concerning Lessee's ability to honor the Lease or suitability to occupy the Premises, and (II) It Is Lessor's sole
<br />responsibility to Investigate the financial capability and/or suitability of all proposed tenants.
<br />2.5 Lessee as Prior Owner/Occupant. The warranties made by Lessor In Paragraph 2 shall be of no force or effect If Immediately prior to the Start Date Lessee
<br />was the owner or occupant of the Premises. In such event. Lessee shall be responsible for any necessary corrective work.
<br />3. Term.
<br />3.1 Term. The Commencement Date, Expiration Date and Original Term of this Lease are as specified in Paragraph 1.3.
<br />3.2 Early Possession. Any provision herein granting Lessee Early Possession of the Premises Is subject to and conditioned upon the Premises being available
<br />for such possession prior to the Commencement Date. Any grant of Early Possession only conveys a non-exclusive right to occupy the Premises. If Lessee totally or
<br />partially occupies the Premises prior to the Commencement Date, the obligation to pay Base Rent shall be abated for the period of such Early Possession. All other
<br />terms of this Lease (Including but not limited to the obligations to pay Real Property Taxes and Insurance premiums and to maintain the Premises) shall be in effect
<br />during such period. Anysuch Early Possession shall not affect the Expiration Date.
<br />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 />INITIALS
<br />© 2019 AIR CRE. All Rights Reserved.
<br />5TN-27.30, Revised 11-25-2019
<br />INITIALS
<br />Last Edited: 2/2S/2021 9:53 AM
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