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advance rent or other payment has been made by Tenant in connection with the Lease. Tenant
<br />agrees that it shall not prepay any rents under the Lease more than one (1) month from the date
<br />when such rents are due.
<br />4. All obligations, commitments, payments, repairs, build out allowances, inducements, other sums
<br />and conditions under the Lease to be performed to date by Landlord have been satisfied, free of
<br />defenses and set -offs including construction work on the Premises except as follows:
<br />Landlord has agreed to contribute up to $772,840.00 (the "Allowance Amount")
<br />with respect to the cost of constructing the initial tenant improvements in the
<br />Premises (which are being constructed by a contractor retained by Landlord). To
<br />the extent that, after completion of such initial tenant improvements, the entire
<br />Allowance Amount has not been used for the cost of designing and constructing
<br />such tenant improvements, Tenant may: (a) receive up to $193.210.00 from the
<br />unused Allowance Amount for the cost of furniture, fixtures and equipment to be
<br />installed in the Premises and (b) may receive up to $96,605,00 from the unused
<br />Allowance Amount for the cost of cabling installed in the Premises and/or for
<br />moving costs.
<br />There are no credits, reductions, defenses, free rent, rental concessions or abatements of rent
<br />against or with respect to the payment of the Monthly Rent, additional rent, security deposits or
<br />other charges payable under the terms of the Lease.
<br />5. No event has occurred that does presently, or would with the passage of time or the giving of
<br />notice, or both, constitute a breach or default by Tenant, or to Tenant's knowledge, Landlord,
<br />under the Lease, give rise to a right of termination of the Lease by either party, or give rise to any
<br />claims, defenses, offsets or counterclaims against Landlord under the Lease.
<br />6. Tenant has not assigned, transferred, mortgaged or hypothecated the Lease or any interest
<br />therein or subleased all or any portion of the Premises.
<br />7. Tenant has no purchase options under the Lease or any first refusal rights with respect to the
<br />Project, Premises or any part thereof.
<br />8. There are no actions, voluntary or involuntary, pending against Tenant under the bankruptcy laws
<br />of the United States or equivalent laws for debtor relief of any state thereof.
<br />9. Tenant has no right to terminate the Lease except, (a) to the extent contained in the Lease, (b) in
<br />connection with a casualty or condemnation, and (c) to the extent otherwise permitted by
<br />applicablelaw.
<br />10. Tenant is not aware of any existing, pending or threatened lawsuits affecting the Premises or the
<br />Lease, or between Tenant and Landlord.
<br />11. Tenant has all applicable permits, licenses, certificates of occupancy and other documentation
<br />required by the applicable governmental authorities in order to operate its business in full
<br />accordance with the law.
<br />12. Tenant is not aware of any unpaid or outstanding claims, bills or invoices for any labor performed
<br />upon or material furnished to either Tenant or the Premises for which any lien or encumbrance
<br />including, without limitation, materiaimen, suppliers and mechanic's liens, have been asserted or
<br />may be asserted against either Tenant or the Premises.
<br />13. Tenant is not aware of any violation of any environmental law or regulation with respect to the
<br />Premises.
<br />Tenant acknowledges that Bank is relying upon the representations and above assurances made
<br />by Tenant herein in connection with Bank's agreement to provide financing to Landlord in connection with
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