Common use of Annual Basic Rent Clause in Contracts

Annual Basic Rent. (a) Tenant agrees to pay Landlord the Annual Basic Rent for the Premises shown in Item 6 of the Basic Lease Provisions, payable in advance on the first day of each calendar month during the Term. If the term of this Lease commences or ends on a day other than the first day of a calendar month, then the Rental for such period shall be prorated in the proportion that the number of days this Lease is in effect during such period bears to thirty (30). In addition to the Annual Basic Rent, Tenant agrees to pay as additional Rental the amount of Rental adjustments and other charges required by this Lease. All Rental shall be paid to Landlord, without prior demand and without any deduction or offset, in lawful money of the United States of America, at the address of Landlord designated in the Basic Lease Provisions or to such other person or at such other place as Landlord may from time to time designate in writing. No demand, notice or invoice shall be required. (b) The Rental payable by Tenant shall be increased for each year of the term of this Lease by adjusting the Annual Basic Rent reserved in Section 3(a) to reflect any increase in the cost of living, which adjustment shall be determined as follows: On each Adjustment Date the most recently published Index figure shall be determined (the "Comparison Index"). The monthly Rental payable for the succeeding year of the Lease Term shall be the Annual Basic Rent reserved under Section 3(a) increased by the same percentage, if any, by which the Comparison Index figure shall have increased over the Consumer Price Index figure for the month which is the most recently published prior to the Commencement Date; provided, however, that the increase in Annual Basic Rent shall in no event be less than two percent (2%) per annum nor more than six percent (6%) per annum (pro-rated as required to account for any partial year between the Commencement Date and the Adjustment Date). (c) Tenant hereby acknowledges that the late payment by Tenant to Landlord of Rental and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Building. Accordingly, if any installment of Rental or any other sum due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the due date, then the unpaid amounts shall bear interest at the rate of one and one-half percent (1-1/2%) per month from the date due to the date of payment (the "Late Charge"). The parties agree that such late charge represents a fair and reasonable estimate of the cost Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. (d) In the event of any two consecutive late payments of Rental within any twelve (12) month period, Landlord shall have the option (i) to require that beginning with the first payment of Rental next due, Rental shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance, and also to require that Tenant increase the amount, if any, of the security deposit required under this Lease by: (i) one hundred percent (100%), or (ii) one full month's Rental, whichever is greater, which additional security deposit shall be retained by Landlord and may be applied by Landlord in the manner provided in this Lease. (e) In the event that at any time during the term of this Lease any governmental law, rule or regulation prohibits or postpones in whole or in part any increase in the Rental or in the payment of other sums payable by Tenant hereunder to be made pursuant to this Lease, then, and in either of such events, such increase or payment shall be made to the maximum extent permissible by law at the time provided in this Lease, and/or at any time or times thereafter such increase or payment, or any portion thereof, may lawfully be made and any such increase in Rental, or any portion thereof, or the sums payable hereunder, or portions thereof, the payment of which has been so prohibited or postponed, shall thereafter become due and payable to the maximum extent and at the earliest time or times permitted by law.

Annual Basic Rent. (a) Tenant agrees to pay Landlord the as Annual Basic Rent for the Premises shown the Annual Basic Rent ___________ (subject to adjustment as hereinafter provided) in Item 6 of the Basic Lease Provisionstwelve (12) equal monthly installments, payable each in advance on the first day of each calendar month during the Term, except that one (1) full installment of Monthly Basic Rent at the rate of ________ per Rentable Square Foot of the Premises shall be paid upon the execution of this Lease, with such Monthly Basic Rent to be applied as provided in Subparagraph 5(c) below. If the term Term of this Lease commences or ends on a day other than the first day of a calendar month, then the Rental rent for such period shall be prorated in the proportion that the number of days this Lease is in effect during such period bears to thirty (30)the actual number of days in such calendar month. In addition to the Annual Basic Rent, Tenant agrees to pay as additional Rental rent the amount of Rental rent adjustments and other charges required by this Lease. All Rental rent shall be paid to Landlord, without prior demand and without any deduction or offsetoffset (except as otherwise provided in Paragraph 64 and Exhibit "G"), in lawful money of the United States of America, at the address of Landlord designated in the Basic Lease Provisions ________________________ or to such other person or at such other place as Landlord may from time to time designate in writing. No demandFurther, notice or invoice all charges to be paid by Tenant hereunder, including, without limitation, payments for Operating Expenses, insurance, repairs and parking, shall be required. (b) The Rental payable by Tenant shall be increased considered additional rent for each year of the term purposes of this Lease, and the word rent" in this Lease by adjusting shall include such additional rent unless the context specifically or clearly implies that only Annual Basic Rent reserved in Section 3(a) to reflect any increase in the cost of living, which adjustment shall be determined as follows: On each Adjustment Date the most recently published Index figure shall be determined (the "Comparison Index"). The monthly Rental payable for the succeeding year of the Lease Term shall be the Annual Basic Rent reserved under Section 3(a) increased by the same percentage, if any, by which the Comparison Index figure shall have increased over the Consumer Price Index figure for the month which is the most recently published prior to the Commencement Date; provided, however, that the increase in Annual Basic Rent shall in no event be less than two percent (2%) per annum nor more than six percent (6%) per annum (pro-rated as required to account for any partial year between the Commencement Date and the Adjustment Date)referenced. (c) Tenant hereby acknowledges that the late payment by Tenant to Landlord of Rental and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Building. Accordingly, if any installment of Rental or any other sum due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the due date, then the unpaid amounts shall bear interest at the rate of one and one-half percent (1-1/2%) per month from the date due to the date of payment (the "Late Charge"). The parties agree that such late charge represents a fair and reasonable estimate of the cost Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. (d) In the event of any two consecutive late payments of Rental within any twelve (12) month period, Landlord shall have the option (i) to require that beginning with the first payment of Rental next due, Rental shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance, and also to require that Tenant increase the amount, if any, of the security deposit required under this Lease by: (i) one hundred percent (100%), or (ii) one full month's Rental, whichever is greater, which additional security deposit shall be retained by Landlord and may be applied by Landlord in the manner provided in this Lease. (e) In the event that at any time during the term of this Lease any governmental law, rule or regulation prohibits or postpones in whole or in part any increase in the Rental or in the payment of other sums payable by Tenant hereunder to be made pursuant to this Lease, then, and in either of such events, such increase or payment shall be made to the maximum extent permissible by law at the time provided in this Lease, and/or at any time or times thereafter such increase or payment, or any portion thereof, may lawfully be made and any such increase in Rental, or any portion thereof, or the sums payable hereunder, or portions thereof, the payment of which has been so prohibited or postponed, shall thereafter become due and payable to the maximum extent and at the earliest time or times permitted by law.

Annual Basic Rent. (a) Tenant agrees to pay Landlord the as Annual Basic Rent for the Premises shown the Annual Basic Rent designated in Item 6 of the Subparagraph 1(q) (subject to adjustment as hereinafter provided) in twelve (12) equal monthly installments ("Monthly Basic Lease ProvisionsRent"), payable each in advance on the first day of each and every calendar month during said term, except that the Termfirst month's rent shall be paid upon the execution hereof. If In the event the term of this Lease commences or ends on a day other than the first day of a calendar month, then the Rental rental for such period periods shall be prorated in the proportion that the number of days this Lease is in effect during such period periods bears to thirty (30), and such rental shall be paid at the commencement of such periods. In addition to the said Annual Basic Rent, Tenant agrees to pay as additional Rental the amount of Rental the rental adjustments as and other charges required by when hereinafter provided in this Lease. All Rental Said Annual Basic Rent, additional rent, and rental adjustments shall be paid to Landlord, without any prior demand therefor and without any deduction or offset, offset whatsoever in lawful money of the United States of America, which shall be legal tender at the time of payment, at the address of Landlord designated in the Basic Lease Provisions Subparagraph 1(b) or to such other person or at such other place as Landlord may from time to time designate in writing. No demandFurther, notice or invoice all charges to be paid by Tenant under, including, without limitation, payments for real property taxes, insurance. repairs, and parking shall be requiredconsidered additional rent for the purposes of this Lease, and the word 'rent' in this Lease shall include such additional rent unless the context specifically or clearly implies that only the Annual Basic Rent is referenced. (b) The Rental payable by Tenant shall be increased for each year of the term of this Lease by adjusting the Annual Basic Rent reserved in Section 3(a) to reflect any increase in the cost of livingRENT ESCALATION. See Page 18, which adjustment shall be determined as follows: On each Adjustment Date the most recently published Index figure shall be determined (the "Comparison IndexADJUSTED BASIC RENT"). The monthly Rental payable for the succeeding year of the Lease Term shall be the Annual Basic Rent reserved under Section 3(a) increased by the same percentage, if any, by which the Comparison Index figure shall have increased over the Consumer Price Index figure for the month which is the most recently published prior to the Commencement Date; provided, however, that the increase in Annual Basic Rent shall in no event be less than two percent (2%) per annum nor more than six percent (6%) per annum (pro-rated as required to account for any partial year between the Commencement Date and the Adjustment Date). (c) Tenant hereby acknowledges that the late payment by Tenant to Landlord of Rental and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Building. Accordingly, if any installment of Rental or any other sum due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the due date, then the unpaid amounts shall bear interest at the rate of one and one-half percent (1-1/2%) per month from the date due to the date of payment (the "Late Charge"). The parties agree that such late charge represents a fair and reasonable estimate of the cost Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. (d) In the event of any two consecutive late payments of Rental within any twelve (12) month period, Landlord shall have the option (i) to require that beginning with the first payment of Rental next due, Rental shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance, and also to require that Tenant increase the amount, if any, of the security deposit required under this Lease by: (i) one hundred percent (100%), or (ii) one full month's Rental, whichever is greater, which additional security deposit shall be retained by Landlord and may be applied by Landlord in the manner provided in this Lease. (e) In the event that at any time during the term of this Lease any governmental law, rule or regulation prohibits or postpones in whole or in part any increase in the Rental or in the payment of other sums payable by Tenant hereunder to be made pursuant to this Lease, then, and in either of such events, such increase or payment shall be made to the maximum extent permissible by law at the time provided in this Lease, and/or at any time or times thereafter such increase or payment, or any portion thereof, may lawfully be made and any such increase in Rental, or any portion thereof, or the sums payable hereunder, or portions thereof, the payment of which has been so prohibited or postponed, shall thereafter become due and payable to the maximum extent and at the earliest time or times permitted by law.

Annual Basic Rent. (a) a. Tenant agrees to pay Landlord the as Annual Basic Rent for the Premises shown the Annual Basic Rent designated in Item 6 of the Basic Lease ProvisionsSubparagraph l.k. (subject to adjustment as hereinafter provided) in twelve (12) equal monthly installments, payable each in advance on the first day of each and every calendar month during the Term, except that the first month's Rent shall be paid upon execution hereof. If Landlord shall consider the term payment of Annual Basic Rent to be in arrears if it has not been received on or before the fifth (5th) day of each month. In the event the Term of this Lease commences or ends on a day other than the first or last day of a calendar month, then the Rental Rent for such period shall be prorated in the proportion that the number of days this Lease is in effect during such period periods bears to thirty (30), and such Rent shall be paid at the commencement of such period. In addition to the Annual Basic Rent, Tenant agrees to pay as additional Rental the amount of the Rental adjustments Adjustments as and other charges required by when hereinafter provided in this Lease. All Rental Said rental shall be paid to Landlord, without any prior demand therefor and without any deduction or offset, offset whatsoever in lawful money of the United States of America, which shall be legal tender at the time of payment, at the address of Landlord designated in the Basic Lease Provisions Subparagraph 1.b. or to such other person or at such other place as Landlord may from time to time designate in writing. No Tenant agrees to pay as Additional Rent to Landlord, upon demand, notice Tenant's percentage of any parking charges, utility surcharges, or invoice any other costs levied, assessed or imposed by, or at the direction of, or resulting from statutes or regulations, or interpretations hereof, promulgated by any federal, state, regional, municipal or local governmental authority in connection with the use or occupancy of the Building or the Premises or the parking facilities serving the Building or the Premises. Further, all charges to be paid by Tenant hereunder, including, without limitation, payments for real property taxes, insurance and repairs, shall be required. (b) The Rental payable by Tenant shall be increased considered Additional Rent for each year of the term purposes of this Lease, and the word "Rent" in this Lease by adjusting shall include such Additional Rent unless the context specifically or clearly implies that only the Annual Basic Rent reserved in Section 3(a) to reflect any increase in the cost of living, which adjustment shall be determined as follows: On each Adjustment Date the most recently published Index figure shall be determined (the "Comparison Index"). The monthly Rental payable for the succeeding year of the Lease Term shall be the Annual Basic Rent reserved under Section 3(a) increased by the same percentage, if any, by which the Comparison Index figure shall have increased over the Consumer Price Index figure for the month which is the most recently published prior to the Commencement Date; provided, however, that the increase in Annual Basic Rent shall in no event be less than two percent (2%) per annum nor more than six percent (6%) per annum (pro-rated as required to account for any partial year between the Commencement Date and the Adjustment Date)referenced. (c) Tenant hereby acknowledges that the late payment by Tenant to Landlord of Rental and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Building. Accordingly, if any installment of Rental or any other sum due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the due date, then the unpaid amounts shall bear interest at the rate of one and one-half percent (1-1/2%) per month from the date due to the date of payment (the "Late Charge"). The parties agree that such late charge represents a fair and reasonable estimate of the cost Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. (d) In the event of any two consecutive late payments of Rental within any twelve (12) month period, Landlord shall have the option (i) to require that beginning with the first payment of Rental next due, Rental shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance, and also to require that Tenant increase the amount, if any, of the security deposit required under this Lease by: (i) one hundred percent (100%), or (ii) one full month's Rental, whichever is greater, which additional security deposit shall be retained by Landlord and may be applied by Landlord in the manner provided in this Lease. (e) In the event that at any time during the term of this Lease any governmental law, rule or regulation prohibits or postpones in whole or in part any increase in the Rental or in the payment of other sums payable by Tenant hereunder to be made pursuant to this Lease, then, and in either of such events, such increase or payment shall be made to the maximum extent permissible by law at the time provided in this Lease, and/or at any time or times thereafter such increase or payment, or any portion thereof, may lawfully be made and any such increase in Rental, or any portion thereof, or the sums payable hereunder, or portions thereof, the payment of which has been so prohibited or postponed, shall thereafter become due and payable to the maximum extent and at the earliest time or times permitted by law.

Annual Basic Rent. (a) Tenant agrees to pay Landlord the as Annual Basic Rent for the Premises shown the Annual Basic Rent designated in Item 6 of the Subparagraph 1(q) (subject to adjustment as hereinafter provided) in twelve (12) equal monthly installments ("Monthly Basic Lease ProvisionsRent"), payable each in advance on of the first day of each and every calendar month during said term, except that the Termfirst month's rent shall be paid upon the execution hereof. If In the event the term of this Lease commences or ends on a day other than the first day of a calendar month, then the Rental rental for such period periods shall be prorated in the proportion that the number of days this Lease is in effect during such period periods bears to thirty (30), and such rental shall be paid at the commencement of such periods. In addition to the said Annual Basic Rent, Tenant agrees to pay as additional Rental the amount of Rental the rental adjustments as and other charges required by when hereinafter provided in this Lease. All Rental Said Annual Basic Rent, additional rent, and rental adjustments shall be paid to Landlord, without any prior demand therefor and without any deduction or offset, offset whatsoever in lawful money of the United States of America, which shall be legal tender at the time of payment, at the address of Landlord designated in the Basic Lease Provisions Subparagraph 1(B) or to such other person or at such other place as Landlord may from time to time designate in writing. No demandFurther, notice or invoice all charges to be paid by Tenant hereunder, including, without limitation, payments for real property taxes, insurance, repairs, and parking shall be required. (b) The Rental payable by Tenant shall be increased considered additional rent for each year of the term purposes of this Lease, and the word "rent" in the Lease by adjusting shall include such additional rent unless the context specifically or clearly implies that only the Annual Basic Rent reserved in Section 3(a) to reflect any increase in the cost of living, which adjustment shall be determined as follows: On each Adjustment Date the most recently published Index figure shall be determined (the "Comparison Index"). The monthly Rental payable for the succeeding year of the Lease Term shall be the Annual Basic Rent reserved under Section 3(a) increased by the same percentage, if any, by which the Comparison Index figure shall have increased over the Consumer Price Index figure for the month which is the most recently published prior to the Commencement Date; provided, however, that the increase in Annual Basic Rent shall in no event be less than two percent (2%) per annum nor more than six percent (6%) per annum (pro-rated as required to account for any partial year between the Commencement Date and the Adjustment Date)referenced. (c) Tenant hereby acknowledges that the late payment by Tenant to Landlord of Rental and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Building. Accordingly, if any installment of Rental or any other sum due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the due date, then the unpaid amounts shall bear interest at the rate of one and one-half percent (1-1/2%) per month from the date due to the date of payment (the "Late Charge"). The parties agree that such late charge represents a fair and reasonable estimate of the cost Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. (d) In the event of any two consecutive late payments of Rental within any twelve (12) month period, Landlord shall have the option (i) to require that beginning with the first payment of Rental next due, Rental shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance, and also to require that Tenant increase the amount, if any, of the security deposit required under this Lease by: (i) one hundred percent (100%), or (ii) one full month's Rental, whichever is greater, which additional security deposit shall be retained by Landlord and may be applied by Landlord in the manner provided in this Lease. (e) In the event that at any time during the term of this Lease any governmental law, rule or regulation prohibits or postpones in whole or in part any increase in the Rental or in the payment of other sums payable by Tenant hereunder to be made pursuant to this Lease, then, and in either of such events, such increase or payment shall be made to the maximum extent permissible by law at the time provided in this Lease, and/or at any time or times thereafter such increase or payment, or any portion thereof, may lawfully be made and any such increase in Rental, or any portion thereof, or the sums payable hereunder, or portions thereof, the payment of which has been so prohibited or postponed, shall thereafter become due and payable to the maximum extent and at the earliest time or times permitted by law.

Annual Basic Rent. (a) Tenant 4.1 Lessee agrees to pay Landlord the Lessor as Annual Basic Rent for the Premises shown the Annual Basic Rent designated in Item 6 of the Basic Lease ProvisionsParagraph 1 (subject to adjustment as hereinafter provided) in twelve (12) equal monthly installments, payable each WITHOUT OFFSET, NOTICE OR DEMAND AND WITHOUT GRACE, in advance on the first day of each and every calendar month during said term, received at Lessor's office no later than said first day of each calendar month. The first month's rent shall be paid upon the Termexecution hereof. If Rent payable for any period of less than one calendar month installment shall be a pro rata portion of the term of this Lease commences or ends amount payable based on a thirty (30) day calendar month. The first rental installment payment shall be the sum of the first full month rental installment plus the pro rata portion of the first partial month if Lease Commencement is any day other than the first day of a calendar the month, then the Rental for such period shall be prorated in the proportion that the number of days this Lease is in effect during such period bears to thirty (30). In addition to the Annual Basic Rent, Tenant Lessee agrees to pay as additional Rental the amount of Rental the rental adjustments as and other charges required by when hereinafter provided in this Lease. All Rental rental shall be paid to LandlordLessor, without any prior demand therefore and without any and deduction or offsetoffset whatsoever, in the lawful money of the United States of America, which shall be legal tender at the time of payment, at the address of Landlord Lessor designated in the Basic Lease Provisions Paragraph 1 or to such other person or at such other place as Landlord Lessor may from time to time designate in writing. No Lessee agrees to pay as additional rent to Lessor, upon demand, notice Lessee's percentage of any parking charges, utilities surcharges, or invoice any other costs levied, assessed or imposed by, or at the direction of, or resulting from statutes or regulations, or interpretations hereof, promulgated by any federal, state, regional, municipal or local governmental authority in connection with the use or occupancy of the Building or the Premises or the parking facilities serving the Building or the Premises. Further, all charges to be paid by Lessee hereunder, including, without limitation, payments for real property taxes, assessments, insurance, repairs, operation, management, or other adjustments or charges provided herein, shall be requiredconsidered additional rent for the purposes of the Lease, and the word "rent" in this Lease shall include such additional rent unless the context specifically or clearly implies that only the Annual Basic Rent is referenced. (b) 4.2 The Rental payable by Tenant Annual Basic Rent as set forth hereinabove shall be increased for each year ("Subsequent Year") of the term of this Lease following the first year if the Consumer Price Index for All Urban consumers (Seattle-Everett, Washington; Base: 1967-100) ("Index"), as published by adjusting the United States Department of Labor, Bureau of Labor Statistics, for the "Comparison Month" (described below) increases over the Index for the calendar month ("Base Month") which is four (4) months prior to the month in which the Effective Date hereof occurs. The Base Month Index shall be compared with the Index for the same calendar month for each Subsequent Year ("Comparison Month"). If the Index for any Comparison Month is higher than the Base Month Index, then the Annual Basic Rent reserved in Section 3(a) to reflect any increase in for the cost of living, which adjustment Subsequent Year following the Comparison Month shall be determined as follows: On each Adjustment Date calculated by dividing the most recently published Base Month Index figure into that number which represents the difference, if any, when subtracting the Base Month Index from the Index for any Comparison Month. In no event shall be determined (the "Comparison Index"). The monthly Rental payable for the succeeding year of the Lease Term shall be the Annual Basic Rent reserved under Section 3(a) increased by be less than that set forth in Paragraph 4.1 above. If the same percentageescalations are to be annualized but are not implemented each year, there shall be an imputed increase each year per the terms of the formula, subject to its stated maximum and minimum increase, which shall be the amount upon which the escalation for the next ensuing year shall be calculated. In way of illustration only, if anythe Effective Date occurs in August of 1981, by which then the Comparison Base Month Index figure would be that for April, 1981 (assume such index at 130) and that Index shall have increased over be compared with the Consumer Price Index figure for April, 1982 (assume such Index at 136). Because the month which Index for April, 1982 is four and six-tenths percent (4.6%) higher than the most recently published prior to Index for April, 1981 based on the Commencement Date; providedassumptions of 136 and 130, howeverrespectively, that the increase in Annual Basic Rent commencing in August of 1982 would be four and six- tenths percent (4.6%) higher than the Annual Basic Rent for the first twelve months of the Lease Term. Likewise the Index for April, 1983 would be compared with the Index for April, 1981. Should said Bureau discontinue the publication of the above Index or publish the same less frequently, or alter the same in some other manner, the Lessor shall in adopt a substitute Index or substitute procedure which reasonably reflects and monitors consumer prices. In no event shall the annualized escalation exceed 7%, nor shall they be less than two percent (23.5%) per annum nor more than six percent (6%) per annum (pro-rated as required to account for any partial year between the Commencement Date and the Adjustment Date). (c) Tenant hereby acknowledges that the late payment by Tenant to Landlord of Rental and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Building. Accordingly, if any installment of Rental or any other sum due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the due date, then the unpaid amounts shall bear interest at the rate of one and one-half percent (1-1/2%) per month from the date due to the date of payment (the "Late Charge"). The parties agree that such late charge represents a fair and reasonable estimate of the cost Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. (d) In the event of any two consecutive late payments of Rental within any twelve (12) month period, Landlord shall have the option (i) to require that beginning with the first payment of Rental next due, Rental shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance, and also to require that Tenant increase the amount, if any, of the security deposit required under this Lease by: (i) one hundred percent (100%), or (ii) one full month's Rental, whichever is greater, which additional security deposit shall be retained by Landlord and may be applied by Landlord in the manner provided in this Lease. (e) In the event that at any time during the term of this Lease any governmental law, rule or regulation prohibits or postpones in whole or in part any increase in the Rental or in the payment of other sums payable by Tenant hereunder to be made pursuant to this Lease, then, and in either of such events, such increase or payment shall be made to the maximum extent permissible by law at the time provided in this Lease, and/or at any time or times thereafter such increase or payment, or any portion thereof, may lawfully be made and any such increase in Rental, or any portion thereof, or the sums payable hereunder, or portions thereof, the payment of which has been so prohibited or postponed, shall thereafter become due and payable to the maximum extent and at the earliest time or times permitted by law.

Annual Basic Rent. (a) Tenant ▇▇▇▇▇▇ agrees to pay Landlord the as Annual Basic Rent for the Premises shown the Annual Basic Rent designated in Item 6 of the Basic Lease ProvisionsParagraph I (subject to adjustment as hereinafter provided) in twelve (12) equal monthly installments, payable each in advance on the first day of each and every calendar month during the Term, except that the first month’s rent shall be paid upon the execution hereof. If In the term event the Term of this Lease commences or ends on a day other than the first day of a calendar month, then the Rental rental for such period periods shall be prorated in the proportion that the number of days this Lease is in effect during such period periods bears to thirty (30), and such rental shall be paid at the commencement of such periods. In addition to said Annual Basic Rent. ▇▇▇▇▇▇ agrees to pay the amount of the rental adjustments as and when hereinafter provided in this Lease. Said Annual Basic Rent, Tenant agrees to pay rental adjustments and amounts designated as additional Rental the amount of Rental adjustments and other charges required by this Lease. All Rental rent hereunder shall be paid to Landlord, without any prior demand therefore and without any deduction or offset, offset whatsoever in lawful money of the United States of America, which shall be legal tender at the time of payment, at the address of Landlord designated in the Basic Lease Provisions Paragraph I or to such other person or at such other place as Landlord may from time to time designate in writing. No demandAll charges to be paid by Tenant hereunder, notice or invoice including, without limitation, payments for real property taxes, insurance, repairs and parking (if any) shall be requiredconsidered additional rent for the purposes of this Lease, and the word “rent” in this Lease shall include such additional rent unless the context specifically or clearly implies that only the Annual Basic Rent is referenced. (b) The Rental payable by Tenant Annual Basic Rent shall be increased for each year effective the first day of the term thirty-first (31) month of the Term of this Lease and every thirty (30) months thereafter (Adjustment Date) in accordance with percentage increases, if any, in the Consumer Price Index S.F. – OAKLAND - SAN ▇▇▇▇ Base Dec. 1977-100 Index”), as published by adjusting the United States Department of Labor. Bureau of Labor Statistics. The Index for each Adjustment Date during the term at the Lease shall be compared with the Index for the preceding Adjustment Date and the Annual Basic Rent reserved then in Section 3(a) to reflect any increase in the cost of living, which adjustment effect shall be determined as follows: On each increased in accordance with the percentage increase, if any, between such Adjustment Date Indexes. In no event shall the most recently published Index figure shall Annual Basic Rent, as adjusted, be determined (the "Comparison Index"). The monthly Rental payable for the succeeding year of the Lease Term shall be less than the Annual Basic Rent reserved under Section 3(a) increased by the same percentage, if any, by which the Comparison Index figure shall have increased over the Consumer Price Index figure for the month which is the most recently published in effect immediately prior to the Commencement Date; provided, however, that the increase in Annual Basic Rent shall in no event be less than two percent (2%) per annum nor more than six percent (6%) per annum (pro-rated as required to account for any partial year between the Commencement Date and the Adjustment Date). (c) Tenant hereby acknowledges that the late payment by Tenant to Landlord of Rental and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Building. Accordingly, if any installment of Rental or any other sum due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the due date, then the unpaid amounts shall bear interest at the rate of one and one-half percent (1-1/2%) per month from the date due to the date of payment (the "Late Charge"). The parties agree that such late charge represents a fair and reasonable estimate of the cost Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. (d) In the event of any two consecutive late payments of Rental within any twelve (12) month periodadjustment, Landlord shall have the option (i) to require that beginning with the first payment calculate and give Tenant written notice of Rental next due, Rental shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance, and also to require that Tenant increase the amount, if any, of the security deposit required under this Lease by: (i) one hundred percent (100%), or (ii) one full month's Rental, whichever is greater, which additional security deposit shall be retained by Landlord and may be applied by Landlord in the manner provided in this Lease. (e) In the event that at any time during the term of this Lease any governmental law, rule or regulation prohibits or postpones in whole or in part any increase in the Rental or in the payment of other sums payable by Tenant hereunder to be made pursuant to this Lease, then, and in either of such events, such increase or payment shall be made to the maximum extent permissible by law at the time provided in this Lease, and/or at any time or times thereafter such increase or payment, or any portion thereof, may lawfully be made and any such increase in Rentalthe Annual Basic Rent and Tenant shall pay the increased Annual Basic Rent. Should the Bureau discontinue the publication of the index, or any portion thereofpublish the same less frequently, or alter the sums payable hereunder, or portions thereofsame in some other manner, the payment of parties shall adopt a substitute index or procedure which has been so prohibited or postponed, shall thereafter become due reasonably reflects and payable to the maximum extent and at the earliest time or times permitted by lawmonitors consumer prices.

Annual Basic Rent. (a) Tenant agrees to pay Landlord as annual basic rent ("Annual Basic Rent") for the premises the sum of See Basic Lease Information for detail (subject to adjustment as hereinafter provided). Annual Basic Rent for the Premises shown shall be paid in Item 6 equal monthly installments of the See Basic Lease Provisions, payable Information for detail each in advance on the first day of each and every calendar month during the TermTerm of this Lease, except that the first month's rent shall be paid upon the execution hereof. If the term Term of this Lease commences or ends on a day other than the first day of a calendar month, then the Rental rental for such period periods shall be prorated in the proportion that the number of days this Lease is in effect during such period bears to thirty (30), and such rental shall be paid at the commencement of such periods. In addition to the Annual Basic Rent, Tenant agrees to pay as additional Rental the amount of Rental adjustments the increases in direct expenses as and other charges required by when hereinafter provided in this Lease. All Rental rental shall be paid to Landlord, without prior demand and without any deduction or offset, in lawful money of the United States of America, which shall be legal tender at the address time of payment, at the office of Landlord designated in the Basic Lease Provisions or to such other person or persons or at such other place as places of Landlord may from time to time designate in writing. No demand, notice or invoice shall be required. (b) The Rental payable by Tenant shall be increased for each year of the term of this Lease by adjusting the Annual Basic Rent reserved in Section 3(a) to reflect any increase in the cost of living, which adjustment shall be determined as follows: On each Adjustment Date the most recently published Index figure shall be determined (the "Comparison Index"). The monthly Rental payable for the succeeding year of the Lease Term shall be the Annual Basic Rent reserved under Section 3(a) increased by the same percentage, if any, by which the Comparison Index figure shall have increased over the Consumer Price Index figure for the month which is the most recently published prior to the Commencement Date; provided, however, that the increase in Annual Basic Rent shall in no event be less than two percent (2%) per annum nor more than six percent (6%) per annum (pro-rated as required to account for any partial year between the Commencement Date and the Adjustment Date). (c) Tenant hereby acknowledges that the late payment by Tenant to Landlord of Rental and rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will would be extremely difficult and impractical to ascertain. Such costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the BuildingPremises. AccordinglyTherefore, if any Tenant should fail to pay an installment of Rental or any other sum due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the due date, then the unpaid amounts shall bear interest at the rate of one and one-half percent (1-1/2%) per month from the date due to the date of payment (the "Late Charge"). The parties agree that such late charge represents a fair and reasonable estimate of the cost Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. (d) In the event of any two consecutive late payments of Rental within any twelve (12) month period, Landlord shall have the option (i) to require that beginning with the first payment of Rental next due, Rental shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance, and also to require that Tenant increase the amount, if any, of the security deposit required under this Lease by: (i) one hundred percent (100%), or (ii) one full month's Rental, whichever is greater, which additional security deposit shall be retained by Landlord and may be applied by Landlord in the manner provided in this Lease. (e) In the event that at any time during the term of this Lease any governmental law, rule or regulation prohibits or postpones in whole or in part any increase in the Rental or in the payment of other sums payable by Tenant hereunder to be made pursuant to this Lease, then, and in either of such events, such increase or payment shall be made to the maximum extent permissible by law at the time provided in this Lease, and/or at any time or times thereafter such increase or payment, or any portion thereof, may lawfully be made and any such increase in Rental, or any portion thereof, or the sums payable hereunder, or portions thereof, the payment of which has been so prohibited or postponed, shall thereafter become due and payable to the maximum extent and at the earliest time or times permitted by law.rent or

Annual Basic Rent. (a) Tenant agrees to pay Landlord the as Annual Basic Rent for the Premises as shown in Item 6 of the Basic Lease Provisions, Provisions payable in advance on the first day of each calendar month during the Termterm, except that the first month's rent shall be paid upon the execution hereof. If the term of this Lease commences or ends on a day other than the first day of a calendar month, then the Rental rental for such period shall be prorated in the proportion that the number of days this Lease is in effect during such period bears to thirty (30). In addition to the Annual Basic Rent, Tenant agrees to pay as additional Rental rental its pro rata share of the amount of Rental rental adjustments and other charges required by this Lease. All Rental rental shall be paid to Landlord, without prior demand and without any deduction or offset, in lawful money of the United States of America, at the address of Landlord designated in the Basic Lease Provisions provisions of this Lease, or to such other person or at such other place as Landlord may from time to time designate in writing. No demand, notice or invoice shall be required. (b) The Rental rental payable by Tenant shall be increased for as of the commencement of each year of during the term of this Lease by adjusting the Annual Basic Rent reserved in Section 3(a) to reflect any increase in the cost of living, which adjustment shall be determined as follows: On each Adjustment Date the most recently published Index figure shall be determined Year 1 $0.00 psf/mo (the "Comparison Index"). The monthly Rental payable for the succeeding year of the Lease Term shall be the Annual Basic Rent reserved under Section 3(amonths 1 to 3) increased by the same percentage, if any, by which the Comparison Index figure shall have increased over the Consumer Price Index figure for the month which is the most recently published prior Year l $2.15 psf/mo (months 4 to the Commencement Date; provided, however, that the increase in Annual Basic Rent shall in no event be less than two percent (2%12) per annum nor more than six percent (6%) per annum (pro-rated as required to account for any partial year between the Commencement Date and the Adjustment Date).Year 2 $2.23 psf/mo Year 3 $2.30 psf/mo Year 4 $2.38 psf/mo Year 5 $2.47 psf/mo (c) Tenant hereby acknowledges that the late payment by Tenant to Landlord of Rental rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the BuildingPremises. Accordingly, if any installment of Rental rent or any other sum due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the due date, then Tenant shall pay to Landlord, in addition to any interest required to be paid by this Lease, a late charge in the unpaid amounts shall bear interest at the rate amount of one and one-half ten percent (1-1/210%) per month from of the date due to the date delinquent installment of payment (the "Late Charge")rent. The parties agree that such late charge represents a fair and reasonable estimate of the cost Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. (d) In the event of any two consecutive late payments of Rental within any twelve (12) month period, Landlord shall have the option (i) to require that beginning with the first payment of Rental next due, Rental shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance, and also to require that Tenant increase the amount, if any, of the security deposit required under this Lease by: (i) one hundred percent (100%), or (ii) one full month's Rental, whichever is greater, which additional security deposit shall be retained by Landlord and may be applied by Landlord in the manner provided in this Lease. (e) In the event that at any time during the term of this Lease Lease, any governmental law, rule or regulation prohibits or postpones in whole or in part any increase in the Rental rent or in the payment of other sums payable by Tenant hereunder to be made pursuant to this Lease, then, and in either of such events, such increase or payment shall be made to the maximum extent permissible by law at the time provided in this Lease, and/or at any time or times thereafter such increase or payment, or any portion thereof, may lawfully be made and any such increase in Rentalrent, or any portion thereof, or the other sums payable hereunder, or portions thereof, the payment of which has been so prohibited or postponed, shall thereafter become due and payable to the maximum extent and at the earliest time or times permitted by law.

Annual Basic Rent. (a) Tenant agrees to pay Landlord throughout the Lease Term the Annual Basic Rent for the Premises shown set forth in Item 6 of the Basic Lease ProvisionsInformation and Definitions, as the same may be increased pursuant to this Lease. Tenant’s obligation to pay rent shall begin on the Commencement Date and shall continue until all rent due for the Lease Term has been paid. The Annual Basic Rent shall be payable in twelve (12) equal monthly installments (“Monthly Basic Rent”) without prior demand therefor, in advance on or before the first day of each calendar month during at the Termaddress for Landlord designated in the Basic Lease Information and Definitions or to such other address as Landlord may from time to time designate in writing. If the term of this Lease Term commences or ends on a day other than the first day of a calendar month, then the Rental Monthly Basic Rent for such period month shall be prorated in one thirtieth (1/30) of the proportion that then applicable Monthly Basic Rent multiplied by the number of days this Lease is in effect during such period bears to thirty month. The parties hereto agree and understand that all charges (30). In addition to the Annual other than Monthly Basic Rent) to be paid by Tenant hereunder, including, without limitation, Excess Expenses (as defined in Article 4), parking fees and charges (including parking occupancy tax or similar tax) payable pursuant to Article 51, late charges, interest and any other charges, reimbursements or payments to Landlord contemplated hereunder shall be considered additional rent (“Additional Rent”) for purposes of this Lease; the term “Rent” shall include the Monthly Basic Rent, plus any Additional Rent which Tenant shall become obligated to pay hereunder. All Rent shall be paid to Landlord in lawful and immediate United States Dollars in the form of check, drawn on a bank located in the State of California, or Monthly Basic Rent may be paid via automated debiting system (as provided below) as directed by Landlord, without any offset, abatement, deduction, notice or demand whatsoever, except as otherwise expressly set forth in this Lease. As a material part of the consideration for this Lease, Tenant agrees to pay as additional Rental Landlord one full month of Monthly Basic Rent upon its execution hereof, which shall be applied against the amount of Rental adjustments and other charges required by initial Rent due under this Lease. All Rental shall be paid obligations of Tenant to Landlord, without prior demand and without any deduction or offset, in lawful money of the United States of America, at the address of Landlord designated in the Basic Lease Provisions or to such other person or at such other place as Landlord may from time to time designate in writing. No demand, notice or invoice shall be required. (b) The Rental payable by Tenant shall be increased for each year of the term of pay Rent under this Lease by adjusting the Annual Basic Rent reserved in Section 3(a) for or attributable to reflect any increase in the cost of living, which adjustment shall be determined as follows: On each Adjustment Date the most recently published Index figure shall be determined (the "Comparison Index"). The monthly Rental payable for the succeeding year of the Lease Term shall be survive the Annual Basic Rent reserved under Section 3(a) increased by the same percentage, if any, by which the Comparison Index figure shall have increased over the Consumer Price Index figure for the month which is the most recently published prior to the Commencement Date; provided, however, that the increase in Annual Basic Rent shall in no event be less than two percent (2%) per annum nor more than six percent (6%) per annum (pro-rated as required to account for any partial year between the Commencement Date and the Adjustment Date). (c) Tenant hereby acknowledges that the late payment by Tenant to Landlord expiration or earlier termination of Rental and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Building. Accordingly, if any installment of Rental or any other sum due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the due date, then the unpaid amounts shall bear interest at the rate of one and one-half percent (1-1/2%) per month from the date due to the date of payment (the "Late Charge"). The parties agree that such late charge represents a fair and reasonable estimate of the cost Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. (d) In the event of any two consecutive late payments of Rental within any twelve (12) month period, Landlord shall have the option (i) to require that beginning with the first payment of Rental next due, Rental shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance, and also to require that Tenant increase the amount, if any, of the security deposit required under this Lease by: (i) one hundred percent (100%), or (ii) one full month's Rental, whichever is greater, which additional security deposit shall be retained by Landlord and may be applied by Landlord in the manner provided in this Lease. (e) In the event that at any time during the term of this Lease any governmental law, rule or regulation prohibits or postpones in whole or in part any increase in the Rental or in the payment of other sums payable by Tenant hereunder to be made pursuant to this Lease, then, and in either of such events, such increase or payment shall be made to the maximum extent permissible by law at the time provided in this Lease, and/or at any time or times thereafter such increase or payment, or any portion thereof, may lawfully be made and any such increase in Rental, or any portion thereof, or the sums payable hereunder, or portions thereof, the payment of which has been so prohibited or postponed, shall thereafter become due and payable to the maximum extent and at the earliest time or times permitted by law.

Annual Basic Rent. (a) Tenant agrees to shall pay Landlord as consideration for the use and enjoyment of the Premises the Annual Basic Rent designated in Section 1(k) (subject to adjustment as hereinafter provided and except for the Premises shown months when Annual Basic Rent is abated) in Item 6 of twelve (12) equal monthly installments, except as may be specified to the Basic Lease Provisionscontrary in Subsection 1(k), payable each in advance on the first day of each calendar month during the TermTerm commencing on the Commencement Date. If the term Term of this Lease commences or ends on a day other than the first day of a calendar month or ends on a day other than the last day of a calendar month, then the Rental Rent for such period shall be prorated in on the proportion that the number basis of days this Lease is in effect during such period bears to a thirty (30)) day month. In addition to the Annual Basic Rent, Tenant agrees to pay as additional Rental Additional Rent the amount of Rental Rent adjustments and other charges required by this Lease. Other charges to be paid by Tenant hereunder, including, without limitation, payments for Operating Expenses, Real Property Taxes, insurance, and repairs, shall be considered "Additional Rent" for purposes of this Lease. The term "Rent" as used in this Lease shall mean Annual Basic Rent and Additional Rent and all other amounts payable by Tenant pursuant to this Lease. When no other time is stated herein for payment, payment of any amount due from Tenant to Landlord hereunder shall be made within thirty (30) days after Tenant's receipt of Landlord's invoice or statement therefor and all other payments are to be made prior to delinquency. All Rental Rent shall be paid to Landlord, without prior demand and without any deduction or offset, offset (except as otherwise provided in Section 24(g) of this Lease and Section 6.2 of the Work Letter) in lawful money of the United States of America, at the address of Landlord designated in the Basic Lease Provisions Section 1(b) hereof or to such other person or at such other place as Landlord may from time to time designate in writing. No demand, notice or invoice shall be required. (b) The Rental payable If Tenant fails to pay any installment of Rent or any other payment for which Tenant is obligated under this Lease when due, Tenant shall pay to Landlord any interest assessed on account of such late payment and if such late payment was to be paid to Landlord, such late amount shall accrue interest as Additional Rent on such delinquent amount at the lesser of the then prevailing prime rate of Bank of America, or if not available, a similar financial institution ("Prime Rate") plus three (3) percentage points or the maximum rate permitted by law (the “Interest Rate”) from the date such amount became due until such amount is paid (if such payment was due to a third party other than Landlord, Tenant shall be increased liable to pay for each year of the term of this Lease by adjusting the Annual Basic Rent reserved in Section 3(a) to reflect any increase in the cost of living, which adjustment shall be determined as follows: On each Adjustment Date the most recently published Index figure shall be determined (the "Comparison Index"late charge or interest assessed). The monthly Rental payable for the succeeding year of the Lease Term shall be the Annual Basic Rent reserved under Section 3(a) increased by the same percentageTHE PARTIES AGREE THAT A LATE PAYMENT MAY CAUSE LANDLORD TO INCUR COSTS AND OTHER DAMAGE, if any, by which the Comparison Index figure shall have increased over the Consumer Price Index figure for the month which is the most recently published prior to the Commencement Date; provided, however, that the increase in Annual Basic Rent shall in no event be less than two percent (2%) per annum nor more than six percent (6%) per annum (pro-rated as required to account for any partial year between the Commencement Date and the Adjustment Date). (c) Tenant hereby acknowledges that the late payment by Tenant to Landlord of Rental and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Building. Accordingly, if any installment of Rental or any other sum due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the due date, then the unpaid amounts shall bear interest at the rate of one and one-half percent (1-1/2%) per month from the date due to the date of payment (the "Late Charge"). The parties agree that such late charge represents a fair and reasonable estimate of the cost Landlord will incur by reason of late payment by TenantTHE EXACT AMOUNT OF WHICH WOULD BE IMPRACTICABLE OR EXTREMELY DIFFICULT TO ASCERTAIN AND THAT SUCH INTEREST REPRESENTS A FAIR AND REASONABLE ESTIMATE OF THE DETRIMENT THAT LANDLORD WILL SUFFER BY REASON OF LATE PAYMENT BY TENANT. Acceptance of any such late charge by Landlord interest shall in no event not constitute a waiver of the Tenant's default Default with respect to such the overdue amount, nor or prevent Landlord from exercising any of the other rights and remedies granted hereunderavailable to Landlord hereunder or at law. (dc) In the event If any payment of any two consecutive late payments of Rental within any twelve (12) month periodrent made by check, draft or money order is returned to Landlord due to insufficient funds, or otherwise, Landlord shall have the option (i) to require that beginning with the first payment of Rental next dueright, Rental shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance, and also to require that Tenant increase the amount, if any, of the security deposit required under this Lease by: (i) one hundred percent (100%), or (ii) one full month's Rental, whichever is greater, which additional security deposit shall be retained by Landlord and may be applied by Landlord in the manner provided in this Lease. (e) In the event that at any time during the term thereafter, to require Tenant to make all subsequent payments of this Lease any governmental law, rule Rent by cashier's or regulation prohibits or postpones in whole or in part any increase in the Rental or in the certified check. Any payment of other sums payable by Tenant hereunder returned to be made pursuant to this Lease, then, and in either of such events, such increase or payment Landlord shall be made subject to the maximum extent permissible by law at the time provided in this Lease, and/or at any time or times thereafter such increase or payment, or any portion thereof, may lawfully be made and any such increase in Rental, or any portion thereof, or the sums payable hereunder, or portions thereof, the payment a handling charge of which has been so prohibited or postponed, shall thereafter become due and payable to the maximum extent and at the earliest time or times permitted by law$50.00.

Annual Basic Rent. (a) Tenant agrees to pay Landlord the as Annual Basic Rent for the Premises shown the Annual Basic Rent designated in Item 6 of Subparagraph 1(p) (subject to adjustment as hereinafter provided) in twelve (12) equal monthly installments ("Monthly Basic Rent"), each equal to the amount set forth in Subparagraph 1(p) as Monthly Basic Lease ProvisionsRent, payable and each in advance on the first day of each and every calendar month during the Termterm of this Lease, provided, however, that if the Commencement Date occurs on any date other than the first day of a month then Monthly Basic Rent for the partial month during which the Commencement Date occurs shall be paid on the Commencement Date. If In the event the term of this Lease commences or ends on a day other than the first day of a calendar month, then the Rental rental for such period periods shall be prorated in the proportion that the number of days this Lease is in effect during such period periods bears to thirty (30), and such rental shall be paid at the commencement of such periods. In addition to the said Annual Basic Rent, Tenant agrees to pay as additional Rental the amount of Rental the rental adjustments as and other charges required by when hereinafter provided in this Lease. All Rental Said Annual Basic Rent, any additional rent payable pursuant to the provisions of this Lease and any rental adjustments shall be paid to Landlord, without any prior demand therefor and without any deduction or offset, offset whatsoever in lawful money of the United States of America, which shall be legal tender at the time of payment, at the address of Landlord designated in the Basic Lease Provisions Subparagraph 1(b) or to such other person or at such other place as Landlord may from time to time designate in writing. No demandFurther, notice or invoice all charges to be paid by Tenant hereunder, including, without limitation, payments for real property taxes, insurance, repairs and parking shall be required. (b) The Rental payable by Tenant shall be increased considered additional rent for each year of the term purposes of this Lease, and the word "rent" in this Lease by adjusting shall include such additional rent unless the context specifically or clearly implies that only the Annual Basic Rent reserved in Section 3(a) to reflect any increase in the cost of living, which adjustment shall be determined as follows: On each Adjustment Date the most recently published Index figure shall be determined (the "Comparison Index"). The monthly Rental payable for the succeeding year of the Lease Term shall be the Annual Basic Rent reserved under Section 3(a) increased by the same percentage, if any, by which the Comparison Index figure shall have increased over the Consumer Price Index figure for the month which is the most recently published prior to the Commencement Date; provided, however, that the increase in Annual Basic Rent shall in no event be less than two percent (2%) per annum nor more than six percent (6%) per annum (pro-rated as required to account for any partial year between the Commencement Date and the Adjustment Date)referenced. (c) Tenant hereby acknowledges that the late payment by Tenant to Landlord of Rental and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Building. Accordingly, if any installment of Rental or any other sum due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the due date, then the unpaid amounts shall bear interest at the rate of one and one-half percent (1-1/2%) per month from the date due to the date of payment (the "Late Charge"). The parties agree that such late charge represents a fair and reasonable estimate of the cost Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. (d) In the event of any two consecutive late payments of Rental within any twelve (12) month period, Landlord shall have the option (i) to require that beginning with the first payment of Rental next due, Rental shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance, and also to require that Tenant increase the amount, if any, of the security deposit required under this Lease by: (i) one hundred percent (100%), or (ii) one full month's Rental, whichever is greater, which additional security deposit shall be retained by Landlord and may be applied by Landlord in the manner provided in this Lease. (e) In the event that at any time during the term of this Lease any governmental law, rule or regulation prohibits or postpones in whole or in part any increase in the Rental or in the payment of other sums payable by Tenant hereunder to be made pursuant to this Lease, then, and in either of such events, such increase or payment shall be made to the maximum extent permissible by law at the time provided in this Lease, and/or at any time or times thereafter such increase or payment, or any portion thereof, may lawfully be made and any such increase in Rental, or any portion thereof, or the sums payable hereunder, or portions thereof, the payment of which has been so prohibited or postponed, shall thereafter become due and payable to the maximum extent and at the earliest time or times permitted by law.

Annual Basic Rent. (a) Tenant agrees to pay Landlord the as Annual Basic Rent for the Premises shown the Annual Basic Rent designated in Item 6 of the Subparagraph 1(q) (subject to adjustment as hereinafter provided) in twelve (12) equal monthly installments ("Monthly Basic Lease ProvisionsRent"), payable each in advance on the first day of each and every calendar month during said Term, except that the Termfirst month's rent shall be paid upon the execution hereof. If In the event the term of this Lease commences or ends on a day other than the first day of a calendar month, . then the Rental rental for such period periods shall be prorated in the proportion that the number of days this Lease is in effect during such period periods bears to thirty (30), and such rental shall be paid at the commencement of such periods. In addition to the said Annual Basic Rent, Tenant agrees to pay as additional Rental the amount of Rental the rental adjustments as and other charges required by when hereinafter provided in this Lease. All Rental Said Annual Basic Rent. additional rent, and rental adjustments shall be paid to Landlord, without any prior demand therefor and without any deduction or offset, offset whatsoever in lawful money of the United States of America, which shall be legal tender at the time of payment, at the address of Landlord designated in the Basic Lease Provisions Subparagraph 1(b) or to such other person or at such other place as Landlord may from time to time designate in writing. No demandFurther, notice or invoice all charges to be paid by Tenant hereunder, including, without limitation, payments for real property taxes, insurance, repairs, and parking shall be required. (b) The Rental payable by Tenant shall be increased considered additional rent for each year of the term purposes of this Lease, and the word "rent" in this Lease by adjusting shall include such additional rent unless the context specifically or clearly implies that only the Annual Basic Rent reserved in Section 3(a) to reflect any increase in the cost of livingis referenced. See Page 19, which adjustment shall be determined as follows: On each Adjustment Date the most recently published Index figure shall be determined (the "Comparison IndexADJUSTED BASIC RENT"). The monthly Rental payable for the succeeding year of the Lease Term shall be the Annual Basic Rent reserved under Section 3(a) increased by the same percentage, if any, by which the Comparison Index figure shall have increased over the Consumer Price Index figure for the month which is the most recently published prior to the Commencement Date; provided, however, that the increase in Annual Basic Rent shall in no event be less than two percent (2%) per annum nor more than six percent (6%) per annum (pro-rated as required to account for any partial year between the Commencement Date and the Adjustment Date). (c) Tenant hereby acknowledges that the late payment by Tenant to Landlord of Rental and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Building. Accordingly, if any installment of Rental or any other sum due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the due date, then the unpaid amounts shall bear interest at the rate of one and one-half percent (1-1/2%) per month from the date due to the date of payment (the "Late Charge"). The parties agree that such late charge represents a fair and reasonable estimate of the cost Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. (d) In the event of any two consecutive late payments of Rental within any twelve (12) month period, Landlord shall have the option (i) to require that beginning with the first payment of Rental next due, Rental shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance, and also to require that Tenant increase the amount, if any, of the security deposit required under this Lease by: (i) one hundred percent (100%), or (ii) one full month's Rental, whichever is greater, which additional security deposit shall be retained by Landlord and may be applied by Landlord in the manner provided in this Lease. (e) In the event that at any time during the term of this Lease any governmental law, rule or regulation prohibits or postpones in whole or in part any increase in the Rental or in the payment of other sums payable by Tenant hereunder to be made pursuant to this Lease, then, and in either of such events, such increase or payment shall be made to the maximum extent permissible by law at the time provided in this Lease, and/or at any time or times thereafter such increase or payment, or any portion thereof, may lawfully be made and any such increase in Rental, or any portion thereof, or the sums payable hereunder, or portions thereof, the payment of which has been so prohibited or postponed, shall thereafter become due and payable to the maximum extent and at the earliest time or times permitted by law.