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improved by Termin. 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 ']'client 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 />33.2 If Tenant fails to remove any of [he Tenant's Personal Property from the Premises (or any portion thereof) prior to the
<br />expiration or ally earlier termination of the Term (with respect to applicable portion of the Premises), acid 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 reimbarse 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 (10%) administration fee thereon, upon demand.
<br />This Section 3.3.2 shall survive the expiration or any earlier termination ofthe 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 />Tel Tenant shall become a tenant at sufferance upon all of the terms 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 Term, or any waiver of any of Landlord's rights or remedies with respect to such holdover.
<br />Tenant shall indemni Fy, 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, connmeacing on the Commencement Date and continuing on the tenth (10) day of each calendar mouth
<br />thereafter; provided that the first frill 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 Percentage 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") Tenant shall also pay: (a) Tenant's Percentage Share
<br />(defined in Exhibit "E") of Excess Operating Expenses (defined in Exhibit `E-) and (b) Tenant's Percentage Share of Excess Property Taxes (defined
<br />in Exhibit "E").
<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 die 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 parking
<br />operator) by Tenant concurrently kith the payment of the Parking Fees described above.
<br />43.2 -the Parking Fees payable with respect to the first eighty-four (84) Padang Passes rented by Tenant during the Initial
<br />Perm (and the charges for all Short Feral Project Parking Validations and Lone Term Project Parking Validations provided by Landlord to Tenant
<br />(pursuant to Section 2.3(c)(iil above) during the Initial Term) are included in the Base Rent payable by Tenant with respect to the Premises during
<br />[he Initial Term.
<br />43.3 The Parking Fees pavable with respect to all Parking Passes rented by Tenant during an Extension Term (and tine
<br />charges for all Short berm Project Parking Validations and Long "Perot Project Parking Validations provided by Landlord to Tenant (pursuant to
<br />Section 23 c ii above) during an I,vtension Term) shall be demrmined in connection with the FNIRR (zinc[ Extension Term Base Rent) for the
<br />Premises for such Extension Term, and shall be added to (and included in) the Extension Term Base Rent.
<br />4.4 Pavment of Rent.
<br />4.4.1 GeneralIN Base Rent. all forms or Additional Rent payable hereunder by tenant coal all other amounts- fees.
<br />paynhents or charges payable haccunder by Tenant shall each: (a) consti[ute rent payable hercundcr (somclimes collectively be referred to herein as
<br />`Rent'), (b) be payable Ie 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 m the conuary in this Lease. without coy abatement, offset or deduction whatsoever. and (c) be payable to Lundlord at the
<br />address or Landlord described in Item 10 of the Basic lease Provisions or to such othcr Person or place as Landlord muv horn tinnc to time designate
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