Common use of Additional Rent Clause in Contracts

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant and Landlord which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any Condemnation proceedings, (D) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (E) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents), this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigation, (F) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (G) any amendment to or modification or termination of this Lease made at the request of Tenant, (H) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease (I) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, and (K) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereof; (iii) interest at the rate (the "Default Rate") of four percent (4%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its due date unless such overdue installments are paid in full within such five (5) day period, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue; (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days after Landlord's demand for payment thereof. (d) In no event shall amounts payable under Paragraph 7(a)(ii) and (iii) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) If the Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant and Landlord which are incurred make default in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any covenant herein contained, the Landlord may immediately, or at any time thereafter, without notice, perform the same for the account of the Tenant. If a notice of mechanic's obligations under this Leaselien be filed against the demised premises or against premises of which the demised premises are part, (C) any Condemnation for, or purporting to be for, labor or material alleged to have been furnished, or to be furnished to or for the Tenant at the demised premises, and if the Tenant shall fail to take such action as shall cause such lien to be discharged within fifteen days after the filing of such notice, the Landlord may pay the amount of such lien or discharge the same by deposit or by bonding proceedings, (D) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (E) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents), this Lease, or the sale of the Leased Premises to Landlord provided, however, that and in the event of such deposit or bonding proceedings, the Landlord may require the lienor to prosecute an appropriate action to enforce the lienor's claim. In such case, the Landlord may pay any litigation involving only judgment recovered on such claim. Any amount paid or expense incurred by the Landlord as in this subdivision of this lease provided, and Tenant, any amount as to which the Tenant shall at any time be responsible in default for such costs and expenses only if and or in respect to the extent that Tenant is not the prevailing party in such litigationuse of water, (F) the exercise electric current or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (G) any amendment to or modification or termination of this Lease made at the request of Tenant, (H) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease (I) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent paymentssprinkler supervisory service, and (K) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all expense incurred or any portion sum of any installment of Basic Rent is due and not money paid by the applicable Basic Rent Payment Date, an amount (the "Late Charge") equal to five percent (5%) Landlord by reason of the amount failure of the Tenant to comply with any provision hereof, or in defending any such unpaid installment or portion thereof providedaction, howevershall be deemed to be "additional rent" for the demised premises, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge and shall not be due and payable unless by the Basic Rent has not been paid within five (5) days' Tenant to the Landlord on the first day of the next following the due date thereof; (iii) interest month, or, at the rate (option of the "Default Rate") of four percent (4%) over the Prime Rate per annum Landlord, on the following sums until paid in full: (A) all overdue installments first day of Basic Rent from five (5) days' following its due date unless such overdue installments are paid in full within such five (5) day period, (B) all overdue amounts any succeeding month. The receipt by the Landlord of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue; (b) If Landlord does not provide written notice to Tenant instalment of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge regular stipulated rent hereunder or default interest becomes due and owing, Tenant any of said "additional rent" shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days after Landlord's demand for payment thereof, and (ii) a waiver of any other Additional Rent, within ten (10) Business Days after Landlord's demand for payment thereof"additional rent" then due. (d) In no event shall amounts payable under Paragraph 7(a)(ii) and (iii) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant Tenant, Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, including costs and expenses incurred in connection with the payment of a Prepayment Premium, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (E) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents), this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigation, (F) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (G) any amendment to or modification or termination of this Lease made at the request of Tenant, (H) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease Tenant, (I) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all an administrative fee of $5,000 (the "Administrative Fee") to defer the internal costs of Landlord with respect to each applicable Related Premises in connection with Tenant's exercise of its rights under Paragraphs 36 or 37 hereof, provided that (x) the total amount of Administrative Fees payable in any Lease Year shall not exceed $150,000 in the aggregate for the Leased Premises and fees associated (y) no Administrative Fee shall be payable in connection with any exercise by Tenant's of its rights under Paragraphs 36 or 37 hereof if the wire transfers of Rent paymentsAdministrative Fee is paid by Mercury under the Mercury Lease in connection with such transaction, and (KL) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "Late Charge") equal to the lesser of (x) $15,000 and (y) five percent (5%) of the amount of such unpaid installment or portion thereof to reimburse Landlord for its cost and inconvenience incurred as a result of Tenant's delinquency; provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereof. To the extent the Tenant has timely deposited funds sufficient to pay Basic Rent then due hereunder into a lockbox established for the benefit of Landlord and/or Lender, the failure or delay of the transfer of such funds to Landlord shall not entitle Landlord to a Late Charge or to declare a default hereunder; (iii) to the extent in excess of amounts collected by Landlord under item (iv) below, a sum equal to any additional sums (excluding the repayment of principal under a Loan but including any late charge in excess of the amount payable under clause (ii) above for that portion of the Basic Rent paid to the Lender as scheduled installments of principal and interest, default penalties, interest in excess of amounts payable under clause (iv) below for that portion of the Basic Rent paid to the Lender as scheduled installments of principal and interest, and fees of Lender's counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant's late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest at the rate (the "Default Rate") of four percent (4%) over the Prime Rate per annum on the following sums until paid in full: (A) any and all overdue installments of Basic Rent from five and/or any amounts of Additional Rent (5other than as described in clause (B) days' following its due date unless such overdue installments are herein below) not paid in full within such five (5) day prior to the expiration of any applicable notice and cure period, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten thirty (1030) Business Days days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten thirty (1030) Business Days days after Landlord's demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) or elsewhere in this Lease exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant Tenant, Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, including costs and expenses incurred in connection with the payment of a Prepayment Premium, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's counsel and reasonable out-of-pocket internal Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease Tenant, and (IJ) the reasonable out-of-pocket internal Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, situation and (K) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "Late Charge") equal to five three percent (53%) of the amount of such unpaid installment or portion thereof thereof, provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereof; (iii) a sum equal to any additional sums (including any late charge, default penalties, interest and fees of Lender's counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant's late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest at the rate (the "Default Rate") of four three percent (43%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days days after Landlord's demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) It is the purpose and intent of Landlord and Tenant that the rent payable hereunder shall pay and dischargebe absolutely net to Landlord so that this Lease shall yield, net to Landlord, the Minimum Rental due during the term of this Lease. (b) Tenant covenants to pay, before any fine, penalty, interest or cost may be added thereto for the non-payment thereof, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided hereinrent, all reasonable costs taxes, assessments (including but not limited to, all assessments for public improvements or benefits, whether or not commenced or completed within the term of this Lease and expenses so-called business improvement district taxes or assessments) water, sewer and other rents, rates and charges, charges for public utilities, excises, levies, license and permit and inspection fees and other governmental charges, general and special, ordinary and extraordinary, foreseen and unforeseen, of any kind and nature whatsoever, which at any time during the term of this Lease may have been or may be assessed, levied, confirmed, imposed upon, or grow to become due or payable out of or in respect of, or become a lien on, the Leased Premises or any part thereof or any appurtenance thereto, any personal property, the rent and income received by Tenant and Landlord which are incurred in connection or associated with (A) the ownershipfrom subtenants, any use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair possession or restoration of any occupation of the Leased Premises, except for Landlord's general overheador rentals or sales therefrom or activity conducted therein, (B) such franchises as may be appurtenant to the performance of any of Tenant's obligations under this Lease, (C) any Condemnation proceedings, (D) the adjustment, settlement use or compromise of any insurance claims involving or arising from any of the Leased Premises, (E) the prosecution, defense or settlement of any litigation involving or arising from any occupation of the Leased Premises (unless caused by all of the gross negligence or willful misconduct of Landlord or its agentsforegoing, together with any and all Premiums (as hereinafter defined), this Leaseand together with any and all penalties, fines and/or interest thereon, being hereinafter sometimes collectively referred to as "Impositions", and any of the same being hereinafter sometimes referred to as an "Imposition"). Nothing herein contained shall require Tenant to pay income taxes assessed against Landlord, or the sale any capital levy, corporate franchise, excess profits, estate, succession, inheritance or transfer taxes of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigation, (F) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (G) any amendment to unless such taxes are imposed or modification levied upon or termination of this Lease made at the request of Tenant, (H) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Leaseassessed as a total or partial substitute for, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenantlieu of, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease (I) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, and (K) any other items specifically Imposition required to be paid by Tenant under pursuant to this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due Section 5(b), in which event same shall be deemed Impositions and not shall be paid by the applicable Basic Rent Payment Date, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof Tenant; provided, however, that if at any time during the term of this Lease, the method of taxation shall be such that there shall be levied, assessed or imposed on Landlord in lieu of, or in addition to, the foregoing, a capital levy, gross receipts or other tax directly on the rents received therefrom and/or a franchise tax or an assessment, levy or charge measured by or based, in whole or in part, upon such rents, the Leased Premises (including, but not limited to the acquisition, leasing, use, or value thereof) or the present or any future Improvements on the Leased Premises or the construction thereof and/or measured in whole or in part by Landlord's income from the Leased Premises if in computing such income there is not allowed as a deduction any significant portion of the depreciation or interest deductions allowed for federal income tax purposes, then all such taxes, assessments, levies and charges, or the part thereof so measured or based, shall be deemed to be included within the term "Imposition" for the purposes hereof, but only to the extent that such taxes would be payable if the Leased Premises were the only property of Landlord, and Tenant shall pay and discharge the same as herein provided in respect of the payment of Impositions. Tenant shall furnish to Landlord, promptly after payment of any real estate taxes or Premiums, and, with respect to any other Impositions, promptly upon request of Landlord, official receipts or other satisfactory proof evidencing payment of such Imposition. In addition, Tenant shall furnish to Landlord semi-annually, throughout the term of this Lease, a certificate executed by an executive officer of Tenant, stating that all Impositions have been paid to date. Landlord shall have the right, at Landlord's option, to require Tenant to: (i) promptly deposit with Landlord funds for the payment of current Impositions required to be paid by Tenant hereunder; and (ii) deposit one-twelfth (1/12th) of the amount which would be sufficient at all times to pay the Impositions payable, or estimated by Landlord or any Mortgagee to be payable, during the ensuing twelve (12) months and all additional funds required for the payment of any Imposition shall also be deposited with Landlord on the first late payment day of all the month during which or any portion at the end of any installment of Basic Rent in any Lease Year, the Late Charge shall not be which an Imposition is due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereof; (iii) without interest, penalty or liability and any interest at the rate (the "Default Rate") of four percent (4%) over the Prime Rate per annum earned on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its due date unless such overdue installments are paid in full within such five (5) day period, (B) all overdue amounts of Additional Rent relating funds and made available to obligations which Landlord shall have paid on behalf accrue for the benefit of Tenant, Tenant and may be applied by Landlord against any other sum then or which may become due hereunder from the date Tenant to Landlord. No sum collected by Landlord under this Paragraph 5 shall constitute a trust fund and all of payment thereof by such sums may be commingled with other assets of Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue; (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) At Landlord's option, if at any time during the term of this Lease, Tenant has been delinquent in making payments of Impositions or utility charges, the failure of payment of which may result in a lien on the Leased Premises, then Tenant agrees that, upon notice to the Tenant, Landlord may be the receiver of all bills for Impositions, utilities and any other operating expenses appurtenant to the Leased Premises, the failure of payment of which may constitute or result in a lien on the Leased Premises. If Landlord so elects, Tenant agrees to execute any and all documentation necessary or required and otherwise cooperate with Landlord to effectuate such receipt by Landlord. If Landlord receives such bills, Tenant shall pay and discharge to Landlord, as additional rent hereunder all such sums (isubject to proration as specifically provided in this Lease) any Additional Rent referred within the later of (x) fifteen (15) days after billing by Landlord to in Paragraph 7(a)(iTenant or (b) when twenty (20) days prior to the same shall become duedate on which such bills are payable to the applicable payees. Until such time as Landlord becomes the receiver of such bills, provided that amounts which are billed Tenant will deliver to Landlord or any third party, but not a copy of such bills with three days of receipt thereof and deliver to Landlord proof of payment of such bills simultaneously with Tenant, shall be paid within ten (10) Business Days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days after Landlord's demand for payment remittal thereof. (d) In no Notwithstanding anything else herein to the contrary, in the event that any portion of the Entire Parcel not forming part of the Leased Premises shall amounts payable under Paragraph 7(a)(iibe improved by Landlord or by any tenant or other occupant of such portion of the Entire Parcel, and such improvement increases the real property taxes and other charges assessed (as described in subparagraph 5(b)) against the Entire Parcel, then from and (iii) exceed after such date and with respect to any such assessment relating to improvements on the maximum amount permitted by applicable LawEntire Parcel, Tenant shall be obligated to pay only that portion of the real property taxes and other charges assessed against improvements that are situated on the Leased Premises.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent rent, the following (collectively, "“Additional Rent"”): (a) Tenant’s Proportionate Share of all of the following costs, fees, expenses and charges (without duplication): (i) except as otherwise specifically provided hereinImpositions; (ii) Operating Expenses; (iii) costs, all reasonable costs fees and expenses of Tenant and charges for electricity, power, gas, oil, water, sanitary and storm sewer, septic system refuse collection, security, and other utilities and services used or consumed in connection with the Demised Premises during the Term (collectively, “Utility Charges”); (iv) intentionally omitted; (v) Insurance Costs; and (vi) other costs, fees, charges and other amounts arising or payable under any Property Documents (together with Impositions, Utility Charges, Operating Expenses and Insurance Costs, collectively, “Property Charges”); (b) Costs and Expenses incurred (directly or indirectly) by Landlord which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, following: (Bi) the performance by Landlord of any of Tenant's ’s obligations under this Lease, Lease during the existence of an Event of Default; (C) any Condemnation proceedings, (D) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (E) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents), this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigation, (Fii) the exercise or successful and/or enforcement by Landlord, its successors and assigns, Landlord of any of its rights and remedies under this LeaseLease during the existence of an Event of Default; (iii) other than (for the avoidance of doubt) as expressly set forth herein with respect to any Lease Document Amendments, (G) any amendment or supplement to or modification or termination of this Lease made at requested by Tenant or Lease Guarantors or necessitated by any action of Tenant or Lease Guarantors, including, without limitation, any default by Tenant or any Lease Guarantor under the request of Tenant, Lease Documents to which it is a party; (Hiv) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred except to the extent otherwise expressly set forth in connection with the preparation, negotiation and execution of this Lease, any exercise by Tenant of any preferential right or incurred in connection with option set forth herein; and/or (v) any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease (I) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord and at the request of Tenant or Tenant's failure to act promptly in and/or during the existence of an emergency situationEvent of Default, (J) all costs any review and fees associated monitoring of compliance by Tenant with the wire transfers terms of Rent payments, and this Lease; and (Kc) any other items amounts, sums, charges, liabilities and obligations specifically required to be paid by Tenant under this Lease; (ii) after Lease or which Tenant assumes or agrees to pay or may otherwise become liable for in accordance with the date terms hereof. Except with respect to amounts payable by Tenant to Landlord or as Landlord may otherwise direct from time to time, Tenant shall make all payments of Additional Rent directly to the applicable taxing authorities, service providers, vendors or any portion of any installment of Basic other applicable third parties entitled to such payments. Tenant shall pay and discharge all Additional Rent is as and when the same becomes due and not paid by the applicable Basic Rent Payment Date, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof payable; provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereof; (iii) interest at the rate (the "Default Rate") of four percent (4%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its due date unless such overdue installments are paid in full within such five (5) day period, (B) all overdue amounts of constituting Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue; (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, Tenant shall be paid pay such amounts (x) within ten five (105) Business Days after following Landlord's ’s demand for such payment or (y) at least three (3) Business Days prior to the date on which such amounts are due to the applicable Person entitled to payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days after Landlord's demand for payment thereofwhichever is later. (d) In no event shall amounts payable under Paragraph 7(a)(ii) and (iii) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant Tenant, Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, including costs and expenses incurred in connection with the payment of a Prepayment Premium, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (E) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents), this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigation, (F) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (G) any amendment to or modification or termination of this Lease made at the request of Tenant, (H) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease Tenant, (I) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all an administrative fee of $5,000 (the "Administrative Fee") to defer the internal costs and fees associated of Landlord with respect to each applicable Related Premises in connection with Tenant's exercise of its rights under Paragraphs 36 or 37 hereof; provided that (x) the wire transfers total amount of Rent paymentsAdministrative Fees payable in any Lease Year shall not exceed $150,000 in the aggregate for the Leased Premises, and (Ky) no Administrative Fee shall be payable in connection with any exercise by Tenant of its right under Paragraphs 36 or 37 hereof if the Administrative Fee is paid by UHS under the UHS Lease in connection with such transaction and (L) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "Late Charge") equal to the lesser of (x) $15,000 and (y) five percent (5%) of the amount of such unpaid installment or portion thereof to reimburse Landlord for its cost and inconvenience incurred as a result of Tenant's delinquency; provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereof. To the extent the Tenant has timely deposited funds sufficient to pay Basic Rent then due hereunder into a lockbox established for the benefit of Landlord and/or Lender, the failure or delay of the transfer of such funds to Landlord shall not entitle Landlord to a Late Charge or to declare a default hereunder; (iii) to the extent in excess of amounts collected by Landlord under item (iv) below, a sum equal to any additional sums (excluding the repayment of principal under a Loan but including any late charge in excess of the amount payable under clause (ii) above for that portion of the Basic Rent paid to the Lender as scheduled installments of principal and interest, default penalties, interest in excess of amounts payable under clause (iv) below for that portion of the Basic Rent paid to the Lender as scheduled installments of principal and interest, and fees of Lender's counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant's late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest at the rate (the "Default Rate") of four percent (4%) over the Prime Rate per annum on the following sums until paid in full: (A) any and all overdue installments of Basic Rent from five and/or any amounts of Additional Rent (5other than as described in clause (B) days' following its due date unless such overdue installments are herein below) not paid in full within such five (5) day prior to the expiration of any applicable notice and cure period, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten thirty (1030) Business Days days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten thirty (1030) Business Days days after Landlord's demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) or elsewhere in this Lease exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "“Additional Rent"”): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant Tenant, Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's ’s obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, including costs and expenses incurred in connection with the payment of a Prepayment Premium, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's ’s counsel and reasonable out-of-pocket internal Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease Tenant, and (IJ) the reasonable out-of-pocket internal Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's ’s failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, situation and (K) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "“Late Charge"”) equal to five three percent (53%) of the amount of such unpaid installment or portion thereof thereof, provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' ’ following the due date thereof; (iii) a sum equal to any additional sums (including any late ‘charge, default penalties, interest and fees of Lender’s counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant’s late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest at the rate (the "“Default Rate"”) of four three percent (43%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days days after Landlord's ’s demand for payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days days after Landlord's ’s demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant and all reasonable costs and expenses of, Landlord and any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's and Lender's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or Costs of Landlord's and Lender's counsel incurred in connection with the review and/or negotiation of documents requested by Tenant and Costs of third party consultants retained by Landlord in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant that Landlord has the right to perform under the extent authorized by terms of this Lease Lease, (IJ) the reasonable cost of a consultant retained by Lender to review plans, specifications, and contracts in connection with any Alteration for which the approval of Lender is required or permitted under the terms of the Mortgage and the reasonable costs of Lender in connection with any inspection of the Leased Premises, (K) out-of-pocket Costs of Landlord costs incurred by Lender in connection with any act undertaken by Landlord at the request an Event of Tenant or Tenant's failure to act promptly in an emergency situationDefault, (JL) all costs and fees associated with the wire transfers expenses of Rent payments, any trustee under any Mortgage and (KM) any other items specifically required to be paid by Tenant under this Lease, which costs and expenses shall include, without limitation, all Costs, judgments, settlement amounts, Impositions, insurance premiums, appraisal fees, the cost of performing and reporting any Site Assessment if an Environmental Violation is found, the cost of monitoring compliance with the provisions of Paragraph 10(f) hereof, including the reasonable cost of consultants retained by Landlord and Lender, the cost of curing any Environmental Violation, and the cost of complying with all Legal Requirements, fines, penalties and interest; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Datepaid, an amount (the "Late Charge") equal to five three percent (53%) of the amount of such unpaid installment or portion thereof thereof; provided, however, that with respect to the first two late payment payments of all or any portion of any installment of Basic Rent in any Lease Year, consecutive twelve (12) month period the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five three (53) days' business days following the due date thereofreceipt by Tenant of written notice that such installment has not been received; (iii) a sum equal to any additional sums (including any late charge, default penalties, interest and fees of Lender's counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant's late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest at the rate per annum (the "Default Rate") of four percent (4%) over equal to the Prime Rate default interest rate per annum in the Note on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date Tenant receives notice of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when that Tenant receives notice any such amount becomes has become overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten five (105) Business Days days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days after immediately upon Landlord's demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "“Additional Rent"”): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant Tenant, Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's ’s obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, including costs and expenses incurred in connection with the payment of a Prepayment Premium, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's ’s counsel and reasonable out-of-pocket internal Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease Tenant, and (IJ) the reasonable out-of-pocket internal Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's ’s failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, situation and (K) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "“Late Charge"”) equal to five three percent (53%) of the amount of such unpaid installment or portion thereof thereof, provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' ’ following the due date thereof; (iii) a sum equal to any additional sums (including any late charge, default penalties, interest and fees of Lender’s counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant’s late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest at the rate (the "“Default Rate"”) of four three percent (43%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days days after Landlord's ’s demand for payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days days after Landlord's ’s demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "“Additional Rent"”): (i) except as otherwise specifically provided herein, all costs and expenses of Tenant, and all reasonable costs and expenses of Tenant and Landlord which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's ’s obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, including costs and expenses incurred in connection with the payment of a Prepayment Premium, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's ’s external counsel and reasonable out-of-pocket Costs of Landlord legal services provided by Landlord’s affiliate incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel, affiliate or otherwise) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to or the extent authorized review and monitoring of compliance by Tenant with the terms of this Lease Lease, including compliance with Post Closing Obligations and applicable Law, (IJ) the reasonable out-of-pocket internal Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's ’s failure to act promptly in an emergency situation, (JK) all of Tenant’s costs and fees associated with the wire transfers payment of Rent paymentsRent, and (KL) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Datepaid, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof (“Late Charge”); provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five two (52) days' days following the due date thereofnotice from Landlord that such payment or portion thereof has not been received; (iii) a sum equal to any additional sums (including any late charge and fees of Lender’s counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant’s late payment or non-payment of Basic Rent or by reason of an Event of Default; (iv) interest at the rate (the "“Default Rate"”) of four five percent (45%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional RentRent which are payable to Landlord, from the date when any such amount becomes overdue;; and (v) five thousand dollars ($5,000) per month for each full calendar month that Tenant is late in the delivery of the annual and quarterly financial statements that are required to be delivered pursuant to Paragraph 28(b). (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten five (105) Business Days days after Landlord's ’s demand for payment thereof, and (ii) any other Additional RentRent which is payable to Landlord, within ten five (105) Business Days days after Landlord's ’s demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) or elsewhere in this Lease exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "“Additional Rent"):”) the following costs and expenses: (i) except as otherwise specifically provided herein, all Costs of Tenant, Landlord (including Costs of Landlord’s and Lender’s counsel and Landlord’s and Lender’s reasonable internal Costs; provided, Landlord’s reasonable internal Costs shall be equal to Landlord’s actual Costs and set out in an invoice delivered to Tenant and Landlord’s internal Costs shall exclude those internal costs and expenses associated with the day-to-day management by Landlord of Tenant this Lease) and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's ’s obligations under this Lease, (C) any sale or other transfer of the Leased Premises to Tenant under this Lease, including Costs incurred in connection with the payment of a Prepayment Premium, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, Landlord of any of its rights under this Lease, (GH) the preparation, negotiation and execution of this Lease (to the extent not paid by Tenant at Closing pursuant to the Purchase and Sale Agreement), (I) any amendment or supplement to or modification or termination of this Lease made at the request requested by Tenant or necessitated by any action of Tenant, (H) Costs including without limitation, any default by Tenant in the performance of Landlord's counsel and reasonable out-of-pocket Costs any of Landlord incurred in connection with the preparation, negotiation and execution of its obligations under this Lease, or incurred in connection with (J) any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant, or the review and monitoring of compliance by Tenant to with the extent authorized by terms of this Lease and applicable Law, (IK) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's ’s failure to act promptly in an emergency situation, (JL) all costs and fees associated with the wire transfers of Rent payments, and (KM) any all other items specifically required to be paid by Tenant under this Lease; (ii) after the date if all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "“Late Charge"”) equal to five percent (5%) of the amount of such unpaid installment or portion thereof providedto reimburse Landlord for its Costs and inconvenience incurred as a result of Tenant’s delinquency, howevernotwithstanding the foregoing, before the Late Charge is incurred as provided herein, Tenant shall have one (1) grace period of three (3) days once per calendar year during the Term but following the expiration of such grace period and/or if Tenant should breach such obligation again during such calendar year, then no grace period shall apply and any Late Charge(s) shall be immediately due and payable (note that with respect the foregoing is not and shall not constitute a grace period for failure to the first late payment of all or any portion of pay any installment of Basic Rent as required herein and such grace period as provided in any Lease Year, this subsection (ii) only relates to the date on which the Late Charge shall not be due is incurred and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereofpayable); (iii) a sum equal to any additional amounts (including any late charge in excess of the amount payable under clause (ii) above for that portion of the Basic Rent paid to the Lender as scheduled installments of principal and interest, default penalties, interest in excess of amounts payable under clause (iv) below for that portion of the Basic Rent paid to the Lender as scheduled installments of principal and interest, and fees of Lender’s counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant’s late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest, from the date of delinquency, at the rate (the "“Default Rate"”) of four five percent (45%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;due. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) on the earlier of (A) demand for payment by Landlord or (B) when the same shall become due, ; provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten five (105) Business Days after Landlord's ’s demand for payment thereof, and (ii) any other Additional Rent, on the earlier of (A) demand by Landlord or (B) within ten five (105) Business Days after Landlord's demand for payment thereofthe due date. All payments of Additional Rent and all other Monetary Obligations shall be paid by wire transfer (or Automated Clearing House, as applicable) pursuant Paragraph 6(b). (dc) In no event shall amounts payable under Paragraph Paragraphs 7(a)(ii), (iii) and (iiiiv) or elsewhere in this Lease exceed the maximum amount permitted by applicable Law. (d) Landlord and Tenant agree that each provision of this Lease for determining charges amounts and other Additional Rent payable by Tenant is commercially reasonable and, as to each such charge or amount, constitutes a “method by which the charge is to be computed” for purposes of Section 93.012 of the Texas Property Code, which Section was originally enacted by House ▇▇▇▇ 2186, 77th Legislature. ACCORDINGLY, TENANT VOLUNTARILY AND KNOWINGLY WAIVES ALL RIGHTS AND BENEFITS, IF ANY, AVAILABLE TO TENANT UNDER SECTION 93.012 OF THE TEXAS PROPERTY CODE, AS SUCH SECTION NOW EXISTS OR AS IT MAY BE HEREAFTER AMENDED, SUCCEEDED AND/OR RENUMBERED.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant Tenant, Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except including, without limitation, all Annual Operating Costs (as defined herein) for Landlord's general overheadeach Lease Year, (B) the performance of any of Tenant's obligations under this Lease, (C) any Condemnation proceedings, (D) the adjustment, settlement sale or compromise other transfer of any insurance claims involving or arising from any of the Leased PremisesPremises to Tenant by Landlord in connection with the Exchange, (ED) the prosecution, defense or settlement of any litigation involving or arising from any breach of the terms of this Lease by Tenant, its sublessee, assignee or any Person occupying the Leased Premises (unless caused by the gross negligence under or willful misconduct of Landlord or its agents), this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and through Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigation, (FE) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GF) any amendment to or modification or termination of this Lease made at the request of Tenant, (HG) Costs of Landlord's counsel and reasonable out-of-pocket internal Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant or the review and monitoring of compliance by Tenant with the terms of this Lease, including applicable Law (and Landlord agrees to the extent authorized by this Lease provide Tenant with fifteen (I15) the reasonable out-of-pocket days prior written notice of its estimated internal or counsel Costs of Landlord incurred in connection with any act undertaken by Landlord at this Paragraph 7 (i) except that in the request case of Tenant or Tenant's failure to act promptly in an emergency situationno notice shall be required), (JH) all costs and fees associated with the wire transfers of Rent payments, (I) an administrative fee of $10,000 payable to Landlord in connection with any Exchange, and (KJ) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof to reimburse Landlord for its cost and inconvenience incurred as a result of Tenant's delinquency, provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' days following the due date thereof; (iii) a sum equal to any additional sums (including any late charge in excess of the amount payable under clause (ii) above for that portion of the Basic Rent paid to the Lender as scheduled installments of principal and interest, default penalties, interest in excess of amounts payable under clause (iv) below for that portion of the Basic Rent paid to the Lender as scheduled installments of principal and interest, and fees of Lender's counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant's late payment or non-payment of Basic Rent or by reason of the occurrence and continuance of an Event of Default; (iv) interest at the rate (the "Default Rate") of four three percent (43%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue; (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days after Landlord's demand for payment thereof. (d) In no event shall amounts payable under Paragraph 7(a)(ii) and (iii) exceed the maximum amount permitted by applicable Law.; and

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "“Additional Rent"”): (i) except as otherwise specifically provided herein, all Costs of Tenant, Landlord (including Costs of Landlord’s counsel and Landlord’s reasonable costs internal Costs) and expenses of Tenant and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for including, without limitation, all Costs associated with the resolution, in a manner reasonably satisfactory to Landlord's general overhead, of the “apparent deed gap” issue noted on those certain surveys dated March 29, 2007, prepared by ▇▇▇▇▇▇▇ & ▇▇▇▇▇▇▇, Inc. impacting the ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, Virginia property and the ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇, Virginia property, (B) the performance of any of Tenant's ’s obligations under this Lease, (C) any sale or other transfer of the Leased Premises to Tenant under this Lease, including costs and expenses incurred in connection with the payment of a Prepayment Premium, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and (except to the extent that Tenant such litigation is not the prevailing party in such litigationresult of the actions or omissions of Landlord), (FG) the exercise or successful enforcement by Landlord, its successors and assigns, Landlord of any of its rights under this Lease, (GH) any amendment or supplement to or modification or termination of this Lease made at the request requested by Tenant or necessitated by any action of Tenant, including without limitation, any default by Tenant in the performance of any of its obligations under this Lease, (HI) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant, or the review and monitoring of compliance by Tenant to with the extent authorized by terms of this Lease Lease, including compliance with applicable Law, (IJ) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's ’s failure to act promptly in an emergency situation, (JK) all costs and fees associated with the wire transfers of Rent payments, and (KL) any all other items specifically required to be paid by Tenant under this Lease; (ii) after the date If all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "“Late Charge"”) equal to five percent (5%) of the amount of such unpaid installment or portion thereof provided, however, that with respect to the first late payment reimburse Landlord for its cost and inconvenience incurred as a result of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereofTenant’s delinquency; (iii) a sum equal to any additional sums (including any late charge in excess of the amount payable under clause (ii) above for that portion of the Basic Rent paid to the Lender as scheduled installments of principal and interest, default penalties, interest in excess of amounts payable under clause (iv) below for that portion of the Basic Rent paid to the Lender as scheduled installments of principal and interest, and fees of Lender’s counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant’s late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest at the rate (the "“Default Rate"”) of four five percent (45%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, ; provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten five (105) Business Days after Landlord's ’s demand for payment thereof, and (ii) any other Additional Rent, within ten five (105) Business Days after Landlord's ’s demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) or elsewhere in this Lease exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "“Additional Rent"”): (i) except as otherwise specifically provided hereinherein (including, without limitation, Paragraph 17 below), all reasonable costs and expenses of Tenant Tenant, Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's ’s obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation (other than between Landlord and Tenant) involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this LeaseLease (which are successful, in whole or in part) (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's ’s counsel and reasonable out-of-pocket internal Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease Tenant, (IJ) the reasonable out-of-pocket internal Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's ’s failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, and (K) any other items specifically required to be paid by Tenant under this Lease;. Nothing herein shall make Tenant liable for the payment (as Additional Rent or otherwise) of any Costs or expenses (i) which result solely from the gross negligence or willful misconduct of Landlord, (ii) as to which there has been a judicial determination that same were incurred in bad faith by Landlord or (iii) which are incurred by Landlord as a part of its general administrative and overhead costs or expenses, or accounting and tax compliance costs or fees, unless such costs and/or expenses are expressly provided to be paid by Tenant hereunder. (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment DateDate (excluding any Expansion Basic Rent for which Tenant shall be entitled to receive a credit pursuant to Paragraph 2(b) of Exhibit D), an amount (the "“Late Charge"”) equal to five percent (5%) of the amount of such unpaid installment or portion thereof thereof, provided, however, that with respect to the first two (2) late payment payments of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' days following the due date thereof; (iii) a sum equal to any additional sums (including any late charge, default penalties, interest and fees of Lender’s counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant’s late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest at the rate (the "“Default Rate"”) of four percent (4%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from the respective due dates thereof, provided, however, that with respect to the first two (2) late payments of all or any portion of any installment of Basic Rent in any Lease Year, interest at the Default Rate shall not commence unless the Basic Rent has not been paid within five (5) days' days following its the due date unless such overdue installments are paid in full within such five (5) day periodthereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten twenty (1020) Business Days days after Landlord's ’s demand for payment thereof, and (ii) any other Additional Rent, within ten twenty (10) Business Days 20)days after Landlord's ’s demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "“Additional Rent"):”) the following costs and expenses: (i) except as otherwise specifically provided herein, all Costs of Tenant, Landlord (including, from and after an Event of Default, Landlord’s reasonable internal Costs, but excluding those costs and expenses associated with the day-to-day management by Landlord of Tenant this Lease) and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's ’s obligations under this Lease, (C) [omitted], (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims (under insurance policies maintained by or required to be maintained by Tenant under this Lease) involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigation, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, Landlord of any of its rights under this Lease, (GH) any amendment or supplement to or modification or termination of this Lease made at the request requested by Tenant or reasonably necessitated by any action of Tenant, including without limitation, as a result of any Event of Default, (HI) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant, or the review and monitoring of compliance by Tenant to with the extent authorized by terms of this Lease and applicable Law, (IJ) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's ’s failure to act promptly in an emergency situationsituation of imminent or reasonably foreseeable harm to persons or property and related to the Leased Premises, (J) all costs and fees associated with the wire transfers of Rent payments, and (K) any and all fines, penalties, charges, or fees charged or levied in connection with the ▇▇▇▇ Contamination, and (L) all other items specifically required to be paid by Tenant under this Lease; (ii) after the date if all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "“Late Charge"”) equal to five percent (5%) of the amount of such unpaid installment or portion thereof providedto reimburse Landlord for its Costs and inconvenience incurred as a result of Tenant’s delinquency, howeversuch Late Charge shall be levied from the applicable Basic Rent Payment Date, that with respect to notwithstanding the first late payment of all or any portion of foregoing, if Tenant pays any installment of Basic Rent after the date it is due but prior to the expiration of any grace period provided in any Lease YearParagraph 22(a)(i), then the Late Charge shall not be due and payable unless the applied to such payment of Basic Rent has not been paid within five (5) days' following the due date thereof;Rent; and (iii) interest interest, from the date such payment of Basic Rent or Additional Rent (as applicable) was due and payable, at the rate (the "“Default Rate"”) of four five percent (45%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;due; notwithstanding the foregoing, if Tenant pays any installment of Basic Rent or Additional Rent after the date it is due but prior to the expiration of any grace period provided in Paragraph 22(a)(i) or Paragraph 7(b), then the Default Rate shall not be applied to such payment of Basic Rent or Additional Rent (as applicable). (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(ion the earlier of (A) when demand for payment by Landlord or (B) within five (5) Business Days of the same shall become due, due date; provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days after Landlord's ’s demand for payment thereof, . All payments of Additional Rent and (ii) any all other Additional Rent, within ten (10) Business Days after Landlord's demand for payment thereofMonetary Obligations shall be paid by wire transfer pursuant Paragraph 6(b). (dc) In no event shall amounts payable under Paragraph Paragraphs 7(a)(ii) and (iii) or elsewhere in this Lease exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except Except for Landlord's Expenses or as otherwise specifically provided herein, all reasonable costs and expenses of Tenant Tenant, Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, maintenance alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any Condemnation proceedings, (D) the adjustment, settlement sale or compromise other transfer of any insurance claims involving or arising from any of the Leased PremisesPremises to Tenant under this Lease, (ED) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in unless such litigation arises as a result of the event gross negligence or willful misconduct of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FE) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this LeaseLease during the pendency of an Event of Default, (GF) any amendment to or modification or termination of this Lease made at the request of Tenant, (HG) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant Tenant, (H) sales taxes payable by the Landlord on the purchase of goods and services included in Additional Rent (excluding any such sales taxes as are available to and claimed by the Landlord as a credit in determining the Landlord's net tax liability on account of sales taxes but only to the extent authorized by this Lease that such sales taxes are included in Additional Rent); (I) Capital Taxes, (J) the reasonable outreview of Post-of-pocket Costs Closing Obligations, (K) an administrative fee of $10,000 payable to Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, Exchange and (KL) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date that is seven (7) days after all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Datepaid, a late charge in an amount (the "Late Charge") equal to five three percent (53%) of the amount of such unpaid installment or portion thereof thereof, as liquidated damages in order to compensate Landlord for a portion of the costs and expenses related to handling such late payment, the amounts of which are difficult or impossible to measure; (iii) in addition to the amounts payable under clauses 7(a)(ii) and (iv) a sum equal to any additional sums (including any late charge payable on the portion of Basic Rent equal to installments of principal and interest on the then outstanding Loan, default penalties, interest and fees of lender's counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant's late payment or non-payment of Basic Rent or by reason of an Event of Default, provided, however, that with respect Tenant shall receive as a credit against any late charge or default interest payable on the then outstanding Loan an amount equal to the first product of (x) the sum of the late payment charge paid pursuant to Paragraph 7(a)(ii) and the amount of all or any portion the default interest paid pursuant to Paragraph 7(a)(iv) and (y) the ratio of any installment the amount of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless Loan to the Basic Rent has not been paid within five (5) days' following the due date thereof;Acquisition Cost; and (iiiiv) interest at the rate (the "Default Rate") of four three percent (43%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five the date that is (5) days' following its Business Days after the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant and delivered notice to Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any that is ten (10) Business Days after the date upon which Landlord shall have notified Tenant in writing of such amount becomes overdue;overdue amount. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days after Landlord's demand written request for payment thereof, and (ii) any other Additional Rent, within within; ten (10) Business Days after Landlord's demand written request for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iii) iv), or elsewhere in this Lease exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant and Landlord which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease Tenant, (IJ) the reasonable out-of-pocket internal Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, and (K) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "Late Charge") equal to five four percent (54%) of the amount of such unpaid installment or portion thereof thereof, provided, however, that with respect to the first two late payment payments of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereof; (iii) a sum equal to any additional sums (including any late charge, default penalties, interest and fees of Lender's counsel) which are payable by Landlord to any Lender under any Note by reason of an Event of Default and which are in excess of the late charge and interest at the Default Rate that is payable by Tenant to Landlord under Paragraphs 7(a)(ii) and 7(a)(iv) by reason of such late payment or non-payment or Event of Default; and (iv) interest at the rate (the "Default Rate") of four five percent (45%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its due date unless such overdue installments are paid in full within such five (5) day the expiration of any applicable notice and cure period, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from five (5) days after the date on which Tenant receives notice of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten five (105) Business Days days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten five (105) Business Days days after Landlord's demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional RentADDITIONAL RENT"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant Tenant, Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the ground leasing of the Land or sale of the Leased Premises Improvements and Equipment to Landlord provided(it being understood and agreed, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigation), (FG) the exercise or successful enforcement by Landlord, Landlord or its successors and assigns, of any of its rights under this Lease, except to the extent that Tenant is the prevailing party in any resulting litigation, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's counsel and reasonable out-of-pocket internal Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease (I) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, and (J) all costs and fees associated with the wire transfers of Rent payments, and (K) any other items specifically required to be paid by Tenant under this LeaseLease (other than Basic Rent); (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "Late ChargeLATE CHARGE") equal to five four percent (54%) of the amount of such unpaid installment or portion thereof thereof, provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereofnotice of non-payment; (iii) a sum equal to any additional sums (including any late charge, default penalties, interest and fees of Lender's counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant's late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest at the rate (the "Default RateDEFAULT RATE") of four five percent (45%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day period, dates thereof and (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days days after Landlord's demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided hereinfor or limited in this Lease, all reasonable costs and expenses of Tenant Tenant, and all Costs of Landlord and any other Persons specifically referenced herein, which are incurred in connection or associated with (A) the ownershipTenant's (or any Person claiming by, through or under Tenant) use, non-use, occupancyoccupancy or possession of the Leased Premises or their operations thereat, monitoring, possession, operation, or the condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease (other than any Income Taxes imposed upon the Landlord, as seller), (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's counsel and reasonable out-of-pocket internal Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, Tenant or incurred in connection with any act of Landlord performed on behalf of Tenant (to the extent authorized by this Lease (I) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken permitted by Landlord at under the request terms of Tenant this Lease), or the review and monitoring of Tenant's failure compliance with its obligations under Paragraph 10 hereof or with respect to act promptly in an emergency situation, any Post-Closing Obligations and (J) all costs and fees associated with the wire transfers of Rent payments, and (K) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof to reimburse Landlord for its cost and inconvenience incurred as a result of Tenant's delinquency, provided, however, that with respect to the first two (2) late payment payments of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' days following the due date thereof; (iii) interest at the rate (the "Default Rate") of four five percent (45%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments any unpaid installment of Basic Rent from five (5or portion thereof) days' following its due date unless such overdue installments are paid in full within such five (5) day period, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts or any unpaid item of Additional Rent, from (or portion thereof), for the period beginning upon the expiration of the applicable notice and cure period until the date when any that such amount becomes overdue;is paid in full. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days days after Landlord's demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii) and (iii) or elsewhere in this Lease exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and dischargeAs used in this Lease, as additional rent (collectively, "the term “Additional Rent"): ” shall mean all sums of money, other than Base Rent, that shall become due from and payable by Tenant pursuant to this Lease. This Lease is intended to be a triple-net lease with respect to Landlord; subject to Paragraph 13(b) below and except as otherwise expressly provided in this Lease, the Base Rent owing hereunder is (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant and Landlord which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any Condemnation proceedings, (D) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (E) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents), this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigation, (F) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (G) any amendment to or modification or termination of this Lease made at the request of Tenant, (H) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease (I) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, and (K) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date absolutely net of all or any portion of any installment of Basic Rent is due costs and not paid by the applicable Basic Rent Payment Date, an amount (the "Late Charge") equal expenses relating to five percent (5%) Landlord’s ownership and operation of the amount of such unpaid installment or portion thereof provided, however, that with respect to Project and the first late payment of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereof; (iii) interest at the rate (the "Default Rate") of four percent (4%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its due date unless such overdue installments are paid in full within such five (5) day period, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue; (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days after Landlord's demand for payment thereofBuilding, and (ii) not to be reduced, offset or diminished, directly or indirectly, by any other Additional cost, charge or expense payable hereunder by Tenant or by others in connection with the Premises, the Building and/or the Project, or any part thereof. The provisions of this Paragraph 4(b) for the payment of Tenant’s Proportionate Share(s) of Expenses (as hereinafter defined) are intended to pass on to Tenant, Tenant’s Proportionate Share of all such costs and expenses relating to Landlord’s ownership and operation of the Premises, the Building and/or the Project. Landlord may from time to time, at its option, allocate and charge Expenses to an individual Building(s) or Tenant(s) in the Project in its reasonable discretion. During the term, in addition to the Base Rent, within ten Tenant shall pay to Landlord, in accordance with this Paragraph 4, Tenant’s Proportionate Share(s) of all costs and expenses paid or incurred by Landlord in connection with the ownership, operation, maintenance, management and repair of the Premises, the Building and/or the Project or any part thereof, including, without limitation, all the following items (10) Business Days after Landlord's demand for payment thereof. (d) In no event shall amounts payable under Paragraph 7(a)(ii) and (iii) exceed collectively, the maximum amount permitted by applicable Law.“Expenses”):

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all costs and expenses of Tenant, and all actual and reasonable costs and expenses of Tenant and incurred, payable or reimbursable by Landlord which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease (except that in the case of Tenant's exercise of its rights pursuant to Paragraph 35 hereof, only to the extent such third party would be obligated to pay such costs or expenses), (D) to the extent same are not paid from any Net Award, any Condemnation proceedings, (DE) to the extent same are not paid from any Net Award, the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) other than a suit by Tenant against Landlord in which Tenant is the prevailing party, the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, Lease or Costs incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease Tenant, and (IJ) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, and (K) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Datepaid, an amount (the "Late Charge") equal to five four percent (54%) of the amount of such unpaid installment or portion thereof thereof, provided, however, that with respect to the first two late payment payments of all or any portion of any installment of Basic Rent in any Lease Yearconsecutive twelve (12) month period, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) business days' following the due date thereof; (iii) a sum equal to any additional sums (including any late charges, default penalties and interest, and Landlord's and Lender's reasonable attorneys' fees) which are actually incurred and paid by Landlord under any Note, by reason of Tenant's late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest at the rate (the "Default Rate") of four five percent (45%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of 14 Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten thirty (1030) Business Days days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten thirty (1030) Business Days days after Landlord's demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant Tenant, Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease or any Affiliate or designee of Tenant including any conveyance of the Leased Premises in accordance with Paragraph 20 hereof, (D) any Condemnation proceedings, (DE) the adjustmentadjust▇▇▇▇, settlement or compromise ▇▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇romise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's counsel and reasonable out-of-pocket internal Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to or the extent authorized review and monitoring of compliance by Tenant with the terms of this Lease (I) the reasonable out-of-pocket Costs following an Event of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situationDefault hereunder, (J) all Condominium Expenses, (K) all fees and costs and (including any late fees or default interest due) incurred or payable under or associated with the wire transfers Condominium, the Condominium Documents, the Severance Lease or the Ground Lease, or any compliance with any of Rent paymentsthe foregoing, (L) all Costs associated with the delivery of the Beneficial Transfer Documents, including reasonable attorney's fees and all transfer taxes payable with respect to the recording of the True Assignment, and (KM) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereofIntentionally Omitted; (iii) a sum equal to any additional sums (including any late charge in excess of the amount payable under clause (ii) above for that portion of the Basic Rent paid to the Lender as scheduled installments of principal and interest, default penalties, interest in excess of amounts payable under clause (iv) below for that portion of the Basic Rent paid to the Lender as scheduled installments of principal and interest, and fees of Lender's counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant's late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest at the rate (the "Default Rate") of four five percent (45%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days business days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days business days after Landlord's demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) or elsewhere in this Lease exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant and all reasonable costs and expenses of, Landlord and any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or Costs of Landlord's counsel incurred in connection with the review and/or negotiation of documents requested by Tenant and Costs of third party consultants retained by Landlord in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant that Landlord has the right to perform under the extent authorized by terms of this Lease Lease, (IJ) the reasonable out-of-pocket Costs cost of Landlord incurred a consultant retained by Lender to review plans, specifications, and contracts in connection with any act undertaken by Landlord at Alteration for which the request approval of Tenant Lender is required or Tenant's failure to act promptly permitted under the terms of the Mortgage and the reasonable costs of Lender in an emergency situation, (J) all costs and fees associated connection with any inspection of the wire transfers of Rent paymentsLeased Premises, and (K) any other items specifically required to be paid by Tenant under this Lease, which costs and expenses shall include, without limitation, all Costs, judgments, settlement amounts, Impositions, insurance premiums, appraisal fees, the cost of performing and reporting any Site Assessment if an Environmental Violation is found, the cost of monitoring compliance with the provisions of Paragraph 10(j) hereof, including the reasonable cost of consultants retained by Landlord and Lender, the cost of curing any Environmental Violation, and the cost of complying with all Legal Requirements, fines, penalties and interest; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Datepaid, an amount (the "Late Charge") equal to five three percent (53%) of the amount of such unpaid installment or portion thereof thereof; provided, however, that with respect to the first two late payment payments of all or any portion of any installment of Basic Rent in any Lease Year, consecutive twelve (12) month period the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five three (53) days' business days following the due date thereofreceipt by Tenant of written notice that such installment has not been received; (iii) a sum equal to any additional sums (including any late charge, default penalties, interest and fees of Lender's counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant's late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest at the rate per annum (the "Default Rate") of four percent (4%) over equal to the Prime Rate default interest rate per annum in the Note on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date Tenant receives notice of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when that Tenant receives notice any such amount becomes has become overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten five (105) Business Days days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days after immediately upon Landlord's demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "“Additional Rent"):”) the following amounts: (i) except as otherwise specifically provided herein, all reasonable costs Costs of Tenant, Landlord, Lender and expenses of Tenant and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's ’s obligations under this Lease, (C) any Condemnation proceedings, (D) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (E) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents), this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigation, (F) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights or remedies under this Lease, (G) any amendment to or modification or termination of this Lease made at the request of Tenant, and/or (H) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease (I) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, and (K) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date which is five (5) business days after the date on which all or any portion of any installment of Basic Interim Rent or Minimum Rent is due and not paid by the applicable Basic Rent Payment Datepaid, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof providedthereof. The foregoing late fees are not a penalty, however, that with respect and Tenant’s obligation to the first pay Landlord late payment fees as set forth above shall be in addition to all of all Landlord’s other rights and remedies hereunder or any portion of any installment of Basic Rent in any Lease Year, the Late Charge at law and shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereofconstrued as liquidated damages or as limiting Landlord’s remedies in any manner; (iii) interest at the rate (the "“Default Rate"”) of four three percent (43%) over per annum in excess of the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Interim Rent or Minimum Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of Landlord’s notice of the payment thereof made by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue; (biv) If Landlord does not provide written notice concurrently with each payment of Interim Rent or Minimum Rent, any rent tax, sales tax, excise tax, privilege tax or other tax then payable with respect to real property rents, and any penalties in connection therewith; and (v) any other items specifically required to be paid by Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date under this Lease, including items in Section 12 that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amountsreference this Section 7. (cb) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph Section 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten five (105) Business Days days after Landlord's ’s demand for payment thereof, and (ii) any other Additional Rent, within ten five (105) Business Days days after Landlord's ’s demand for payment thereof. (dc) In no event shall amounts payable under Paragraph Section 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant Tenant, Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs attorneys fees of Landlord's counsel not to exceed the sum actually and reasonably incurred and reasonable out-of-pocket internal Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed to the extent permitted herein on behalf of Tenant to the extent authorized by this Lease Tenant, (IJ) the reasonable out-of-pocket internal Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, situation and (K) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof thereof, provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereof; (iii) a sum equal to the positive difference between (A) any additional sums (including any late charge, default penalties, interest and attorneys' fees of Lender's counsel not to exceed the sum actually and reasonably incurred) which are payable by Landlord to any Lender under any Note solely by reason of Tenant's late payment or non-payment of Basic Rent or by reason of an Event of Default and (B) the amount paid pursuant to Paragraph 7(a)(ii) on the portion of Basic Rent attributable to three (3) months of principal and interest payments on the Note then outstanding; and (iv) interest at the rate (the "Default Rate") of four five percent (45%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of TenantTenant to the extent permitted herein, from the date of payment thereof by Landlord, provided Landlord gives Tenant notice thereof within fifteen (15) days after said payment and (C) all other overdue amounts of Additional RentRent that are payable to Landlord hereunder, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten fifteen (1015) Business Days days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten fifteen (1015) Business Days days after Landlord's demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "“Additional Rent"”): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant and the reasonable costs and expenses of Landlord which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overheadprovided, however, in no event shall Tenant be responsible to pay installments of principal and interest payable under the Note, (B) the performance of any of Tenant's ’s obligations under this Lease, (C) any sale or other transfer of the Leased Premises to Tenant under this Lease, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) reasonable Costs of Landlord's ’s counsel and reasonable out-of-pocket internal Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant in accordance with the provisions of Paragraph 23(g) or incurred in connection with any Prepayment Premium which Tenant is required to the extent authorized by this Lease pay, (IJ) the reasonable out-of-pocket internal Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's ’s failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, and (K) and any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Datepaid, an amount (the "Late Charge") equal to five four percent (54%) of the amount of such unpaid installment or portion thereof (the “Late Charge”), provided, however, that with respect to the first two late payment payments of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' ’ following the due date thereof;, and (iii) interest at the rate (the "“Default Rate"”) of four three percent (43%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from the respective due dates thereof as to any such installment that has not been made within five (5) days' following days of its due date unless such overdue installments are paid in full within such five (5) day perioddate, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten fifteen (1015) Business Days days after Landlord's ’s demand for payment thereof, and (ii) any other Additional Rent, within ten fifteen (1015) Business Days days after Landlord's ’s demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii) and (iii) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "“Additional Rent"”): (i) except as otherwise specifically provided or limited herein (including, without limitation, Paragraphs 15, 17, 20 and 30), all Costs of Tenant, Landlord and any other Persons specifically referenced herein, all reasonable costs and expenses of Tenant and Landlord as applicable, which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's ’s obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any third party litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized after a default by this Lease (I) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant hereunder or Tenant's ’s failure to act promptly in an emergency situation, (J) all costs and fees associated with the outgoing, but not incoming, wire transfers of Rent payments, and (K) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "“Late Charge"”) equal to five four percent (54%) of the amount of such unpaid installment or portion thereof thereof, provided, however, that with respect to the first two (2) late payment payments of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) business days' ’ following the due date thereof; (iii) a sum equal to any additional sums (including any late charge, default penalties, interest and fees of Lender’s counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant’s late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest at the rate (the "“Default Rate"”) of four percent (4%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue any installments of Basic Rent from five (5) days' following its due date unless such overdue installments are not paid in full within such five (5) day periodon or prior to the expiration of any application notice and cure period under Paragraph 22(b), (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from not paid in full on or prior to the date when expiration of any such amount becomes overdue;application notice and cure period under Paragraph 22(b). (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days business days after Landlord's ’s demand for payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days business days after Landlord's ’s demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional RentADDITIONAL RENT"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant Tenant, Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs reasonable costs of Landlord's outside counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease (I) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, and (KJ) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Datepaid, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof ("LATE CHARGE"); provided, however, that with respect to the first two late payment payments of all or any portion of any installment of Basic Rent in any Lease Yearconsecutive twelve (12) month period, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereof; (iii) a sum net of the amount of the Late Charge (including any late charge, default penalties, interest and fees of Lender's counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant's late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest at the rate (the "Default Rate") of four three percent (43%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, Tenant fifteen (15) days from the date Landlord notifies Tenant in writing of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten five (105) Business Days days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten five (105) Business Days days after Landlord's demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant Tenant, Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in so long as the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in any such litigationprosecution or defense or the settlement requires payment or performance by Tenant, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's counsel and reasonable out-of-pocket internal Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant following Tenant's failure to perform any such act after receipt of the extent authorized by this Lease applicable notice under Paragraph 22(b), (IJ) the reasonable out-of-pocket internal Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, and (K) any other items specifically required to be paid by Tenant under this Lease; provided, however, that Additional Rent shall not include costs related to Landlord's business such as the cost of preparing Landlord's financial statements, or tax returns, or the sales costs for selling the Leased Premises except for a sale to Tenant or a designee of Tenant; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Datepaid, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereof; (iii) a sum equal to any additional sums (including any late charge, default penalties, interest and fees of Lender's counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant's late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest at the rate (the "Default Rate") of four five percent (45%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day period, dates thereof and (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten twenty (1020) Business Days days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten twenty (1020) Business Days days after Landlord's demand for payment thereofthereof accompanied by an invoice or statement for the amount of the Additional Rent due and owing. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional RentADDITIONAL RENT"): (i) except as otherwise specifically provided herein, all costs and expenses of Tenant, and all actual and reasonable costs and expenses of Tenant and incurred, payable or reimbursable by Landlord which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease (except that in the case of Tenant's exercise of its rights pursuant to Paragraph 35 hereof, only to the extent such third party would be obligated to pay such costs or expenses), (D) to the extent same are not paid from any Net Award, any Condemnation proceedings, (DE) to the extent same are not paid from any Net Award, the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) other than a suit by Tenant against Landlord in which Tenant is the prevailing party, the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, Lease or Costs incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease Tenant, and (IJ) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, and (K) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Datepaid, an amount (the "Late Charge") equal to five four percent (54%) of the amount of such unpaid installment or portion thereof thereof, provided, however, that with respect to the first two late payment payments of all or any portion of any installment of Basic Rent in any Lease Yearconsecutive twelve (12) month period, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) business days' following the due date thereof; (iii) a sum equal to any additional sums (including any late charges, default penalties and interest, and Landlord's and Lender's reasonable attorneys' fees) which are actually incurred and paid by Landlord under any Note, by reason of Tenant's late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest at the rate (the "Default Rate") of four five percent (45%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten thirty (1030) Business Days days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten thirty (1030) Business Days days after Landlord's demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant, Landlord and any other Persons specifically referenced herein (including support staff costs and litigation preparation costs in connection with any litigation for which costs are payable by Tenant and Landlord hereunder) which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord providedLandlord, however, that in the event of except any litigation involving only or dispute between Landlord and Lender or any purchaser that is unrelated to Tenant or Tenant's obligations, representations or warranties under this Lease or any document executed by Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationconnection with this Lease, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) reasonable Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease (I) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent paymentsas permitted herein, and (KJ) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Datepaid, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof thereof, provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Yearconsecutive twelve (12) month period, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereof; (iii) a sum equal to any additional sums (including any late charge, default penalties, interest and fees of Lender's counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant's late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest at the rate (the "Default Rate") of four five percent (45%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof excluding any grace periods, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;overdue excluding any grace periods. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten five (105) Business Days days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten five (105) Business Days days after Landlord's demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "“Additional Rent"”): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant Tenant, Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's counsel and reasonable out-of-pocket internal Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to or the extent authorized review and monitoring of compliance by Tenant with the terms of this Lease Lease, including [any Post-Closing Obligations and] applicable Law, (IJ) the reasonable out-of-pocket internal Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (JK) all costs and fees associated with the wire transfers of Rent payments, and (KL) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "“Late Charge"”) equal to five percent (5%) of the amount of such unpaid installment or portion thereof to reimburse Landlord for its cost and inconvenience incurred as a result of Tenant's delinquency, provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' days following the due date thereof. Tenant acknowledges that the damages to and costs incurred by Landlord resulting from Tenant’s late payment of Basic Rent would be difficult, if not impossible, to ascertain with any accuracy, and that the five (5%) charge represents Landlord and Tenant's efforts to approximate such potential damages and costs; (iii) a sum equal to any additional sums (including any late charge in excess of the amount payable under clause (ii) above for that portion of the Basic Rent paid to the Lender as scheduled installments of principal and interest, default penalties, interest in excess of amounts payable under clause (iv) below for that portion of the Basic Rent paid to the Lender as scheduled installments of principal and interest, and fees of Lender's counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant's late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest at the rate (the "“Default Rate"”) of four five percent (45%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;; and (v) five thousand dollars ($5,000) per month for each month that Tenant is late in the delivery of the annual and quarterly financial statements that are required to be delivered pursuant to Paragraph 28(b). (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten five (105) Business Days days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten five (105) Business Days days after Landlord's demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) or elsewhere in this Lease exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable out-of-pocket costs and expenses of Tenant and Landlord which are reasonably incurred by Landlord or Tenant in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased PremisesPremises (except payments on any Loan, except third party management fees, replacement reserves for Landlord's general overheadthe Equipment and Improvements, real estate commissions, costs related to the sale of the Leased Premises to any Person unless the sale is to Tenant or its designee and costs related to obtaining and closing any Loan or any other loan unless such costs are part of Tenant Closing Costs, any other Cost of Landlord unrelated to the Leased Premises and Impositions (which are governed by Paragraph 9 hereof)), (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that excluding litigation by Tenant against Landlord in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that which Tenant is not the prevailing party in and excluding litigation or any proceeding concerning any Loan or any other loan secured by the Leased Premises unless such litigationlitigation or proceeding arises out of any action or non-action by Tenant under this Lease, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this LeaseLease if Landlord is the prevailing party, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease (I) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure if Tenant fails to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent paymentsperform its obligations under this Lease, and (KJ) any other items specifically required to be paid by Tenant under this Lease; (ii) payments to be made to or on behalf of any Indemnitee pursuant to Paragraph 15 hereof; (iii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Datepaid, an amount (the "Late Charge") equal to five three percent (53%) of the amount of such unpaid installment or portion thereof thereof, provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five seven (57) days' days following the due date thereof; (iiiiv) a sum equal to any late charge or default penalties in excess of the amount of Late Charge and Default Rate paid by Tenant on that portion of the Basic Rent equal to payments of principal and interest payable by Landlord on the Note then in effect and legal fees and expenses of Lender, which are payable by Landlord to any Lender under any Note by reason of Tenant's late payment or non-payment of Basic Rent or by reason of an Event of Default; and (v) interest at the rate (the "Default Rate") of four three percent (43%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day period, dates thereof and (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten seven (107) Business Days days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten seven (107) Business Days days after Landlord's demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii7(a)(iii), (iv) and (iiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant and all reasonable costs and expenses of, Landlord and any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by 20 Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's and Lender's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or Costs of Landlord's and Lender's counsel incurred in connection with the review and/or negotiation of documents requested by Tenant and Costs of third party consultants retained by Landlord in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant that Landlord has the right to perform under the extent authorized by terms of this Lease Lease, (IJ) the reasonable cost of a consultant retained by Lender to review plans, specifications, and contracts in connection with any Alteration for which the approval of Lender is required or permitted under the terms of the Mortgage and the reasonable costs of Lender in connection with any inspection of the Leased Premises, (K) out-of-pocket Costs of Landlord costs incurred by Lender in connection with any act undertaken by Landlord at the request an Event of Tenant or Tenant's failure to act promptly in an emergency situationDefault, (JL) all costs and fees associated with the wire transfers expenses of Rent payments, any trustee under any Mortgage and (KM) any other items specifically required to be paid by Tenant under this Lease, which costs and expenses shall include, without limitation, all Costs, judgments, settlement amounts, Impositions, insurance premiums, appraisal fees, the cost of performing and reporting any Site Assessment if an Environmental Violation is found, the cost of monitoring compliance with the provisions of Paragraph 10(f) hereof, including the reasonable cost of consultants retained by Landlord and Lender, the cost of curing any Environmental Violation, and the cost of complying with all Legal Requirements, fines, penalties and interest; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Datepaid, an amount (the "Late Charge") equal to five three percent (53%) of the amount of such unpaid installment or portion thereof thereof; provided, however, that with respect to the first two late payment payments of all or any portion of any installment of Basic Rent in any Lease Year, consecutive twelve (12) month period the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five three (53) days' business days following the due date thereofreceipt by Tenant of written notice that such installment has not been received; (iii) a sum equal to any additional sums (including any late charge, default penalties, interest and fees of Lender's counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant's late payment or non-payment of Basic Rent or by reason of an Event of Default; and 21 (iv) interest at the rate per annum (the "Default Rate") of four percent (4%) over equal to the Prime Rate default interest rate per annum in the Note on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date Tenant receives notice of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when that Tenant receives notice any such amount becomes has become overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten five (105) Business Days days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days after immediately upon Landlord's demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "“Additional Rent"”): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant and Landlord specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's ’s obligations under this Lease, (CB) any Condemnation proceedings, (D) the adjustment, settlement sale or compromise of any insurance claims involving or arising from any other transfer of the Leased PremisesPremises or any Related Premises to Tenant under this Lease, (EC) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in (unless there is a judgment arising from a third-party claim based solely on the event gross negligence or willful misconduct of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord), (FD) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GE) any amendment to or modification or termination of this Lease made at the request of Tenant, (HF) Costs of Landlord's ’s counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease (I) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, and (KG) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Datepaid, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof thereof, provided, however, that with respect to the first two late payment payments of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' ’ following the due date thereof; (iii) a sum equal to any additional sums (including any late charge, default penalties, interest and reasonable fees of Lender’s counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant’s late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest at the rate (the "“Default Rate"”) of four three percent (43%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five not paid within ten (510) days' following its days after the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, and (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from Tenant not paid within fifteen (15) days of the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;respective due dates. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten fifteen (1015) Business Days days after Landlord's ’s written demand for payment thereof, and (ii) any other Additional Rent, within ten fifteen (1015) Business Days days after Landlord's ’s written demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) If the Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant and Landlord which are incurred make default in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any covenant herein contained, the Landlord may immediately, or at any time thereafter, without notice, perform the same for the account of the Tenant. If a notice of mechanic's obligations under this Leaselien be filed against the demised premises or against premises of which the demised premises are part, (C) any Condemnation for, or purporting to be for, labor or material alleged to have been furnished, or to be furnished to or for the Tenant at the demised premises, and if the Tenant shall fail to take such action as shall cause such lien to be discharged within fifteen days after the filing of such notice, the Landlord may pay the amount of such lien or discharge the same by deposit or by bonding proceedings, (D) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (E) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents), this Lease, or the sale of the Leased Premises to Landlord provided, however, that and in the event of such deposit or bonding proceedings, the Landlord may require the lienor's to prosecute an appropriate action to enforce the lienor's claim. In such case, the Landlord may pay any litigation involving only judgment recovered on such claim. Any amount paid or expense incurred by the Landlord as in this subdivision of this lease provided, and Tenant, any amount as to which the Tenant shall at any time be responsible in default for such costs and expenses only if and or in respect to the extent that use of water, electric current or sprinkler supervisory service, and any expense incurred or sum of money paid by the Landlord by reason of the failure of the Tenant is not the prevailing party in such litigation, (F) the exercise or successful enforcement by Landlord, its successors and assigns, of to comply with any of its rights under this Lease, (G) any amendment to or modification or termination of this Lease made at the request of Tenant, (H) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Leaseprovision hereof, or incurred in connection with defending any act undertaken such action, shall be deemed to be "additional rent" for the demised premises, and shall be due and payable by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease (I) Landlord on the reasonable out-of-pocket Costs first day of Landlord incurred in connection with any act undertaken by Landlord the next following month, or, at the request option of Tenant or Tenant's failure to act promptly in an emergency situationthe Landlord, (J) all costs and fees associated with on the wire transfers first day of Rent payments, and (K) any other items specifically required to be paid succeeding month. The receipt by Tenant under this Lease; (ii) after the date all or any portion Landlord of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof provided, however, that with respect to the first late payment of all regular stipulated rent hereunder or any portion of any installment of Basic Rent in any Lease Year, the Late Charge said "additional rent" shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereof; (iii) interest at the rate (the "Default Rate") a waiver of four percent (4%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its due date unless such overdue installments are paid in full within such five (5) day period, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue; (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days after Landlord's demand for payment thereof"additional rent" then due. (d) In no event shall amounts payable under Paragraph 7(a)(ii) and (iii) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant and Landlord specifically referenced herein which are incurred in connection or associated with (A) charges from third parties that Tenant is obligated to pay hereunder in connection with the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any Condemnation proceedings, (D) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (E) the prosecution, defense or settlement of any litigation involving or arising from Tenant's use, operation, maintenance and repair of any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents), Tenant's obligations under this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigation, (F) the proper exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (G) any amendment to or modification or termination of this Lease made at the request of Tenant, (H) Costs reasonable fees and expenses of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant pursuant to the extent authorized by its rights under this Lease Lease, (I) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, Ground Lease and (J) all costs and fees associated with the wire transfers of Rent payments, and (K) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Datepaid, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof thereof, provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Yearconsecutive twelve (12) month period, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five ten (510) days' following the due date thereofnotice from Landlord that such installment is overdue; (iii) interest at the rate (the "Default Rate") of four three percent (43%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its after the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by LandlordLandlord so long as Landlord shall have notified Tenant of any such sums at least ten (10) days prior to payment and Tenant shall not have paid the same prior to expiration of such period, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days after Landlord's demand for payment thereofto Landlord or any such third party, and (ii) any other Additional Rentas Tenant may elect, within ten (10) Business Days after Landlord's demand for payment thereof.within (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) It is the intention of the parties hereto that, during the Term, this Lease shall be a “triple net bondable” lease and it is agreed and intended that Minimum Annual Rent and Additional Rent shall be paid, except to the extent otherwise expressly specified in this Lease, without notice, demand, counterclaim, setoff, deduction or defense and without abatement, suspension, deferment, diminution or reduction and that Tenant’s obligation to pay all such amounts, throughout the Term is absolute and unconditional in all respects, except to the extent otherwise expressly specified in this Lease, the obligations and liabilities of Tenant to pay Minimum Annual Rent and Additional Rent hereunder arising during or otherwise relating to the Term shall pay and dischargein no way be released, as additional rent (collectivelydischarged or otherwise affected for any reason, "Additional Rent"): including, without limitation, the following: (i) except as otherwise specifically provided hereinany defect in the condition, all reasonable costs and expenses of Tenant and Landlord which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, conditionmerchantability, design, constructionquality, maintenanceconstruction or fitness for use of the Leased Premises or any part thereof; (ii) any damage to, alterationremoval, repair abandonment, salvage, loss, condemnation, theft, scrapping or restoration destruction of or any requisition or taking of the Leased Premises or any part thereof, or any environmental conditions on the Leased Premises or any property in the vicinity of the Leased Premises, except for Landlord's general overhead, ; (B) the performance of any of Tenant's obligations under this Lease, (Ciii) any Condemnation proceedingsrestriction, (D) the adjustmentprevention, settlement or compromise curtailment of or interference with any insurance claims involving or arising from any of the Leased Premises, (E) the prosecution, defense or settlement of any litigation involving or arising from any use of the Leased Premises or any part thereof including eviction; (unless caused by the gross negligence iv) any defect in title to or willful misconduct of Landlord or its agents), this Lease, or the sale of rights to the Leased Premises to Landlord provided, however, that in the event of or any litigation involving only Landlord and Tenant, Tenant shall be responsible for lien on such costs and expenses only if and title or rights to the extent that Leased Premises; (v) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation or other like proceedings relating to Tenant is not or any other Person, or any action taken with respect to this Lease by any trustee or receiver of Tenant or any other Person, or by any court, in any such proceeding; (vi) any failure on the prevailing party in such litigation, (F) the exercise or successful enforcement by part of Landlord, its successors and assigns, of or any other Person to perform or comply with any of its rights under this Lease, (G) any amendment to or modification or termination of this Lease made at the request of Tenant, (H) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution terms of this Lease, or incurred in connection with of any act undertaken other agreement: (vii) any invalidly, unenforceability, rejection or disaffirmance of this Lease by operation of law or otherwise against or by Tenant or Landlord or any provision hereof; (viii) the impossibility of performance by Tenant or its counsel) at the request of TenantLandlord, or incurred both; (ix) any action by any court, administrative agency or other Governmental Authority; (x) any interference, interruption or cessation in connection with the use, possession or quiet enjoyment of the Leased Premises; (xi) any act of Landlord performed on behalf failure of Tenant to have the extent authorized by right of possession or actual possession of the Premises; or (xii) any other occurrence whatsoever, whether similar or dissimilar to the foregoing, whether foreseeable or unforeseeable, and whether or not Tenant shall have notice or knowledge of any of the foregoing. Except as otherwise specifically set forth in this Lease (I) during the reasonable out-of-pocket Costs Term, this Lease shall not be terminable by Tenant for any reason whatsoever and, except as otherwise expressly provided in this Lease, Tenant waives all rights now or hereafter conferred by statute or otherwise to quit, terminate or surrender this Lease or to any diminution, abatement or reduction of Landlord incurred Rent payable hereunder in connection with any act undertaken each case to the fullest extent now or hereafter permitted by Landlord at Legal Requirements. In addition to the request of Minimum Annual Rent Tenant shall pay, either directly or Tenant's failure by reimbursement to act promptly in an emergency situationLandlord, (J) as “Additional Rent,” all costs and fees associated with expenses during the wire transfers of Rent payments, Lease Term for Real Estate Taxes and Operating Expenses for the Project (K) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereof; (iii) interest at the rate (the "Default Rate") of four percent (4%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its due date unless such overdue installments are paid in full within such five (5) day period, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue; (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amountscollectively “Building Expenses”). (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days after Landlord's demand for payment thereof. (d) In no event shall amounts payable under Paragraph 7(a)(ii) and (iii) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant Tenant, Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's Landlord and its counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken or performed by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease (I) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or as a result of Tenant's failure to act promptly in an emergency situation, and (J) all costs and fees associated with the wire transfers of Rent payments, and (K) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Datepaid, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof thereof, provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Yearconsecutive twelve (12) month period, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereof; (iii) a sum equal to any additional sums (including any late charge, default penalties, interest and fees of Lender's counsel) which are payable by Landlord to any Lender under any Note (but not to exceed the amounts that would have been payable under the Initial Loan) by reason of Tenant's late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest, at the rate (the "Default Rate") of four the lesser of (x) five percent (45%) over the Prime Rate per annum or (y) such other rate as may be required by Lender for late payments due under the terms of the Loan on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days business days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days business days after Landlord's demand for payment thereof. (dc) Landlord and Tenant acknowledge and agree that the amounts set forth as additional rent in subparagraphs 7(a)(ii), (iii) and (iv) above have been specifically negotiated by Landlord and Tenant and represent the parties best estimate of actual losses to be suffered by Landlord under the applicable circumstances, and are not intended or to be construed as a penalty. In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "“Additional Rent"):”) the following amounts: (i) all Impositions and, except as otherwise specifically provided hereinin this Lease, all reasonable costs Costs of Tenant, Landlord and expenses of Tenant and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with with: (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, ; (B) the performance of any all of Tenant's ’s obligations under this Lease, ; (C) any Condemnation proceedings, ; (D) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, ; (E) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents), this Lease, or the sale of the Leased Premises to Landlord provided, however, that except as set forth in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigation, Section 46; (F) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights or remedies under this Lease, ; (G) any amendment to or modification or termination of this Lease made at the request of Tenant, ; or (H) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant. Notwithstanding the foregoing, Tenant is not responsible for the following Costs by virtue of this Section 6(a)(i) (but without prejudice to the extent authorized by any other terms of this Lease that may provide otherwise): (I1) costs of formation and operation of the reasonable out-of-pocket Costs business of the entity that constitutes Landlord incurred in connection with any act undertaken (as distinguished from the costs of operation of the Leased Premises) including, but not limited to, Landlord’s general corporate overhead and general administrative expenses; (2) payments of principal and interest, origination fees and other scheduled payments payable by Landlord at the request of Tenant or Tenant's failure with respect to act promptly in an emergency situationany Mortgage, (J) all as well as costs and fees associated with the wire transfers initial closing or amendment of Rent paymentsany Mortgages, including any title insurance premiums, Lender due diligence, commitment fees, good faith deposits, attorney’s fees, appraisals, recording fees and taxes; (3) Tax Exclusions; and (K4) any other items specifically required cost or expense that is expressly stated in this Lease to be paid by Tenant under this Lease;the responsibility of Landlord. (ii) after the date all or any portion of any installment of Basic Base Rent is due and not paid by the applicable Basic Rent Payment Datepaid, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof thereof, provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Base Rent in any Lease Yearconsecutive twelve (12) month period, the Late Charge shall late charge will not be due and payable unless the Basic Base Rent has not been paid within five (5) days' business days following delivery of notice from Landlord to Tenant that such Base Rent is past due. Tenant agrees that the due date thereofforegoing late fees are not a penalty, but represents a fair and reasonable estimate of certain costs which Landlord will incur by reason of a late payment by Tenant, and Tenant’s obligation to pay Landlord late fees as set forth above will be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner; (iii) interest at the rate (the "Default Rate") of four percent (4%) over the Prime Rate per annum on the following sums until from the date when any such amount becomes overdue to the date such amount is paid in full: (A) all overdue installments of Basic Base Rent from not paid within ten (10) business days following the date when any such installment becomes overdue (provided, however, that with respect to the first late payment of all or any portion of any installment of Base Rent in any consecutive twelve (12) month period, such interest will not be due and payable unless the Base Rent has not been paid within five (5) days' business days following its delivery of notice from Landlord to Tenant that such Base Rent is past due date unless such overdue installments are paid in full within such five (5) day period, ; (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have has paid on behalf of Tenant, from the date of payment thereof Tenant that are not paid by Tenant within ten (10) business days after Landlord, ’s demand for such payment; and (C) all other overdue amounts of Additional Rent, from Rent that are payable to Landlord and are not paid within ten (10) business days following the date when any such amount installment becomes overdue; (biv) If concurrently with each payment of Base Rent, any rent tax, sales tax or excise tax payable with respect to real property rents (provided that Landlord does not provide written notice may require Tenant to pay any such rent tax, sales tax or excise tax directly to the appropriate taxing authorities, with evidence of such payment being forwarded to Landlord on a monthly basis); provided, however, that in no event shall Tenant be obligated to pay for the Tax Exclusions; and (v) any other items specifically required to be paid by Tenant under this Lease, including without limitation, utility service charges, insurance premiums, costs and deductibles, common area and maintenance charges, indemnities, and costs of maintaining, repairing and restoring the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amountsLeased Premises. (cb) Tenant shall pay and discharge discharge: (i) any Impositions prior to delinquency, (ii) any other item of Additional Rent referred to in Paragraph 7(a)(iSection 6(a)(i) as and when the same shall become becomes due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days business days after Landlord's ’s written demand for payment thereof, ; and (ii) any other Additional Rent, within ten (10) Business Days business days after Landlord's ’s written demand for payment thereof. (dc) Tenant acknowledges and agrees that late payment of Base Rent or Additional Rent by Tenant will cause Landlord to incur increased costs not contemplated by this Lease. The exact amount of such costs is extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges. The assessment of a late charge and/or interest at the Default Rate represents a fair and reasonable estimate of certain costs which Landlord will incur by reason of a late payment by Tenant. In no event shall amounts payable under Paragraph 7(a)(iiSection 6(a)(ii) and (iii) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional RentADDITIONAL RENT"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant and Landlord which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease Tenant, (IJ) the reasonable out-of-pocket internal Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, and (K) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Datepaid, an amount (the "Late Charge") equal to five four percent (54%) of the amount of such unpaid installment or portion thereof thereof, provided, however, that with respect to the first two late payment payments of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereof; (iii) a sum equal to any additional sums (including any late charge, default penalties, interest and fees of Lender's counsel) which are payable by Landlord to any Lender under any Note by reason of an Event of Default and which are in excess of the late charge and interest at the Default Rate that is payable by Tenant to Landlord under Paragraphs 7(a)(ii) and 7(a)(iv) by reason of such late payment or non-payment or an Event of Default; and (iv) interest at the rate (the "Default RateDEFAULT RATE") of four five percent (45%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its due date unless such overdue installments are paid in full within such five (5) day the expiration of any applicable notice and cure period, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from five (5) days after the date on which Tenant receives notice of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten five (105) Business Days days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten five (105) Business Days days after Landlord's demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all costs and expenses of Tenant, and all reasonable costs and expenses of Tenant Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving (including any contest or arising from prosecution in connection therewith) under insurance covering any of the Leased Premises, (EF) the prosecution, prosecution or defense or settlement of any litigation involving or arising from any of related to the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord and arising from an act or omission of Tenant provided, however, that in the event of any litigation involving only legal action between Landlord and Tenant where Tenant is the prevailing party, Landlord shall pay Tenant, Tenant shall be responsible for such 's reasonable costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationattorneys' fees, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's counsel and reasonable out-of-pocket internal Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the written request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant if Tenant is obligated to the extent authorized by take such action under this Lease (I) and has refused to do so within the period required herein or if no such period is specified, within a reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situationtime following notice from Landlord, (J) all the commitment for and the financing of the Initial Loan pursuant to the Initial Loan Commitment, including commitment fees, net interest cost to Landlord from July 1, 1996 to the closing of the Initial Loan (if the Initial Loan does not close on or before July 1, 1996), a "funding failure" fee equal to $62,540 if the Initial Loan fails to close, title premiums, inspection costs, and mortgage and recording taxes and costs (provided, however, that Tenant shall not be obligated to pay any such costs and fees associated with expenses which result from the wire transfers failure of Rent paymentsthe Initial Loan to close by July 1, 1996, or the failure of the Initial Loan to close at all, if Tenant has performed its obligations under Article VI of the Construction Agency Agreement, and Tenant and Guarantor are otherwise prepared to satisfy the conditions of the Initial Loan Application that pertain to them, and the Initial Loan Application has not been terminated by reason of any act by or circumstance relating to Tenant or Guarantor), and (K) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Datepaid, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof thereof, provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year, Year the Late Charge shall not be due and payable unless the Basic Rent two (2) days have elapsed elapsed following telephonic notice followed by facsimile notice that such payment has not been paid within five (5) days' following the due date thereofreceived; (iii) a sum equal to any additional sums (including any late charge, default penalties, interest and fees of Lender's counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant's late payment or nonpayment of Basic Rent or by reason of an Event of Default; and (iv) interest at the rate (the "Default Rate") of four three percent (43%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when Tenant has received notice that any such amount becomes has become overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten thirty (1030) Business Days days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten thirty (1030) Business Days days after Landlord's demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant Tenant, Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's counsel and reasonable out-of-pocket internal Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease Tenant, (IJ) the reasonable out-of-pocket internal Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, and (K) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Datepaid, an amount (the "Late Charge") equal to five two percent (52%) of the amount of such unpaid installment or portion thereof ("Late Charge"), provided, however, that with respect to the first two late payment payments of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and consecutive (iii) a sum equal to any additional sums that are payable unless the by Landlord to a Lender under a Note by reason of Tenant's late payment or non-payment of Basic Rent has not been paid within five or by reason of an Event of Default (5including any late charge, default penalties, interest and fees of Lender's counsel), (A) days' following which are payable under the due date thereofdocuments evidencing and securing the Initial Loan and (B) which are payable under the documents evidencing and securing any subsequent Loan (after payment in full of the Initial Loan), to the extent typically charged by a lender; (iiiiv) interest at the rate (the "Default Rate") of four two percent (42%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional RentRent that are payable to Landlord, from the date when any such amount becomes overdue; (bv) If Landlord does not provide written notice typical and customary charges of a lender in the administration and servicing of a Loan and oversight of Lender's collateral (e.g., escrow costs, property inspections, lockbox fees, trustee fees, tax service costs, fees and expenses related to Tenant the resale of the sums owing pursuant Initial Loan by Initial Lender, appraisal costs); and (vi) costs required to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after maintain an independent director for the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amountsmanaging member of Landlord. (cb) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten thirty (1030) Business Days days after Landlord's demand for payment thereofthereof or, if later, when the same are due, and (ii) any other Additional Rent, within ten thirty (1030) Business Days days after Landlord's demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law. Further, in no event shall Tenant be required to pay to Landlord any item of Additional Rent that Tenant is obligated to pay to any third party pursuant to any provision of this Lease. (d) Tenant shall have no obligation to pay for costs arising as a result of Landlord's actions or decisions as long as such actions or decisions do not arise as a result of Tenant's failure to perform its obligations under this Lease (e.g., defeasance or assumption charges or costs in connection with loan modifications requested by Landlord), costs associated with Landlord's required reporting to Lender (e.g., financial statements), costs of refinancing any Loan (e.g., commitment fees, loan fees, due diligence and transaction costs) or costs arising as a consequence of a dispute between Landlord and Lender or a default by Landlord under any Loan not, in either event, caused by a corresponding default by Tenant under this Lease.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant and all reasonable costs and expenses of, Landlord and any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or Costs of Landlord's counsel incurred in connection with the review and/or negotiation of documents requested by Tenant and Costs of third party consultants retained by Landlord in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant that Landlord has the right to perform under the extent authorized by terms of this Lease Lease, (IJ) the reasonable out-of-pocket Costs cost of Landlord incurred a consultant retained by Lender to review plans, specifications, and contracts in connection with any act undertaken by Landlord at Alteration for which the request approval of Tenant Leader is required or Tenant's failure to act promptly permitted under the terms of the Mortgage and the reasonable costs of Lender in an emergency situation, (J) all costs and fees associated connection with any inspection of the wire transfers of Rent paymentsLeased Premises, and (K) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date , which costs and expenses shall include, without limitation, all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment DateCosts, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof providedjudgments, howeversettlement amounts, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease YearImpositions, insurance premiums, appraisal fees, the Late Charge shall not be due cost of performing and payable unless reporting any Site Assessment if an Environmental Violation is found, the Basic Rent has not been paid within five (5cost of monitoring compliance with the provisions of Paragraph 10(j) days' following hereof, including the due date thereof; (iii) interest at reasonable cost of consultants retained by Landlord and Lender, the rate (the "Default Rate") cost of four percent (4%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its due date unless such overdue installments are paid in full within such five (5) day period, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlordcuring any Environmental Violation, and (C) the cost of complying with all other overdue amounts of Additional RentLegal Requirements, from the date when any such amount becomes overduefines, penalties and interest; (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days after Landlord's demand for payment thereof. (d) In no event shall amounts payable under Paragraph 7(a)(ii) and (iii) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) ): --------------- except as otherwise specifically provided hereinherein (including, without limitation, Paragraphs 20 and 31), all reasonable costs and expenses of Tenant Tenant, Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, including costs and expenses incurred in connection with the payment of a Prepayment Premium, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's counsel and reasonable out-of-pocket internal Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease Tenant, and (IJ) the reasonable out-of-pocket internal Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, situation and (K) any other items specifically required to be paid by Tenant under this Lease; (ii) ; after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof thereof; provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereof; ; a sum equal to any additional sums (iiiincluding any late charge, default penalties, interest and fees of Lender's counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant's late payment or non-payment of Basic Rent or by reason of an Event of Default; and interest at the rate (the "Default Rate") of four five percent (45%) over the ------------ Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5and after the expiration of any applicable notice and cure period under Paragraph 22(b) days' following its due date unless such overdue installments are paid in full within such five (5) day periodof this Lease, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue; (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the expiration of any applicable Late Charge or default interest becomes due notice and owing, Tenant shall not be liable for such amounts. (ccure period under Paragraph 22(b) of this Lease. Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days days after Landlord's demand for payment thereof. (d) . In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law. In addition, Tenant and Landlord acknowledge and agree that the amounts due or to become due under Paragraph 7 (a) (ii), (iii) and (iv) have been specifically negotiated by the parties hereto and represent that such amounts represent the parties' best estimate of actual losses, costs and expenses to be suffered by Landlord under the circumstances meriting the application of such provisions and do not constitute a penalty.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"):“Additional (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant and Landlord (and any Indemnitee) which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease subject to the terms of ▇▇▇▇▇▇▇▇▇ ▇▇, (▇) any Condemnation proceedings, (Dsubject to provisions of 17,(E) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises or this Lease (unless caused by the gross negligence or willful misconduct of Landlord or its agents), this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only other than between Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to or based solely on the extent that Tenant is not the prevailing party in such litigationacts or omissions of Landlord), (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this LeaseLease in the case of Tenant’s default, (GH) any amendment to or modification or termination of this Lease made at the written request of Tenant, (HI) Costs of Landlord's Landlord and its counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the written request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease (I) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or following Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated or in connection with the wire transfers review and monitoring of Rent paymentscompliance by Tenant with applicable Law in the Event of Default with respect thereto, and (KJ) any other items specifically required to be paid by Tenant under this Lease (provided that the foregoing is not intended to permit Landlord to incur any cost or expenses without first giving Tenant the opportunity, including any applicable notice and cure period, to pay or incur such expenses or perform any Tenant obligation under this Lease in accordance with its terms). With respect to any costs incurred under this Paragraph 7(a)(i), the same shall be paid upon written demand therefor by Landlord subject to the terms of Paragraph 22(a)(i)(C) hereof; however, with regard to items (H) or (I) of this subParagraph 7(a)(i), in the event Tenant makes any request upon Landlord requiring Landlord or Landlord’s counsel to review and/or prepare (or cause to be reviewed and/or prepared) any documents, plans, specifications, or other submissions in connection with or arising out of this Lease, then Tenant shall reimburse Landlord within of demand therefor for all actual third-party costs and expenses incurred by Landlord in connection with such review and/or preparation, including reasonable attorneys’ fees (except in connection with a request made under Paragraph 25 hereof); (ii) after the date if all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "“Late Charge"”) equal to five percent (5%) of the amount of such unpaid installment or portion thereof to reimburse Landlord for its cost and inconvenience incurred as a result of Tenant's delinquency, provided, however, that with respect to the first late payment payments of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereof. Tenant acknowledges that the damages to and costs incurred by Landlord resulting from ▇▇▇▇▇▇’s late payment of Basic Rent would be difficult, if not impossible, to ascertain with any accuracy, and that the charge represents Landlord and ▇▇▇▇▇▇'s efforts to approximate such potential damages and costs; (iii) Intentionally omitted; (iv) interest at the rate (the "“Default Rate"”) of four percent (4%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent provided, however, that with respect to the relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue; (b) If Landlord does not provide written notice ; provided, however, that with respect to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days after Landlord's demand for payment thereof. (d) In no event shall amounts payable under Paragraph 7(a)(ii) and (iii) exceed the maximum amount permitted by applicable Law.first three

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant Tenant, Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any Condemnation proceedingssale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) any Condemnation proceedings (to the extent such Costs have not been paid to Landlord from the proceeds of the Condemnation award), (E) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease (subject to the provisions of Paragraph 39(l) of this Lease), (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's counsel and reasonable out-of-pocket Costs costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant or Costs incurred in connection with the prepayment of a Loan for which Tenant is responsible to pay the extent authorized by this Lease Prepayment Premium, and (IJ) the reasonable out-of-pocket Costs costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, and (K) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of if any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "Late Charge") equal to five two percent (52%) of the amount of such unpaid installment or portion thereof thereof, provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereof; (iii) a sum equal to any additional sums (including any late charge, default penalties, interest and fees of Lender's counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant's late payment or non-payment of Basic Rent or by reason of an Event of Default to the extent such additional sums exceed the Late Charge and Default Rate interest payable on the portion of the installments of Basic Rent that is equal to the debt service payments on the Loan; and (iv) interest at the rate (the "Default Rate") of four five percent (45%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, and (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten twenty (1020) Business Days days after Landlord's demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) If the Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant and Landlord which are incurred make default in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any covenant herein contained, the Landlord may immediately, or at any time thereafter, without notice, perform the same for the account of the Tenant. If a notice of mechanic's obligations under this Leaselien be filed against the demised premises or against premises of which the demised premises, (C) any Condemnation are part, for, or purporting to be for, labor or material alleged to have been furnished, or to be furnished to or for the Tenant at the demised premises, and if the Tenant shall fail to take such action as shall cause such lien to be discharged wiLhin fifteen days after the filing of such notice, the Landlord may pay the amount of such lien or discharge the same by deposit or by bonding proceedings, (D) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (E) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents), this Lease, or the sale of the Leased Premises to Landlord provided, however, that and in the event of such deposit or bonding proceedings, the Landlord may require the lienor to prosecute an appropriate action to enforce the lienor's claim. In such case, the Landlord may pay any litigation involving only judgment recovered on such claim. Any amount paid or expense incurred by the Landlord as in this subdivision of this lease provided, and Tenant, any amount as to which the Tenant shall at any time be responsible in default for such costs and expenses only if and or in respect to the extent that Tenant is not the prevailing party in such litigationuse of water, (F) the exercise electric current or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (G) any amendment to or modification or termination of this Lease made at the request of Tenant, (H) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease (I) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent paymentssprinkler supervisory service, and (K) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all expense incurred or any portion of any installment of Basic Rent is due and not sum or money paid by the applicable Basic Rent Payment Date, an amount (the "Late Charge") equal to five percent (5%) Landlord by reason of the amount failure of the Tenant to comply with any provision hereof, or in defending any such unpaid installment or portion thereof providedaction, howevershall be deemed to be "additional rent" for the demised premises, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge and shall not be due and payable unless by the Basic Rent has not been paid within five (5) days' Tenant to the Landlord on the first day of the next following the due date thereof; (iii) interest month, or, at the rate (option of the "Default Rate") of four percent (4%) over the Prime Rate per annum Landlord, on the following sums until paid in full: (A) all overdue installments first day of Basic Rent from five (5) days' following its due date unless such overdue installments are paid in full within such five (5) day period, (B) all overdue amounts any succeeding month. The receipt by the Landlord of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue; (b) If Landlord does not provide written notice to Tenant instalment of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge regular stipulated rent hereunder or default interest becomes due and owing, Tenant any of said "additional rent" shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days after Landlord's demand for payment thereof, and (ii) a waiver of any other Additional Rent, within ten (10) Business Days after Landlord's demand for payment thereof"additional rent" then due. (d) In no event shall amounts payable under Paragraph 7(a)(ii) and (iii) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "“Additional Rent"”): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant and Landlord (and any Indemnitee) which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's ’s obligations under this Lease, Lease and (C) any Condemnation proceedings, (D) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (E) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents), this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigation, (F) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (G) any amendment to or modification or termination of this Lease made at the request of Tenant, (H) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease (I) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, and (K) any other items specifically required to be paid by Tenant under this Lease;Lease (provided that the foregoing is not intended to permit Landlord to incur any cost or expenses without first giving Tenant the opportunity, including any applicable notice and cure period, to pay or incur such expenses or perform any Tenant obligation under this Lease in accordance with its terms). (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Datepaid, an amount (the "“Late Charge"”) equal to five percent (5%) of the amount of such unpaid installment or portion thereof to reimburse Landlord for its cost and inconvenience incurred as a result of Tenant’s delinquency; provided, however, that with respect to the first two (2) late payment payments of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' business days following the due date thereof. Tenant acknowledges that the damages to and costs incurred by Landlord resulting from Tenant’s late payment of Basic Rent would be difficult, if not impossible, to ascertain with any accuracy, and that the five percent (5%) charge represents Landlord and ▇▇▇▇▇▇’s efforts to approximate such potential damages and costs and is not a penalty; (iii) interest at the rate (the "“Default Rate"”) of four two percent (42%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from the respective due dates thereof, provided, however, that with respect to the first two (2) late payments of all or any portion of any installment of Basic Rent in any Lease Year, the interest charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' business days following its the due date unless such overdue installments are paid in full within such five (5) day period, thereof; (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, ; and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;; provided, however, that with respect to the first two (2) late payments of all or any portion of any installment of Additional Rent in any Lease Year, the interest charge shall not be due and payable unless the Additional Rent has not been paid within five (5) business days following the due date thereof; and (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(iSection 6(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten five (105) Business Days days after Landlord's ▇▇▇▇▇▇▇▇’s written demand for payment thereof, and (ii) any other Additional Rent, within ten five (105) Business Days days after Landlord's ’s demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(iiSections 6(a)(ii) and (iii) exceed the maximum amount permitted by applicable Law. (d) Landlord and Tenant hereby agree that the costs and expenses described in Exhibit “C” attached hereto shall not constitute, and shall be excluded from, Additional Rent.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant Tenant, Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) to the extent not deducted in calculating the Net Award, any Condemnation proceedings, (DE) to the extent not deducted in calculating the Net Award, the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease (I) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs of appraisals, audits and fees associated with inspections of the wire transfers Leased Premises required by the terms of Rent paymentsany Mortgage, and (K) any other items specifically required to be paid by Tenant under this Lease;, which costs and expenses shall include, without limitation, all Costs, judgments, settlement amounts, Impositions (other than Landlord's net income tax or franchise tax or any similar tax, however characterized, unless payable in lieu of or substitution for any Impositions), (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Datepaid, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereof; (iii) a sum equal to any additional sums (including any late charge, default penalties, interest and fees of Lender's counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant's late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest at the rate (the "Default Rate") of four five percent (45%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i7(a) (i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten five (105) Business Days days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days after immediately upon Landlord's demand for payment thereofthereof (which shall include a written invoice or other appropriate written description of the source, amount and nature of the item for which payment is sought). (dc) In no event shall amounts payable under Paragraph 7(a)(ii7(a) (ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "“Additional Rent"”): (i) except as otherwise specifically provided hereinherein (including the proviso in Paragraph 9(a)), all reasonable costs and expenses of Tenant Tenant, Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's ’s obligations under this Lease, (C) any Condemnation proceedings, (D) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (E) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (F) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (G) any amendment to or modification or termination of this Lease made at the request of Tenant, (H) Costs of Landlord's ’s counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease (I) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (JI) all costs and fees associated with the wire transfers of Rent payments, payments and (KJ) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "“Late Charge"”) equal to five two percent (52%) of the amount of such unpaid installment or portion thereof to reimburse Landlord for its cost and inconvenience incurred as a result of Tenant’s delinquency, provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' ’ following the due date thereof; (iii) a sum equal to any additional sums (including any late charge in excess of the amount payable under clause (ii) above for that portion of the Basic Rent paid to the Lender as scheduled installments of principal and interest, default penalties, interest in excess of amounts payable under clause (iv) below for that portion of the Basic Rent paid to the Lender as scheduled installments of principal and interest, and fees of Lender’s counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant’s late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest at the a rate (the "“Default Rate"”) of four equal to the default interest rate per annum on the Loan or, if there is no Loan in effect, three percent (43%) over the Prime Rate per annum annum, payable on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten five (105) Business Days days after Landlord's ’s demand for payment thereof, and (ii) any other Additional Rent, within ten five (105) Business Days days after Landlord's ’s demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) or elsewhere in this Lease exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all costs and expenses of Tenant, and all reasonable costs and expenses of Tenant Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving (including any contest or arising from prosecution in connection therewith) under insurance covering any of the Leased Premises, (EF) the prosecution, prosecution or defense or settlement of any litigation involving or arising from any of related to the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord and arising from an act or omission of Tenant provided, however, that in the event of any litigation involving only legal action between Landlord and Tenant where Tenant is the prevailing party, Landlord shall pay Tenant, Tenant shall be responsible for such 's reasonable costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationattorneys' fees, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's counsel and reasonable out-of-pocket internal Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the written request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant if Tenant is obligated to the extent authorized by take such action under this Lease (I) and has refused to do so within the period required herein or if no such period is specified, within a reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent paymentstime following notice from Landlord, and (KJ) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Datepaid, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof thereof, provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year, Year the Late Charge shall not be due and payable unless the Basic Rent two (2) days have elapsed following telephonic notice followed by facsimile notice that such payment has not been paid within five (5) days' following the due date thereofreceived; (iii) a sum equal to any additional sums (including any late charge, default penalties, interest and fees of Lender's counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant's late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest at the rate (the "Default Rate") of four three percent (43%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when Tenant has received notice that any such amount becomes has become overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten thirty (1030) Business Days days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten thirty (1030) Business Days days after Landlord's demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) A. Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) ): ------------------ 1. except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant Tenant, Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises by Tenant to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of TenantTenant or any Complete Assignment or Partial Assignment (and Lease Bifurcation and Loan bifurcation in connection therewith), (HI) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease (I) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, and (KJ) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereof; (iii) interest at the rate (the "Default Rate") of four percent (4%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its due date unless such overdue installments are paid in full within such five (5) day period, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue; (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days after Landlord's demand for payment thereof. (d) In no event shall amounts payable under Paragraph 7(a)(ii) and (iii) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"):): ---------------- (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant Tenant, Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's counsel and reasonable out-of-pocket internal Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease Tenant, (IJ) the reasonable out-of-pocket internal Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, and (K) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Datepaid, an amount (the "Late Charge") equal to five two percent (52%) of the amount of such unpaid installment or portion thereof ("Late ---- Charge"), provided, however, that with respect to the first two late payment payments of ------ all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereof; (iii) interest at the rate (the "Default Rate") of four percent (4%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its due date unless such overdue installments are paid in full within such five (5) day period, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue; (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days after Landlord's demand for payment thereof. (d) In no event shall amounts payable under Paragraph 7(a)(ii) and (iii) exceed the maximum amount permitted by applicable Law.consecutive

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant and Landlord specifically referenced herein which are incurred in connection or associated with (A) charges from third parties that Tenant is obligated to pay hereunder in connection with the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any Condemnation proceedings, (D) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (E) the prosecution, defense or settlement of any litigation involving or arising from Tenant's use, operation, maintenance and repair of any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents), Tenant's obligations under this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigation, (F) the proper exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (G) any amendment to or modification or termination of this Lease made at the request of Tenant, (H) Costs reasonable fees and expenses of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant pursuant to the extent authorized by its rights under this Lease Lease, (I) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, Ground Lease and (J) all costs and fees associated with the wire transfers of Rent payments, and (K) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Datepaid, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof thereof, provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Yearconsecutive twelve (12) month period, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five ten (510) days' following the due date thereofnotice from Landlord that such installment is overdue; (iii) interest at the rate (the "Default Rate") of four three percent (43%) over the Prime Rate per annum on the following sums until paid in full: ; (A) all overdue installments of Basic Rent from five (5) days' following its after the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by LandlordLandlord so long as Landlord shall have notified Tenant of any such sums at least ten (10) days prior to payment and Tenant shall not have paid the same prior to expiration of such period, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days after Landlord's demand for payment thereofto Landlord or any such third party, and (ii) any other Additional Rentas Tenant may elect, within ten (10) Business Days after Landlord's demand for payment thereof.within (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional RentADDITIONAL RENT"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant and Landlord which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease Tenant, (IJ) the reasonable out-of-pocket internal Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, and (K) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Datepaid, an amount (the "Late Charge") equal to five four percent (54%) of the amount of such unpaid installment or portion thereof thereof, provided, however, that with respect to the first two late payment payments of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereof; (iii) a sum equal to any additional sums (including any late charge, default penalties, interest and fees of Lender's counsel) which are payable by Landlord to any Lender under any Note by reason of an Event of Default and which are in excess of the late charge and interest at the Default Rate that is payable by Tenant to Landlord under Paragraphs7(a)(ii) and 7(a)(iv) by reason of such late payment or non-payment or Event of Default; and (iv) interest at the rate (the "Default RateDEFAULT RATE") of four five percent (45%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its due date unless such overdue installments are paid in full within such five (5) day the expiration of any applicable notice and cure period, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from five (5) days after the date on which Tenant receives notice of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten five (105) Business Days days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten five (105) Business Days days after Landlord's demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"):): --------------- (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant Tenant, Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or or, to the extent provided in this Lease, restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) reasonable Costs of Landlord's counsel and reasonable out-of-pocket internal Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by permitted under this Lease Lease, (IJ) the reasonable out-of-pocket internal Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (JK) all costs of appraisals and fees associated inspections required by Lender in connection with an Event of Default or if required by banking regulations or Laws applicable to Lender and reasonable costs of maintaining any depository account for the wire transfers payment of Rent payments, and (KL) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Datepaid, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof thereof, provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' days following the due date thereof;. (iii) a sum equal to any additional sums (including any late charge, default penalties, interest and fees of Lender's counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant's late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest at the rate (the "Default Rate") of four percent ------------ (4%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five the respective due dates thereof, provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year the late installment of Basic Rent shall not bear interest at the Default Rate until the sixth (5) days' following its due date unless such overdue installments are paid in full within such five (56/th/) day periodfollowing the date on which such installment was due, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days days after Landlord's demand for payment thereof, which demand for payment shall include the applicable supporting materials, and (ii) any other Additional Rent, within ten (10) Business Days days after Landlord's written demand for payment thereof, which demand for payment shall include the applicable supporting materials. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "“Additional Rent"”): (i) except as otherwise specifically provided herein, all Costs of Tenant, Landlord (including Costs of Landlord’s counsel and Landlord’s reasonable costs internal Costs) and expenses of Tenant and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overheadPremises pursuant to the provisions of this Lease, (B) the enforcement of, in accordance with this Lease, or the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, including costs and expenses incurred in connection with the payment of a Prepayment Premium, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of any of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, Landlord of any of its rights under this Lease, (GH) any amendment or supplement to or modification or termination of this Lease made at the request requested by Tenant or necessitated by any action of Tenant, including without limitation, any default by Tenant in the performance of any of its obligations under this Lease, (HI) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant, or the review and monitoring of compliance by Tenant to with the extent authorized by terms of this Lease Lease, including compliance with the Construction Agency Agreement applicable Law, (IJ) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (JK) all costs and fees associated with the wire transfers of Rent payments, and (KL) any all other items specifically required to be paid by Tenant under this Lease; (ii) after the date If all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "“Late Charge"”) equal to five percent (5%) of the amount of such unpaid installment or portion thereof provided, however, that with respect to the first late payment reimburse Landlord for its cost and inconvenience incurred as a result of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereofTenant's delinquency; (iii) a sum equal to any additional sums (including any late charge in excess of the amount payable under clause (ii) above for that portion of the Basic Rent paid to the Lender as scheduled installments of principal and interest, default penalties, interest in excess of amounts payable under clause (iv) below for that portion of the Basic Rent paid to the Lender as scheduled installments of principal and interest, and fees of Lender's counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant's late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest at the rate (the "“Default Rate"”) of four five percent (45%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations of Tenant hereunder which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, ; provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days days after Landlord's demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) or elsewhere in this Lease exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant Tenant, Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized following a default by this Lease Tenant, (IJ) the reasonable out-of-pocket internal Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, and (K) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Datepaid, an amount (the "Late Charge") equal to five four percent (54%) of the amount of such unpaid installment or portion thereof ("Late Charge"), provided, however, that (A) with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Yearconsecutive twelve (12) month period, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following written notice from Landlord and (B) if Tenant exercises its remedy under Paragraph 23(a)(iv) hereof, the due date thereofLate Charge shall not be payable on the accelerated Basic Rent; (iii) in addition to the amounts payable under clauses 7(a)(ii) and (iv) a sum equal to any additional sums (including any late charge payable on the portion of Basic Rent equal to installments of principal and interest on the then outstanding Loan, default penalties, interest and fees of Lender's counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant's late payment or non-payment of Basic Rent or by reason of an Event of Default, provided, however, that Tenant shall not be required to pay an amount equal to any late fee payable by Landlord to a Lender if, under clause (ii) above, Tenant pays any past due installment of Basic Rent within any grace period permitted in (and as limited by) clause (ii) above, and, provided further, that Tenant shall receive as a credit against any late charge or default interest payable on the then outstanding Loan equal to the product of (i) the sum of the Late Charge and the amount paid pursuant to clause 7(a)(iv) and (ii) the ratio of the amount of the Loan and the Acquisition Cost; and (iv) interest at the rate (the "Default Rate") of four percent (4%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If In no event shall Additional Rent include costs incurred by Landlord does not provide written notice to Tenant or Lender for insurance in excess of the sums owing pursuant insurance required under Paragraph 16 hereof, costs and expenses incurred by Landlord for property management or administration of this Lease or other costs and expenses of Landlord or Lender related to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge conduct of their business generally or default interest becomes due and owingmatters relating to investor relations, nor shall Tenant shall not be liable for amounts incurred by Landlord if Landlord has exceeded its authority under this Lease in incurring such amountscosts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days days after Landlord's demand for payment thereof. (d) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant Tenant, Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises by Tenant to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of TenantTenant or any Complete Assignment or Partial Assignment (and Lease Bifurcation and Loan bifurcation in connection therewith), (HI) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease (I) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, and (KJ) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Datepaid, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof ("Late Charge"); provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five two (52) days' days following the due date thereofnotice from Landlord that such payment or portion thereof has not been received; (iii) a sum equal to any additional sums (including any late charge, default penalties, interest and fees of Lender's counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant's late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest at the rate (the "Default Rate") of four five percent (45%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten five (105) Business Days days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten five (105) Business Days days after Landlord's demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant Tenant, Landlord, Lender (to the extent specifically provided herein) and Landlord Indemnitees specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any Condemnation proceedingssale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (E) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only which Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party or in such litigationwhich a settlement is reached or under Paragraph 15 hereof, (F) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (G) any amendment to or modification or termination of this Lease made at the request of Tenant, (H) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease (I) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, and (KI) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Datepaid, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof (the "Late Charge"), provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent or portion thereof that is late in any Lease Year, the Late Charge shall not be due and payable unless until the Basic Rent has not been paid within expiration of five (5) days' days following the due date thereof; (iii) interest at the rate (the "Default Rate") of four three percent (43%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days days after Landlord's demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii) and (iii) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant Tenant, Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises by Tenant to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease Tenant, (IJ) the reasonable out-of-pocket third party Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, and (K) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Datepaid, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof thereof, provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Yearconsecutive twelve (12) month period, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereof; (iii) a sum equal to any additional sums (including any late charge, default penalties, interest and fees of Lender's counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant's late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest at the rate (the "Default Rate") of four three percent (43%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten thirty (1030) Business Days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days after Landlord's demand for payment thereof.days after (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "“Additional Rent"):”) the following costs and expenses: (i) except as otherwise specifically provided herein, any and all reasonable Costs (including Landlord’s internal Costs, but excluding those costs and expenses associated with the day-to-day management by Landlord of Tenant and Landlord this Lease) which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, management fees, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance by Landlord of any of Tenant's ’s obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises by Landlord to Tenant, including Costs incurred in connection with the payment of a Prepayment Premium, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation (i) involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, Lease or the sale of any of the Leased Premises by Landlord following an Event of Default or (ii) brought by any third-party directly against Landlord related to Landlord providedthis Lease, however, that in any of the event of any litigation involving only Landlord and Leased Premises or Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigation’s use or occupancy thereof, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, Landlord of any of its rights under this Lease, (GH) any amendment or supplement to or modification or termination of this Lease made at the request requested by Tenant or necessitated by any action of Tenant, (H) Costs including without limitation, any default by Tenant in the performance of Landlord's counsel and reasonable out-of-pocket Costs any of Landlord incurred in connection with the preparation, negotiation and execution of its obligations under this Lease, or incurred in connection with (I) any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant, or the review and monitoring of compliance by Tenant to with the extent authorized by terms of this Lease (I) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situationand applicable Law, and (J) all costs and fees associated with the wire transfers of Rent payments, and (K) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date if all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "“Late Charge"”) equal to five percent (5%) of the amount of such unpaid installment or portion thereof to reimburse Landlord for its Costs and inconvenience incurred as a result of Tenant’s delinquency, provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Yearcalendar year during the Term, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following days after receipt of written notice from Landlord that the same is due date thereofand payable; (iii) a sum equal to any additional amounts (including any late charge in excess of the amount payable under clause (ii) above and interest in excess of amounts payable under clause (iv) below for that portion of the Basic Rent paid to the Lender as scheduled installments of principal and interest, and fees of Lender’s counsel, but exclusive of principal and regularly scheduled interest) which are payable by Landlord to any Lender under any Note by reason of Tenant’s late payment or non-payment of Basic Rent or by reason of an Event of Default, provided that nothing herein shall be deemed to imply that Tenant is in any way liable for principal and regularly scheduled interest payments accruing with respect to any Loan; and (iv) interest, from the date of delinquency, at the rate (the "“Default Rate"”) of four five percent (45%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from the respective due dates thereof, provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any calendar year during the Term, the Default Rate shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following its days after receipt of written notice from Landlord that the same is due date unless such overdue installments are paid in full within such five (5) day periodand payable, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of TenantTenant in accordance with the terms of this Lease, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;due. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any all Additional Rent referred to in Paragraph 7(a)(inot later than five (5) when Business Days after the same shall become due, due date with respect thereto; provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days after Landlord's ▇▇▇▇▇▇▇▇’s demand for payment thereof. After the occurrence of an Event of Default, and (ii) any other all payments of Additional Rent, within ten (10) Business Days after Landlord's demand for payment thereofRent shall be paid by Automated Clearing House Debit initiated by Landlord pursuant to Paragraph 6(b). (dc) In no event shall amounts payable under Paragraph Paragraphs 7(a)(ii), (iii) and (iiiiv) or elsewhere in this Lease exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant Tenant, Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's counsel and reasonable out-of-pocket internal Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease Tenant, and (IJ) the reasonable out-of-pocket internal Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, and (K) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Datepaid, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof thereof, provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Yearconsecutive twelve (12) month period, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereof; (iii) a sum equal to any additional sums (including any late charge, default penalties, interest and fees of Lender's counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant's late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest at the rate (the "Default Rate") of four five percent (45%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten five (105) Business Days days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten five (105) Business Days days after Landlord's demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant Tenant, Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant (or an Affiliate or designee of Tenant) under this Lease, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's counsel and reasonable out-of-pocket internal Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to or the extent authorized review and monitoring of compliance by Tenant with the terms of this Lease after an Event of Default under Paragraphs 10, 12, 13, or 19 or in monitoring Tenant's compliance with any Post-Closing Obligations, (IJ) the reasonable out-of-pocket internal Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (JK) all costs and any fees associated with the wire transfers of Rent paymentspayments to Landlord, and (KL) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof to reimburse Landlord for its cost and inconvenience incurred as a result of Tenant's delinquency, provided, however, that with respect to the first not more than two (2) late payment payments of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' days following the due date thereof. Tenant hereby acknowledges and agrees that the Late Charges described herein represent fair and reasonable compensation to Landlord for the administrative time and expense incurred as a result of or in connection such late payments; (iii) a sum equal to any additional sums (including any late charge in excess of the amount payable under clause (ii) above for that portion of the Basic Rent paid to the Lender as scheduled installments of principal and interest, default penalties, interest in excess of amounts payable under clause (iv) below for that portion of the Basic Rent paid to the Lender as scheduled installments of principal and interest, and fees of Lender's counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant's late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest at the rate (the "Default Rate") equal to the lesser of four (A) the highest rate then permitted under applicable Laws and (B) five percent (45%) over the Prime Rate per annum annum, in either case, on the following sums until paid in full: (A1) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B1) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C3) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;; . (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days days after Landlord's demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) or elsewhere in this Lease exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) It is the purpose and intent of the Landlord and Tenant that the rent payable hereunder shall be net to the Landlord so that this Lease shall yield, net to the Landlord, the rents specified herein in each year during the term of this Lease. Tenant shall pay and dischargepromptly when due or make reimbursement to Landlord, as additional rent (collectivelyrent, "Additional Rent"):for all taxes imposed upon Tenant's rent, lease and business operation, including, without limitation, all sales taxes, value added taxes, documentary taxes, stamp taxes and other taxes assessed upon the consideration to be received by Landlord for this Lease. (ib) except Tenant also covenants to pay, before any fine, penalty, interest, or cost may be added thereto for the non-payment thereof, as otherwise specifically provided hereinadditional rent, all reasonable costs taxes imposed upon the Leased Premises whether or not a result of Tenant's rent, lease and expenses business operation, including, without limitation, all sales taxes, value added taxes, documentary taxes, stamp taxes, real estate taxes, all other taxes and assessments (including but not limited to, all assessments for public improvements or benefits, whether or not commenced or completed within the term of this Lease), water, sewer, and other rents, rates, and charges, charges for public utilities, excises, levies, license, permit, and inspection fees and other governmental charges, general and special, ordinary and extraordinary, foreseen and unforeseen, of any kind and nature whatsoever, which at any time prior to or during the term of this Lease may have been or may be assessed, levied, confirmed, imposed upon, or grow or become due or payable out of or in respect of, or become a lien on, the Leased Premises or any part thereof or any appurtenance thereto, any personal property, the rent and income received by Tenant and Landlord which are incurred in connection or associated with (A) the ownershipfrom subtenants, any use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any occupation of the Leased Premises, except for Landlord's general overheador rentals or sales therefrom or activity conducted therein, (B) such franchises as may be appurtenant to the performance of any of Tenant's obligations under this Lease, (C) any Condemnation proceedings, (D) the adjustment, settlement use or compromise of any insurance claims involving or arising from any occupation of the Leased Premises, (E) the prosecutionthis transaction or any document to which Tenant is a party creating or transferring any right, defense title, or settlement of any litigation involving interest or arising from any of estate in the Leased Premises (all of the foregoing, together with any and all penalties and/or interest thereon, and together with any and all premiums, being hereinafter sometimes collectively referred to as Impositions, and any of the same being hereinafter sometimes referred to as an Imposition). Nothing herein contained shall require Tenant to pay income taxes assessed against Landlord, or any capital levy, corporation franchise, excess profits, estate, succession, inheritance, or transfer taxes of Landlord, unless caused such taxes are imposed or levied upon or assessed as a total or partial substitute for, or in lieu of, any other Imposition required to be paid by Tenant pursuant to this Section 5(b), in which event same shall be deemed Impositions and shall be paid by Tenant; provided, however, that if at any time during the term of this Lease, the method of taxation shall be such that there shall be levied, assessed, or imposed on Landlord a capital levy, gross receipts, or other tax directly on the rents received therefrom and/or a franchise tax or an assessment, levy, or charge measured by or based, in whole or in part, upon such rents, the Leased Premises (including, but not limited to, the acquisition, leasing, use, or value thereof) or the present or any future Improvements on the Leased Premises or the construction thereof and/or measured in whole or in part by Landlord's income from the Leased Premises, if in computing such income there is not allowed as a deduction any significant portion of the depreciation or interest deductions allowed for federal income tax purposes, then all such taxes, assessments, levies, and charges, or the part thereof so measured or based, shall be deemed to be included within the term Imposition for the purposes hereof, but only to the extent that such taxes would be payable if the Leased Premises were the only property of Landlord, and Tenant shall pay and discharge the same as herein provided in respect of the payment of Impositions. Tenant shall furnish to Landlord, promptly after payment of any real estate taxes or premiums, and, with respect to any other Impositions, promptly upon request of Landlord, official receipts or other satisfactory proof evidencing payment of such Imposition. Upon Tenant's failure to pay such Impositions, or failure to provide proof of such payment, as above provided, or otherwise if, as, and when required by a Mortgagee, Landlord shall have the right, at Landlord's option, to require Tenant to: (i) promptly deposit with Landlord funds for the payment of current Impositions required to be paid by Tenant hereunder; and (ii) also deposit one-twelfth (1/12th) of the current annual or annualized Impositions as the case may be, or those of the preceding years if the current amounts thereof have not been fixed, on the first day of each month in advance, except that all additional funds required for any payments thereof shall also be deposited as aforesaid on the first day of the month during which, or at the end of which, an Imposition is due and payable without interest, penalty, or liability, and any interest made available to Landlord earned on such funds shall accrue for the benefit of Tenant. (c) Notwithstanding anything to the contrary, additional rent shall not include the following: (i) Principal or interest payments on late fees, points, closing cost, and any other charges paid by Landlord for any mortgages, deeds of trust, or other financing encumbrances; (ii) Leasing commissions payable by Landlord and advertising and promotional expenditures associated with marketing space in the project; (iii) Deductions for depreciation for the project; (iv) Any attorneys' fees and disbursements, recording costs, mortgage recording taxes, title insurance premiums, title closurer's gratuity and other similar cost, incurred in connection with any mortgage financing or refinancing or execution, modification or extension of any ground lease; loan repayment penalty, premiums, fees or charges; (v) Salaries and all other compensation (including fringe benefits and other direct and indirect personnel costs) of partners, officers and executives above the grade of superintendent or building manager of Landlord or the managing agent; (vi) Costs of repairs, replacements and alterations for which and to the extent that Landlord is actually reimbursed therefor from any source; (vii) Costs and expenses directly resulting from the gross negligence or willful misconduct of Landlord Landlord, its managing agent or its agents)direct employees; (viii) Sums paid by Landlord for any indemnity, this Leasedamages, fines, late charges, penalties or interest for any late payment or to correct violations of building codes or other laws, regulations or ordinances applicable to the sale project, except for expenditures for repairs, maintenance and replacement or other items that would otherwise reasonably constitute a part of additional rent or which are caused by or incurred as a result of Tenant's use of the Leased Premises to hereunder; (ix) Costs and expenses incurred by Landlord in connection with damage, casualty or condemnation of all or a portion of the project.; provided, however, that Landlord may include such cost and expenses as additional rent if Landlord actually makes such repair and an insurance claim in connection therewith is not made or insurance does not pay such claim as a result of Tenant's actions or omissions; (x) Costs actually reimbursed under the event warranty of any litigation involving only Landlord general contractor, subcontractor or supplies and Tenantrealized by Landlord; (xi) Attorneys' fees and disbursements, Tenant shall be responsible for such brokerage commissions, transfer taxes, recording costs and expenses only if taxes, title insurance and to the extent that Tenant is not the prevailing party in such litigation, (F) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (G) any amendment to or modification or termination of this Lease made at the request of Tenant, (H) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord other similar charges incurred in connection with the preparation, negotiation and execution sale or transfer of this Lease, or incurred an interest in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease (I) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, and (K) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereof; (iii) interest at the rate (the "Default Rate") of four percent (4%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its due date unless such overdue installments are paid in full within such five (5) day period, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue; (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days after Landlord's demand for payment thereofthe project. (d) In no event shall amounts payable under Paragraph 7(a)(ii) and (iii) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant Tenant, Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance by Landlord of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence due to any action or willful misconduct inaction of Landlord or its agents)Tenant, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) reasonable Costs of Landlord's counsel and reasonable out-of-pocket internal Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to in the extent authorized by this Lease case of an Event of Default, (IJ) the reasonable out-of-pocket internal Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (JK) all costs and fees associated with the wire transfers of Rent payments, and (KL) any other items specifically required to be paid by Tenant under this Lease;; Notwithstanding the foregoing, Tenant is not responsible for the following Costs: (A) Interest and any increase in the rate of interest payable by Landlord with respect to any Loan, Mortgage or Note. (B) Amortization or other payments on loans to Landlord. (C) Depreciation of the Leased Premises or any part thereof. (D) Leasing commissions or brokerage commissions of any kind, except as specifically set forth herein. (E) Income, excess profits or franchise taxes measured by the net income of Landlord. (F) The amount of rent or other charges payable under and pursuant to any ground lease relating to the Leased Premises (G) Any advertising or promotional expenses. (H) Any cost representing an amount paid to an entity related to Landlord which is in excess of competitive costs charged by others. (I) Management fees and administrative fees for a calendar year. (J) Except as may be required to be paid in accordance with Paragraph 9(b), reserve of any kind, including but not limited to reserves for replacement, bad debts, lost rent, or similar charges. (K) Charitable, political or trade association contributions. (L) Costs associated with the operation of the business of the entity which constitutes the Landlord, as distinguished from the costs of operation of the Leased Premises, including accounting, tax and legal costs. (M) Landlord's general overhead and administrative expenses. (ii) Tenant may request an audit of any Person's Costs paid directly by such Person by an independent certified public accountant chosen by Landlord from a list of not fewer than three submitted by Tenant in conjunction with the request. If Landlord does not make the choice with fifteen (15) days, Tenant may do so. The auditor shall have access to those records of Landlord pertaining to Costs for the year in question. The auditor shall report to the parties within thirty (30) days after being chosen. The report of the auditor shall be final and binding on both parties with respect to the year in question unless Landlord disputes the audit by notice to Tenant within fifteen (15) days after receiving the report. If the report is disputed by Landlord, the parties shall select a mutually acceptable auditor to review the report, and the determination of the mutually acceptable reviewing auditor shall be final and binding on both parties. If the actual Costs differ from those charged to Tenant, payments required to make adjustments in Additional Rent conform to the final report shall be made within thirty (30) days after receipt of the final report. All expenses of the audit shall be borne by Tenant unless the audit, or the final determination by the reviewing auditor if Tenant's audit is disputed by Landlord, discloses an overstatement of Costs of 3% or more, in which case all reasonable expenses of Tenant's audit and the reviewing audit resolving a disputed audit shall be borne by Landlord, and payment of Costs shall be adjusted accordingly. If Tenant's audit is disputed by Landlord and the reviewing auditor determines that no adjustment is required, Tenant will pay all costs of its audit and all costs of the reviewing auditor. If the final resolution of a disputed audit requires an adjustment in favor of Tenant, but the adjustment is less than 3%, Tenant shall pay cost of the initial audit, and each party will pay one-half of the cost of the reviewing auditor. (iii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof, provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year the Late Charge shall not be due until three (3) days after the date Landlord gives Tenant written notice that such installment is past due; and (iv) interest at the rate (the "Default Rate") of five percent (5%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from the respective due dates thereof provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year, no default interest shall accrue until three (3) days after the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereof; (iii) interest at the rate (the "Default Rate") of four percent (4%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its due date unless Landlord gives Tenant written notice that such overdue installments are paid in full within such five (5) day periodinstallment is past due, (B) all overdue amounts of Additional Rent relating to Tenant's obligations hereunder which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten fifteen (1015) Business Days days after the date set forth in Landlord's demand for payment thereofinvoice therefor, and (ii) any other Additional Rent, within ten fifteen (1015) Business Days days after Tenant receives Landlord's demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, before the imposition of any fine, lien, interest or penalty may be added thereto for late payment thereof, as additional rent during the Term (collectively, "“Additional Rent"):”), all other amounts and obligations which Tenant assumes or agrees to pay or discharge pursuant to this Lease, together with every fine, penalty, interest and cost which may be added by the party to whom such payment is due for nonpayment or late payment thereof, including, without limitation, the following: (i) except as otherwise specifically provided herein, all Costs of Tenant, all reasonable and documented costs and expenses of Tenant Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overheadPremises pursuant to the provisions of this Lease, (B) the performance of any of Tenant's ’s obligations under this Lease, (C) any Condemnation proceedings, (D) the adjustment, settlement settlement, or compromise of any insurance claims involving or arising from any of the Leased Premises, (E) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents), this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and except to the extent that Tenant any litigation is not based on the prevailing party in such litigationacts of Landlord, (FD) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, subject to Paragraph 23(m), (GE) any amendment to or amendment, supplement, modification or termination of this Lease made at requested by Tenant or necessitated by any default by Tenant in the request performance of Tenant, (H) Costs any of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of its obligations under this Lease, or incurred in connection with (F) any act undertaken by Landlord (or its counsel) at the request of Tenant, Tenant or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease Tenant, (IG) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's ’s failure to act promptly in an emergency situation, (JH) all costs and fees associated with the wire transfers of Rent payments, payments and (KI) any all other items specifically required to be paid by Tenant under this Lease;. Notwithstanding anything in this Lease to the contrary, Costs of Tenant shall not include: (1) principal or interest payments on any Mortgage; (2) leasing commissions or legal fees with respect to the negotiation of leases; (3) costs for which Landlord is entitled to be reimbursed by insurers (or would have been if Landlord’s insurance required under this Lease were in effect) and costs that are reimbursed or by governmental authorities in Condemnation proceedings to Landlord (net of reasonable collection expenses incurred); (4) marketing, advertising and promotional expenses; (5) overhead and profit paid to subsidiaries or affiliates of Landlord for management or other services, except as set forth in Paragraph 7(a)(v); (6) ground rental and interest on debt or amortization payments on any debt for borrowed money; (7) expenses to the extent resulting from the negligence or willful misconduct of Landlord or Landlord’s employees, agents or contractors; (8) any bad debt loss, rent loss, or reserves for bad debts or rent loss; (9) Landlord’s general corporate overhead and general and administrative expenses, including costs associated with operating the business of the landlord entity, as distinguished from costs of operating the Real Property, including accounting and legal matters, (10) costs of defending lawsuits with any Mortgage holder; (11) costs of selling, syndication, financing, mortgaging or hypothecating any of the Landlord’s interest in the Real Property, including attorney fees and costs of settlement, judgments and payments in lieu thereof, except as set forth in Paragraph 9(b), Paragraph 23(i) and Paragraph 34(b); (12) wages and benefits of any employee who does not devote substantially all of his or her time to the Building; (13) costs arising from Landlord’s political or charitable contributions; (14) costs for the acquisition of sculptures, paintings, or other objects of fine art; (15) reserves, except as set forth in Paragraph 9(b), Paragraph 23(i) and Paragraph 34(b). (ii) after the date all or any portion of any installment of Basic Rent or Additional Rent is due and not paid by the applicable Basic Rent Payment DateDate or any grace period allowed therefor, an amount (the "“Late Charge"”) equal to five percent (5%) of the amount unpaid sum to reimburse Landlord for its cost and inconvenience incurred as a result of such unpaid installment or portion thereof providedTenant’s delinquency. Notwithstanding the foregoing, however, that Tenant shall not be charged with the Late Charge with respect to the first late occurrence during any twelve (12) month period in which Tenant fails to make any Rent payment of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be when due and payable unless the Basic Rent has not been paid within until five (5) days' following Business Days after Landlord delivers written notice of such delinquency to Tenant and Tenant fails to cure such delinquency within such five day period. Tenant acknowledges that the due date thereofdamages to and costs incurred by Landlord resulting from Tenant’s late payment of Basic Rent would be difficult, if not impossible, to ascertain with any accuracy, and that the five percent (5%) charge represents Landlord and Tenant’s efforts to approximate such potential damages and costs; (iii) [intentionally deleted] (iv) interest at the rate (the "“Default Rate"”) of four five percent (45%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof subject to any applicable grace periods therefor, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue; (b) If Landlord does not provide written notice overdue subject to Tenant of any applicable grace periods therefor. Notwithstanding the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owingforegoing, Tenant shall not be liable charged with interest at the Default Rate with respect to the first occurrence during any twelve (12) month period in which Tenant fails to make any Rent payment when due until five (5) business days after Landlord delivers written notice of such delinquency to Tenant and Tenant fails to cure such delinquency within such five day period; (v) a management fee not to exceed three percent (3%) of the Basic Rent payable hereunder paid by Landlord or Lender to an independent third-party property manager in an arms-length transaction in the event an Event of Default occurs and is continuing which results in (A) Tenant failing to manage and maintain the Leased Premises in the manner required by this Lease, or (B) Lender taking possession of the Leased Premises to manage same; and (vi) two thousand five hundred dollars ($2,500.00) per month for each month that Tenant is late in the delivery of the annual or quarterly financial statements that are required to be delivered pursuant to Paragraph 28(b) (Books and Records), and provided that Tenant may, upon notice to Landlord delivered prior to the due date of such amountsfinancial statements, extend the time period to deliver such financial statements for a reasonable period of time if Tenant is diligently pursuing obtaining such financial statements, but they are not available as of the applicable due date, in which case the above-referenced monthly penalty shall not apply. (cb) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, ; provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten thirty (1030) Business Days days after Landlord's ’s demand for payment thereof, and (ii) any other Additional Rent, within ten thirty (1030) Business Days days after Landlord's ’s demand for payment thereof, together with reasonably detailed documentation evidencing the amount due. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) or elsewhere in this Lease exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "“Additional Rent"”): (i) except as otherwise specifically provided herein, all reasonable costs and expenses Costs of Tenant and all reasonable and documented external Costs of Landlord (including Landlord’s reasonable internal Costs after the occurrence of an Event of Default by the Tenant, and any Costs of Lender for which Landlord is responsible) which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's ’s obligations under this Lease, (C) any Condemnation proceedings, (D) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (E) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents), this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationPremises, (F) the exercise or successful enforcement by Landlord, its successors and assigns, Landlord of any of its rights under this Lease, (G) any amendment or supplement to or modification or termination of this Lease made at the request requested by Tenant or necessitated by any action of Tenant, including without limitation the occurrence and continuation of any Event of Default under this Lease, (H) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant upon Tenant’s failure to perform such act as provided in this Lease, or the extent authorized review and monitoring of compliance by Tenant with the terms of this Lease and applicable Law, (I) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's ’s failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, and (K) any all other items specifically required to be paid by Tenant under this Lease; (ii) after the date if all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "“Late Charge"”) equal to five percent (5%) of the amount of such unpaid installment or portion thereof provided, however, that with respect to the first late payment reimburse Landlord for its Costs and inconvenience incurred as a result of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereofTenant’s delinquency; (iii) a sum equal to any additional amounts (including any late charge in excess of the amount payable under clause (ii) above for that portion of the Basic Rent paid to the Lender as scheduled installments of principal and interest, default penalties, interest in excess of amounts payable under clause (iv) below for that portion of the Basic Rent paid to the Lender as scheduled installments of principal and interest, and fees of Lender’s counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant’s late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest at the rate (the "“Default Rate"”) of four two percent (42%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;due. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, ; provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days after Landlord's ’s written demand for payment thereof. (dc) In no event shall amounts payable under Paragraph Paragraphs 7(a)(ii), (iii) and (iiiiv) or elsewhere in this Lease exceed the maximum amount permitted by applicable Law. (d) Notwithstanding anything to the contrary contained herein, the following items shall be excluded as Additional Rent: (i) any depreciation or amortization charges with respect to the Leased Premises; (ii) Costs incurred due to a violation of Law by Landlord (except to the extent such violation is caused by the action or inaction of Tenant) of default by Landlord under this Agreement; (iii) scheduled interest payments or amortization of principal on any Loans or other indebtedness of Landlord; (iv) salaries and wages (including fringe benefits) of Landlord’s employees; (v) any expense for which Landlord is otherwise compensated or has the right to be compensated through the proceeds of the insurance maintained by Tenant in accordance with this Lease; (vi) advertising, promotional and entertainment expenditures (except to the extent incurred in connection with the remarketing, resale or re-letting of the Leased Premises after the occurrence of an Event of Default by the Tenant); (vii) management or other fees paid to affiliates of Landlord (except to the extent incurred in connection with the management, remarketing, resale or re-letting of the Leased Premises after the occurrence of an Event of Default by the Tenant); (viii) Landlord’s transaction costs in connection with any financing and refinancing of the Leased Premises; (ix) interest, fines, penalties or other late charges payable by Landlord to Lender to the extent not caused by Tenant; and (x) the cost of any judgment, settlement or arbitration award resulting from any liability due to Landlord’s negligence or willful misconduct.

Additional Rent. Tenant covenants and agrees to pay as Additional Rent, before any fine, penalty, interest or cost may be added thereto for the nonpayment thereof, all real estate taxes, special assessments, water rates and charges, sewer rates and charges, including any sum or sums payable for sewer or water capacity, charges for public utilities (athe charges for the electric power portion thereof to be at rates charged by the applicable regulated utility providing such electricity, at Tenant's request), insurance premiums, street lighting, excise levies, licenses, permits, governmental inspection fees (incurred after Substantial Completion) Tenant shall pay and dischargeall other charges or burdens of whatsoever kind and nature (including costs, fees, and expenses of complying with any restrictive covenants or similar agreements to which the Demised Premises is subject) incurred in the use, occupancy, operation, leasing or possession of the Demised Premises (except as additional rent otherwise provided in Section 4.3 hereof), without particularizing by any known name or by whatever name hereafter called, and whether any of the foregoing be general or special, ordinary or extraordinary, foreseen or unforeseen (collectively, "Impositions"), which at any time during the Term may be payable. Landlord represents that it has received no notice of any change in the assessed valuation of the Land or any special assessment applicable to the Land. Tenant shall pay all components of Additional Rent"): Rent as set forth in this Section 4.1 directly to the applicable public utility or other entity. Notwithstanding anything to the contrary herein, Landlord agrees that Impositions shall not include: (i) except as otherwise specifically provided herein, all reasonable costs leasing commissions and expenses of Tenant and Landlord which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any Condemnation proceedings, (D) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (E) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents), this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigation, (F) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (G) any amendment to or modification or termination of this Lease made at the request of Tenant, (H) Costs of Landlord's counsel and reasonable out-of-pocket Costs of Landlord attorneys fees incurred in connection with the preparation, negotiation and execution of this Lease, or ; (2) costs incurred in connection with any act undertaken by Landlord in the discharge of its obligations under this Lease; (3) any amortization or its counseldepreciation on the Building; (4) at the request of Tenant, or costs incurred in connection with any act of by Landlord performed on behalf of Tenant to the extent authorized due to a violation by Landlord of any of the terms of this Lease Lease; (I5) interest on debt or amortization payments on any mortgages or any other debt for borrowed money; (6) repairs or other work occasioned by fire, windstorm, or other casualty to the reasonable out-of-pocket Costs extent same are paid by the proceeds of Landlord insurance or condemnation awards; and (7) costs incurred in connection to the extent resulting from the failure of the Building to comply with any act undertaken by Landlord at applicable law, rule, regulation, or code in effect as of the request Commencement Date of any governmental authority having jurisdiction over the Building. Tenant shall pay all special (or Tenant's failure to act promptly in an emergency situationsimilar) assessments or installments thereof (including interest thereon) for public improvements or benefits which, (J) all costs during the Term shall be laid, assessed, levied or imposed upon or become a lien upon the Demised Premises and fees associated with which are payable during the wire transfers of Rent paymentsTerm, and (K) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof thereof; provided, however, that if by law any special assessment is payable (without default) or, at the option of the party obligated to make such payment, may be paid (without default) in installments (whether or not interest shall accrue on the unpaid balance of such special assessment), Tenant may pay the same, together with any interest accrued on the unpaid balance of such special assessment in installments as the same respectively become payable and before any fine, penalty, interest or cost may be added thereto for the nonpayment of any such installment and the interest thereon. Except as hereafter provided, Tenant shall pay all special assessments or installments thereof (including interest accrued thereon), whether heretofore or hereafter laid, assessed, levied or imposed upon the Demised Premises, or any portion thereof, which are due and payable during the Term (regardless of the period to which such assessments relate). Landlord shall pay all installments of special assessments (including interest accrued on the unpaid balance) which are payable prior to the commencement and after the termination of this Lease. Except as hereafter provided, Tenant shall pay all real estate taxes, whether heretofore or hereafter levied or assessed upon the Demised Premises, or any portion thereof, which are due and payable during the Term (regardless of the period to which such taxes relate). Provisions herein to the contrary notwithstanding, Landlord shall pay that portion of the real estate taxes and installments of special assessments due and payable in respect to the first late payment Demised Premises during the year the Term commences and the year in which the Term ends which the number of all or any portion days in said year not within the Term of any installment of Basic Rent in any this Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereof; (iii) interest at the rate (the "Default Rate") of four percent (4%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its due date unless such overdue installments are paid in full within such five (5) day period, (B) all overdue amounts of Additional Rent relating bears to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord365, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue; (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owingexcept as hereafter provided, Tenant shall not pay the balance of said real estate taxes and installments of special assessments during said years. The provisions of this Section 4.1 shall survive the expiration or earlier termination of this Lease. In the event the Land is currently taxed as part of a larger parcel for real estate tax purposes, promptly upon the execution of this Lease, Landlord will use good faith efforts to have the Land divided into a separate and distinct real estate tax parcel. Until such time as said tax division occurs, Landlord shall compute the portion of the real estate tax bill ▇▇▇ributable to the Demised Premises and which portion is attributable to other property, if necessary. Landlord agrees to provide copies of all tax bills and Landlord's calculation of Tenant's proportionate share of the Real Estate taxes (until the tax division) promptly upon receipt of the tax bill. ▇▇ter the tax division of the Land occurs, Landlord will cause all real estate tax bills, assessments and notices to be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not sent directly to Tenant, and Tenant agrees promptly to furnish copies of same to Landlord. Tenant's address for real estate tax purposes shall be paid within ten (10) Business Days after Landlord's demand the address for payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days after Landlord's demand for payment thereofthe Leased Premises. (d) In no event shall amounts payable under Paragraph 7(a)(ii) and (iii) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant Tenant, Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this LeaseLease after an Event of Default occurs, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's counsel and reasonable out-of-pocket internal Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease (I) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, (J) all costs and fees associated with the wire transfers of Rent payments, and (KJ) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable a late charge on any past due installments of Basic Rent Payment Date, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof provided, however, that with respect equal to the first late payment of all or any portion of any installment of Basic Rent in any Lease Yearcharge, if any, payable on the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereof;Note. (iii) a sum equal to any additional sums (including any default penalties, interest and fees of Lender's counsel) which are payable by Landlord to any Lender under any (iv) interest at the rate (the "Default Rate") of four three percent (43%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten five (105) Business Days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten five (105) Business Days after Landlord's demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "Additional Rent"): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant Tenant, Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease, (D) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the ground leasing of the Land or sale of the Leased Premises Improvements and Equipment to Landlord provided(it being understood and agreed, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigation), (FG) the exercise or successful enforcement by Landlord, Landlord or its successors and assigns, of any of its rights under this Lease, except to the extent that Tenant is the prevailing party in any resulting litigation, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's counsel and reasonable out-of-pocket internal Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to the extent authorized by this Lease (I) the reasonable out-of-pocket Costs of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situation, and (J) all costs and fees associated with the wire transfers of Rent payments, and (K) any other items specifically required to be paid by Tenant under this LeaseLease (other than Basic Rent); (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "Late Charge") equal to five four percent (54%) of the amount of such unpaid installment or portion thereof thereof, provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereofnotice of non-payment; (iii) a sum equal to any additional sums (including any late charge, default penalties, interest and fees of Lender's counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant's late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest at the rate (the "Default Rate") of four five percent (45%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day period, dates thereof and (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days days after Landlord's demand for payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days days after Landlord's demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) exceed the maximum amount permitted by applicable Law.

Additional Rent. (a) Tenant shall pay and discharge, as additional rent (collectively, "“Additional Rent"”): (i) except as otherwise specifically provided herein, all reasonable costs and expenses of Tenant Tenant, Landlord and Landlord any other Persons specifically referenced herein which are incurred in connection or associated with (A) the ownership, use, non-use, occupancy, monitoring, possession, operation, condition, design, construction, maintenance, alteration, repair or restoration of any of the Leased Premises, except for Landlord's general overhead, (B) the performance of any of Tenant's ’s obligations under this Lease, (C) any sale or other transfer of any of the Leased Premises to Tenant under this Lease or any Affiliate or designee of Tenant including any conveyance of the Leased Premises in accordance with ▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇, (▇) any Condemnation proceedings, (DE) the adjustment, settlement or compromise of any insurance claims involving or arising from any of the Leased Premises, (EF) the prosecution, defense or settlement of any litigation involving or arising from any of the Leased Premises (unless caused by the gross negligence or willful misconduct of Landlord or its agents)Premises, this Lease, or the sale of the Leased Premises to Landlord provided, however, that in the event of any litigation involving only Landlord and Tenant, Tenant shall be responsible for such costs and expenses only if and to the extent that Tenant is not the prevailing party in such litigationLandlord, (FG) the exercise or successful enforcement by Landlord, its successors and assigns, of any of its rights under this Lease, (GH) any amendment to or modification or termination of this Lease made at the request of Tenant, (HI) Costs of Landlord's ’s counsel and reasonable out-of-pocket internal Costs of Landlord incurred in connection with the preparation, negotiation and execution of this Lease, or incurred in connection with any act undertaken by Landlord (or its counsel) at the request of Tenant, or incurred in connection with any act of Landlord performed on behalf of Tenant to or the extent authorized review and monitoring of compliance by Tenant with the terms of this Lease (I) the reasonable out-of-pocket Costs following an Event of Landlord incurred in connection with any act undertaken by Landlord at the request of Tenant or Tenant's failure to act promptly in an emergency situationDefault hereunder, (J) all Condominium Expenses, (K) all fees and costs and (including any late fees or default interest due) incurred or payable under or associated with the wire transfers Condominium, the Condominium Documents, the Severance Lease or the Ground Lease, or any compliance with any of Rent paymentsthe foregoing, (L) all Costs associated with the delivery of the Beneficial Transfer Documents, including reasonable attorney’s fees and all transfer taxes payable with respect to the recording of the True Assignment, and (KM) any other items specifically required to be paid by Tenant under this Lease; (ii) after the date all or any portion of any installment of Basic Rent is due and not paid by the applicable Basic Rent Payment Date, an amount (the "Late Charge") equal to five percent (5%) of the amount of such unpaid installment or portion thereof provided, however, that with respect to the first late payment of all or any portion of any installment of Basic Rent in any Lease Year, the Late Charge shall not be due and payable unless the Basic Rent has not been paid within five (5) days' following the due date thereofIntentionally Omitted; (iii) a sum equal to any additional sums (including any late charge in excess of the amount payable under clause (ii) above for that portion of the Basic Rent paid to the Lender as scheduled installments of principal and interest, default penalties, interest in excess of amounts payable under clause (iv) below for that portion of the Basic Rent paid to the Lender as scheduled installments of principal and interest, and fees of Lender’s counsel) which are payable by Landlord to any Lender under any Note by reason of Tenant’s late payment or non-payment of Basic Rent or by reason of an Event of Default; and (iv) interest at the rate (the "“Default Rate"”) of four five percent (45%) over the Prime Rate per annum on the following sums until paid in full: (A) all overdue installments of Basic Rent from five (5) days' following its the respective due date unless such overdue installments are paid in full within such five (5) day perioddates thereof, (B) all overdue amounts of Additional Rent relating to obligations which Landlord shall have paid on behalf of Tenant, from the date of payment thereof by Landlord, and (C) all other overdue amounts of Additional Rent, from the date when any such amount becomes overdue;. (b) If Landlord does not provide written notice to Tenant of the sums owing pursuant to Paragraphs 7(a)(ii) and (iii) within ninety (90) days after the date that the applicable Late Charge or default interest becomes due and owing, Tenant shall not be liable for such amounts. (c) Tenant shall pay and discharge (i) any Additional Rent referred to in Paragraph 7(a)(i) when the same shall become due, provided that amounts which are billed to Landlord or any third party, but not to Tenant, shall be paid within ten (10) Business Days business days after Landlord's ’s demand for payment thereof, and (ii) any other Additional Rent, within ten (10) Business Days business days after Landlord's ’s demand for payment thereof. (dc) In no event shall amounts payable under Paragraph 7(a)(ii), (iii) and (iiiiv) or elsewhere in this Lease exceed the maximum amount permitted by applicable Law.