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in writing to Tenant. Any amount of Rent that is payable on a monthly basis and that is payable respect to a partial month, shall he prorated based on
<br />the number of days in such month. No payment by Tenant or receipt or acceptance by Landlord of a lesser amount than the correct Rent due
<br />hereunder shall be deemed to be other than a payment on account of the earliest installment of Rent then due; nor shall any endorsement or statement
<br />on any check or any letter accompanying any check or payment as Rent be deemed to effect or evidence an accord and satisfaction; and Landlord
<br />may accept such check or payment without prejudice to Landlord's right to recover the balance or pursue any other remedy in this Lease or at law or
<br />in equity provided.
<br />4.4.2 LATE PAYMENTS, TENANT ACKNOWLEDGES THAT THE LATE PAYMENT OF RENT WILL
<br />CAUSE LANDLORD TO INCUR ADMINISTRATIVE COSTS AND OTHER DAMAGES, THE EXACT AMOUNT OF WHICH
<br />WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO ASCERTAIN. LANDLORD AND TENANT AGREE THAT
<br />IF LANDLORD A RENT DELINQUENCY SHALL OCCUR, TENANT SHALL PAY TO LANDLORD, AS ADDITIONAL RENT:
<br />(A) A LATE CHARGE EQUAL TO FIVE PERCENT (5%) OF THE OVERDUE AMOUNT TO COVER SUCH ADDITIONAL
<br />ADMINISTRATIVE COSTS, AND (B) INTEREST ON ALL DELINQUENT AMOUNTS AT THE DEFAULT RATE, FROM THE
<br />DATE DUE UNTIL THE DATE PAID.
<br />ARTICLE 5—TENANT'S TAXES
<br />Tenant shall reimburse Landlord upon demand for any and all taxes, impositions or similar fees or charges payable by or imposed or
<br />assessed upon Landlord upon or with respect to: (a) any Tenant's Personal Property located in or about the Premises; (b) any Leasehold
<br />Improvements made in or to the Premises by or for Tenant (without regard m ownership of such improvements) if and to the extent the original cost,
<br />replacement cost or value thereof exceeds the cost of Landlord's then effective "Building Standard" tenant improvements, as determined in good
<br />faith by Landlord; (c) the Rent payable hereunder, including, without limitation, any gross receipts tax, license fee or excise tax levied by any
<br />governmental authority; (d) the possession, leasing, operation, management, maintenance, alteration, repair, use or occupancy of any portion of the
<br />Premises; or (e) this transaction or any document to which Tenant is a party creating or transferring an interest or an estate in the Premises.
<br />ARTICLE 6— fINTENTIONALLY OMITTEDI
<br />ARTICLE 7- USE OF PREMISES
<br />7.1 Tenant's Permitted Use. Tenant shall use the Premises only for Tenant's Permitted Use set forth in Item 7 of the Basic Lease
<br />Provisions and shall not use or permit the Premises to be used for any other purpose. Tenant shall, at its sole cost and expense, obtain and maintain
<br />in full force and effect all governmental licenses, approvals and permits required for Tenant's Permitted Use. In no case shall Tenant use or suffer or
<br />permit the use of any portion of the Premises for any Expressly Restricted Use.
<br />7.2 Compliance With Laws and Other Requirements.
<br />7.2.1 Subject to Section 7.2.2 below, Landlord shall cause the Common Areas and the Base Building to comply with all
<br />Laws, if and when any such action is required by any governmental authority and/or If and to the extent that any failure of any portion of the
<br />Common Areas or the Base Building to comply with any applicable Laws would: (a) prohibit Tenant from entering into a sublease to any Approved
<br />County Entity of Approved State Entity (as such terms are defined below) in accordance with Section 11. 1.2 below; (b) unreasonably and materially
<br />affect the safety of Tenant's employees or the operation of Tenant's business; or (c) would create a material and significant health hazard for
<br />occupants of the Premises.
<br />7.2.2 Tenant shall timely take all actions required comply in all respects with (and shall cause each of its employees and
<br />occupants to take all actions required comply in all respects with) and cause the Premises to comply with: (a) all Laws, now or in the future
<br />applicable to the Premises and Tenant's use thereof (including, without limitation, any Law requiring any form of improvement or alteration to the
<br />Building), (b) the Rules and Regulations, and (c) all covenants, conditions and restrictions applicable to the Project. In addition, if any modifications
<br />or alterations to any portion of the Common Areas or the Base Building (defined below) are required under any applicable Laws as a result of
<br />Tenant's use of the Premises or any of Tenant's Leasehold Improvements, then at the election of Landlord: (i) Tenant shall be responsible for
<br />performing such modifications or alterations, at its expense or (ii) Tenant shall, within ten (10) days following Landlord's demand therefor together
<br />with reasonable supporting documentation, reimburse Landlord for all of its costs and expenses incurred in connection with Landlord's performance
<br />of such modifications or alterations,
<br />7.2.3 Tenant shall not use the Premises, or permit the Premises to be used, in any manner, or do or suffer any act in or about
<br />the Premises which: (A) violates or conflicts with any applicable Law, any of the Rules and Regulations or any covenants, conditions and
<br />restrictions applicable to the Project (B) causes or is reasonably likely to cause damage to the Project, the Premises or the Building Systems; (C)
<br />violates a requirement or condition of any policy of insurance covering the Project and/or the Premises, or increases the cost of such policy; (D)
<br />constitutes or is reasonably likely to constitute a nuisance, annoyance or inconvenience to other tenants or occupants of the Project or its equipment,
<br />facilities or systems or (E) interferes with, or is reasonably likely to interfere with, the transmission or reception of microwave, television, radio,
<br />telephone, or other communication signals by antennae or other facilities located in the Project. Without limiting the generality of the foregoing,
<br />should any federal, state or local governmental agency having jurisdiction with respect to the establishment regulation or enforcement of
<br />occupational, health or safety standards for employers, employees or tenants impose on Landlord or on Tenant at any time now or in the future any
<br />requirement or Law relating in any manner to the Premises or occupancy thereof, Tenant shall, at its sole cost and expense, comply promptly (or at
<br />Landlord's election, bear the cost of such compliance as effected by Landlord) with such requirement or Law. Tenant shall indemnify, defend and
<br />hold harmless Landlord fi-om and against any and all Claims arising out of or relating to any failure of Tenant to perform any of its obligations under
<br />this Section 7.2. Landlord shall not enforce the Rules and Regulations in a discriminatory manner; provided that Landlord shall not be liable to
<br />801 JY Civic Center Dr—City ofSanra Ann Lease -8-
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