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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. Ali 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 duo. All monetary amounts shall be rounded to the nearest whole dollar. In theevent thatany
<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 orto such other persons or place as Lessor may from time to time designate in writing. Acceptanceof a
<br />payment which is less than the amount then due shall not be awaiver of Lessor's rightsto the balance of such Rent, regardless of Lessors 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 cashler'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 or condominium fees
<br />levied or assessed against the Premises. Said monies shall be paid at the some time and in the same manner as the Base Rent.
<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 />underthis Lease. if Lessee fails to pay Rent, or otherwise Defaults under this Lease, Lessor may use, apply or retain all or any portion ofsaid Security Deposit forthe
<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 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 bare to the initial Base [tent. 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 Lessors 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 00 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 DEPOSITSHAU 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 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 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 orthe mechanical or electrical systems therein, and/or is not significantly more burdensome
<br />to the Premises. IfLessor 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 Lessors 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. (1)
<br />potentially Injurious to the public health, safety or welfare, the environment or the Premises, (it) regulated or monitored by any governmental authority, or(111) 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 activityin 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, (0) 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 govemmental authority, and/or(III)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. Notwithstanding the foregoing,
<br />Lessee may use any ordinary 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 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 nabiifty 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 />Lem expiration or termination) of protective moci fiwttons (such as concrete encasements) and/or increasing the Security Deposit.
<br />(b) "to Inform Lessor. If 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 shall immediately give written notice of such Fact to Lessor, and provide Lessorwith a
<br />copy of any report, notice, claim or other documentation which it has concerning the presence of such Hazardous Substance.
<br />(c) Lessee Remediatlon. Lessee shall not 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 or 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 mused or materially contributed to by Lessee, or pertaining to or involving any
<br />Hazardous Substance brought onto the Premises during the term of this Lease, by or for Lessee, or any third party.
<br />(d) Lessee Indemnification. Lessee shall indemnify, defend and hold Lessor, its agents, employees, lenders and ground lessor, if any, harmless from and
<br />against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys' and consultants' fees arising out of or involving any
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<br />I ITIALS Last Edited: 3/14/20243:33 PM INITIALS
<br />© 2017AIR CRE. All Rights Reserved. M-27.20, Revised 11-01-2017
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