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<br />the Term Commencement Date shall be considered the Base Year Index (the "Base"). At each annual adjustment date, the
<br />Minimum Rent shall be adjusted by the percentage increase. if any, between the Index published and in effect ninety (90)
<br />days preceding the adjustment date and the Base period; provided, however, that in no event shall the annual Minimum
<br />Rent be less than the annual Minimum Rent in effect during the lease year immediately preceding the annual adjustment
<br />date notwithstanding the fact that the Index may, as of some adjustment date, be less than the Base. When the adjusted
<br />Minimum Rent is determined, Landlord shall give Tenant written notice of same indicating how the new monthly
<br />Minimum Rent figure was computed, If at any rental adjustment date the Index shall not exist in the same format as
<br />recited in this Section 2.2, Landlord shall substitute any official index published by the Bureau of Labor Statistics, or
<br />successor or similar governmental agency, as may then be in existence and which is, in Landlord's reasonable discretion,
<br />most nearly equivalent to the Index,
<br />
<br />SECTION 2.3 ADDITIONAL P A YM ENTS. Except as otherwise provided in this Lease, all sums of money
<br />or charges whatsoever required to be paid by Tenant under this Lease shall be due and payable five (5) days after demand,
<br />without any deductions or offset whatsoever. Landlord shall have no obligation to bill Tenant for monthly rent,
<br />percentage rent, common facilities charges or promotional charges, Tenant's failure to pay any such amounts or charges
<br />when due shall carry with it the same consequences as Tenant's failure to pay rent and shall be deemed to be additional
<br />rent.
<br />
<br />SECTION 2.4 PLACE OF PAYMENT; LATE PAYMENTS, Tenant agrees to pay the rental and other
<br />charges herein reserved to Landlord at the address specified in the Basic Lease Provisions or to such other person and/or
<br />at such other place as Landlord may from time to time designate in writing, For each payment of rent or additional
<br />charges not paid when due, Tenant shall pay to Landlord a service charge in the amount of Fifty Dollars ($50.00) for each
<br />week or portion thereof that the delinquency or refusal to pay persists, Following each second consecutive late payment of
<br />rent and/or additional charges, Landlord shall have the option to (a) require that beginning with the first payment of rent
<br />due following the date such late payment was due, Minimum Rent shall no longer be paid in monthly installments but shall
<br />be payable in installments of three (3) months Minimum Rent three (3) months in advance; or (b) require that Tenant
<br />increase the amount of the security deposit required under Section 23.1 by one hundred percent (100%), which additional
<br />security deposit shall be retained and applied by landlord, in the manner provided in said Section 23.1. All payments shall
<br />be made in lawful money of the United States. All payments requiring proration shall be prorated on the basis of a thirty
<br />(30) day month. In addition to the foregoing, Landlord may elect to require all further payments under this Lease to be
<br />made by Tenant in the form of cashier's checks,
<br />
<br />ARTICLE III. FINANCIAL STATEMENTS
<br />
<br />SECTION 3.1 FURNISHING OF FINANCIAL STATEMENTS, Upon Landlord's written request, Tenant
<br />shall promptly furnish Landlord, ITom time to time, with (a) fin.,\cial statements including, but not limited to, balance
<br />sheets, profit and loss statements and changes in financial condi~ion, reflecting Tenant's current financial condition, and
<br />(b) written evidence of ownership of controlling stock intercstifi'enant is a corporation.
<br />
<br />ARTICLE IV. RELOCATION OF PREMISES h/~
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<br />SECTION 4.1 LANDLORD'S OPTION TO RELOCAT TENANT. Landlord shall have the ¡I
<br />right, upon providing fourteen (14) days written notice hand delivered t e Tenant premises, to move Tenant
<br />to other space in the building at Landlord's cost and expense. Landlord shall pay reasonable moving expenses, I
<br />including movers, telephone installation and stationery replacement. Such new space shall be approximately -f'7/t?
<br />the same size as the Premises and Tenant shall take possession of the premises in ãil1iX'UISI!:"fuñdition. In the-- a clean and
<br />event Tenant moves to such new space, then this Lease shall remain in full force and effect and be deemed usable
<br />applicable to the new space, except that Exhibit "A" and the Basic Lease Provisions shall be amended to
<br />include and state all correct data as to the new space. However, if the new space does not meet with Tenant's
<br />approval, Tenant agrees that the Lease shall terminate on the last day of Landlord's original fourteen (14) day
<br />notice and the Lease will become null and void.
<br />
<br />Landlord's Marketing of Premises: Landlord shall be entitled to market the premises to other
<br />perspective Tenants, The Leasing Agent for Landlord with give Tenant twenty four hour written or verbal
<br />notice to show the premises. Tenant shall then make the premises available for Landlord showing.
<br />
<br />ARTICLE V. TAXES AND ASSESSMENTS .
<br />
<br />SECTION 5.1 TENANT'S OBLIGATION FOR TAXES AND ASSESSMENT
<br />(a) Governmental charges. Tenant shall be responsible for, and agrees to pay to Landlord as additional rent, prior
<br />to delinquency, any and all taxes, assessments, levies, fees and other governmental charges of every kind or nature
<br />(hereinafter collectively called "taxes") levied or assessed by municipal, county, state, federal or other taxing or assessing
<br />authority upon, against or with respect to (i) the Premises or any leasehold interest therein, (ii) all fixtures, equipment and
<br />any other property of any kind owned by Tenant or placed, installed or located within, upon or about the Premises for
<br />which the Landlord might be assessed or which might become a lien on the Premises if not paid by the Tenant, (iii) all
<br />alterations, additions or improvements of whatsoever kind or nature, if any, made to the Premises, and (iv) rentals or other
<br />charges payable by Tenant to Landlord, irrespective of whether any of the items described in clauses (i) through (iv) above
<br />are assessed as rea) or personal property, and irrespective of whether any of such items are assessed to or against Landlord
<br />or Tenant. Jr, at any time during the Term, any of such taxes are not levied or assessed separately and directly to Tenant
<br />(e,g" if the same are levied or assessed to Landlord, or upon or against the building containing the Premises and/or the
<br />land underlying the building), Tenant shall pay to Landlord Tenant's proportionate share as determined by Landlord.
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