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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. AN monetary obligations of Lessee to Lessor under the terms of this Lease (except for the Security Deposit) are deemed to be rent ["RenCI•
<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 wNfing. 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 payments to be made by Lessee to be by cashier's check. Payments will
<br />be applied first to accrued late charges and attorney's fees, second to accrued interest, then to Base Rent, Insurance and Real Property Taxes, and any remaining
<br />amount to any other outstanding charges or costs.
<br />4.3 Association Fees. In addition to the Base Rent, Lessee shall pay to Lessor each month an amount equal to any owner's association a condominium fees
<br />levied of assessed against the Premises. Said monies shall be paid at the same time and in the same manner as the Base Rent.
<br />S. Security DeposiL 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 fails 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 of
<br />damage which Lessor may suffer or incur by reason thereof. if Lessor uses or applies all or arty portion of the Security Deposit, Lessee shall within 10 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 initfai 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 />tontroi of Lessee occurs during this Lease and following such change the financial condition of Lessee is, in Lessor's reasonable judgment, significantly reduced, tessee
<br />shall deposit such additiona# monies with Lessor as shall be sufficient to cause the Security Deposit to be at a commercialty 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 haw 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 tease. THE SECURITY DEPOSIT SHALL NOT BE USED BY LESSEE IN LIEU OF PAYMENT OF
<br />THE LAST MONTH'S 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. 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 shall not unreasonably withhold a delay its consent to any written request for a modificatian 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 notificaban 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 either: (i)
<br />potentially injurious to the public health, safety or welfare, the environment or the Premises, (ii) regulated or monitored by any govern men laI authority, or ( i i i ) 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 />nat be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil or any products, by-products or ftactians thereo€. 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, (it) the generation,
<br />possession, storage, use, transportation, of 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 (iR) the presence at the Premises of a Hazardous Substance with respect to which any
<br />Applicable Requirements requires that a notice be given to persons entering or occupying the Premises or neighboring properties. Natwit hsta ndi ng the foregoing,
<br />Lessee may use any ardinary and customary materials reasonably required to be used in the normal course of the Agreed Use, ordinary office supplies (copier toner,
<br />liquid paper, 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 />does not expose the Premises or neighboring property to any meaningful risk of contamination or damage or expose Lessor to any liability therefor. In addition,
<br />Lessor may condition its consent to any Reportable Use upon receiving such additional assurances as Lessor reasonably deems necessary to protect itself, the public,
<br />the Premises and/or the environment against damage, contamination, injury and/or Liability, including, but not limited to, the installation (and removal on or before
<br />lease expiration ortermination) of protective modi ficati a n s (such as concrete encasements) and/or increasing the Security Deposit.
<br />(b) Duty to Inform Lessor. I Lessee knows, or has reasonable cause to believe, that a Hazardous Substance has come to be located in, on, under or
<br />about the Premises, other than as previously consented to by Lessor, lessee shalt immediately give written notice of such fact to Lessor, and provide Lessor with a
<br />copy of any report, notice, claim a other documentation which it has concerning the presence of such Hazardous Substante.
<br />(c) Lessee Homed iation. Lessee shaIf nat cause or permit any Hazardous Substance to be spilled or released in, on, under, or about the Premises
<br />(including through the plumbing or sanitary sewer system) and shall promptly, at Lessee's expense, comply with all Applicable Requirements and take all investigatory
<br />and/or remedial action reasonably recommended, whether or not formally ordered OF required, for the cleanup of any contamination of, and for the maintenance,
<br />security and/or monitoring of the Premises or neighboring properties, that was caused or materially contributed to by Lessee, or pertaining to or involving any
<br />Hazardous Substance brought onto the Premises during the term a this Lease, by or for Lessee, or any third party.
<br />(d) Lessee Indemnification. Lessee shah indemnify, defend and hold Lessor, its agents, employees, lenders and ground lessor, if any, harmless from and
<br />against any and aIt loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys' and consultants' fees arising nut of a involving any
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<br />INITIALS Last Edited: 3/14/2024 3:33 PM INITIALS
<br />© 2017AIR CRE. All Rights Reserved. STG-27.20, Revised 11-01-2017
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