|
improved by Tenant, subject to ordinary wear and tear. For the avoidance of doubt, it is understood and agreed that, prior to the date upon which the
<br />Premises is surrendered by Tenant under this Section 3.3.1, Tenant shall be required to remove from the Premises all of the Tenant's Personal
<br />Property and all Leasehold Improvements designated for removal by Landlord in accordance with Section 10.5 below (and all damage caused by
<br />such removal repaired).
<br />3.3.2 If Tenant fails to remove any of the Tenant's Personal Property from the Premises (or any portion thereof) prior to the
<br />expiration or any earlier termination of the Tenn (with respect to applicable portion of the Premises), and such failure continues for five (5) days
<br />following Landlord's delivery of notice thereof, Tenant shall be deemed to have abandoned the same, in which case: (a) Landlord shall have the
<br />right, at Tenant's expense, to remove the same from the same from the Premises (and to repair any damage caused by such removal) and (b) to
<br />thereafter: (i) store the same at Tenant's expense, (ii) appropriate the same for itself, and/or (iii) sell or otherwise dispose of the same in its sole
<br />discretion, with no liability to Tenant, in which case, Tenant shall reimburse Landlord for all costs incurred by Landlord in connection with any such
<br />removal, repairs, 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 any portion thereof) all Leasehold Improvements designated for removal by Landlord in accordance with Section 10.5 below
<br />and/or to repair all damage caused by its removal of any such Leasehold Improvements (and/or 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 from the Premises (or the applicable portion thereof) and/or to repair such damage at Tenant's expense, in which case, Tenant shall
<br />reimburse Landlord for all costs incurred by Landlord in connection therewith, plus a ten percent (1054o) administration fee thereon, upon demand.
<br />This SecHon 3.3.2 shall survive the expiration or any earlier termination of the Term of this Lease.
<br />3.3.3 If Tenant fails to surrender the Premises (or any portion thereof) in accordance with this Lease (including, without
<br />limitation, Section 3.3.1 above), or otherwise holds possession of the Premises (or any portion thereof) after the expiration or termination of the
<br />Term, Tenant shall become a tenant at sufferance upon all of the terns contained herein, except as to term and Base Rent. During such holdover
<br />period, Tenant shall pay to Landlord a monthly Base Rent in an amount equal to the Holdover Rental Rate. The monthly Base Rent payable for such
<br />holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession. Neither any provision hereof
<br />nor any acceptance by Landlord of any Rent after any such expiration or earlier termination shall be deemed a consent to any holdover hereunder or
<br />result in a renewal of this Lease or an extension of the Tern, or any waiver of any of Landlord's rights or remedies with respect to such holdover.
<br />Tenant shall indemnify, defend and hold Landlord harmless from and against any and all Claims (including, without limitation, 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 />Tenant's failure to surrender the Premises in accordance with the provisions of this Lease on the expiration or earlier termination of this Lease. -
<br />ARTICLE 4—RENT AND OTHER CHARGES
<br />4.1 Base Rent. Tenant agrees to pay during the Initial Term of this Lease as Base Rent for the Premises, the sums shown for the
<br />periods shown in Item 4 of the Basic Lease Provisions. Except as expressly provided otherwise herein, Base Rent shall be payable in equal
<br />consecutive monthly installments, in advance, commencing on the Commencement Date and continuing on the tenth (10) day of each calendar month
<br />thereafter, provided that the first full monthly installment of Base Rent, described in Item 4 of the Basic Lease Provisions, shall be payable upon
<br />Tenant's execution of this Lease. Landlord will cooperate with Tenant to accommodate payment of Rent (or certain types of Rent) via ACH
<br />payments.
<br />4.2 Tenant's Percentaee Share. Subject to the provisions of this Lease and in accordance with Exhibit "E", attached hereto, in
<br />addition to paying Base Rent, with respect to each Expense Year (defined in Exhibit "E'7 Tenant shall also pay: (a) Tenant's Percentage Share
<br />(defined in Exhibit "E"1 of Excess Operating Expenses (defined in Exhibit "E") and (b) Tenant's Percentage Share of Excess Property Taxes (defined
<br />in Exhibit "F').
<br />4.3 Parking Fees.
<br />4.3.1 Subject to Section 4.3.2 below, on the first day of each calendar month during the Term, Tenant shall pay to Landlord
<br />(or at the request of Landlord, to Landlord's designated parking operator) Landlord's then prevailing charge (the `Parking Fees") for all Parking
<br />Passes rented by Tenant for such calendar month. Such Parking Fees shall be in addition to all taxes, assessments or other impositions imposed by
<br />any governmental entity in connection with Tenant's use of such Parking Passes, which taxes, assessments or other impositions shall be paid by
<br />Tenant, or if required to be paid by Landlord, shall be reimbursed to Landlord (or at the request of landlord, to Landlord's designated puking
<br />operator) by Tenant concurrently with the payment of the Parking Fees described above.
<br />4.3.2 The Parking Fees payable with respect to the first eighty-four (84) Parking Passes rented by Tenant during the Initial
<br />Term (and the charges for all Short Term Project Packing Validations and Long Term Project Parking Validations provided by Landlord to Tenant
<br />(pursuant to Section 2.3(c)(ii) above) during the Initial Term) are included in the Base Rent payable by Tenant with respect to the Premises during
<br />the Initial Term.
<br />4.3.3 The Parking Fees payable with respect to all Parking Passes rented by Tenant during an Extension Tern (and the
<br />charges for all Short Term Project Parking Validations and Long Term Project Parking Validations provided by Landlord to Tenant (pursuant to
<br />Section 2.3(c)(ii) above) during an Extension Term) shall be determined in connection with the FMRR (and Extension Tenn Base Rent) for the
<br />Premises for such Extension Term, and shall be added to (and included in) the Extension Tenn Base Rent.
<br />4.4 Payment of Rent.
<br />4.4.1 Generallv. Base Rent, all forms of Additional Rent payable hereunder by Tenant and all other amounts, fees,
<br />payments or charges payable hereunder by Tenant shall each: (a) constitute rent payable hereunder (sometimes collectively be referred to herein as
<br />"Rent"), (b) be payable to Landlord when due without any prior notice or demand therefor in lawful money of the United States and, except as may
<br />be expressly provided to the contrary in this Lease, without any abatement, offset or deduction whatsoever, and (c) be payable to Landlord at the
<br />address of Landlord described in Item 10 of the Basic Lease Provisions or to such other Person or place as Landlord may from time to time designate
<br />801 W Civic Center Dr—City ofSnuta Arta Lease -7-
<br />25B-14
<br />
|