Common use of Monthly Rent Clause in Contracts

Monthly Rent. Throughout the Term of this Lease, Lessee will pay Monthly Rent to Lessor for the Leased Premises. Monthly Rent shall consist of Base Monthly Rent as set forth on Page One of this Lease together with all additional rent (“Additional Rent”) required to be paid by Lessee to Lessor pursuant to Paragraph 6 below Monthly Rent will be paid in advance on or before the first day of each calendar month of the Term. Date of payment is agreed by the parties to this Lease to be the date of postmark on the envelope containing the rent From us Post office payment, which will be mailed to Lessor each month. If the Term commences 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 Monthly Rent will be prorated by Lessor based on the actual number of calendar days in such month. Monthly Rent will be paid to Lessor, without written notice or demand, and without deduction or offset, in lawful money of the United States of America at Lessor’s Address as set forth on Page One of this Lease, or to such other address as Lessor may from time to time designate in writing. Lessee hereby acknowledges that late payment by Lxxxxx of Monthly Rent or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Leased Premises. Accordingly, if any installment of Monthly Rent or any other sums due from Lessee shall not be received by Lessor when due, Lessee shall pay to Lessor a late charge equal to 5% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lxxxxx. Acceptance of such late charges by Lessor shall in no event constitute a waiver of Lxxxxx’s default with respect to such overdue amount or prevent Lessor from exercising any of the other rights and remedies granted hereunder. Any amount due to Lessor, if not paid when due, shall bear interest from such date until paid at the rate of 10% per annum. Payment of interest shall not excuse or cure any default hereunder by Lxxxxx. As used on the first page of this Lease and elsewhere herein, the term “Lease Year” shall mean a period of 365 consecutive days. The first Lease year shall commence on the first day of the Term of this Lease and succeeding Lease Years shall commence annually thereafter.

Monthly Rent. (a) Throughout the Term of this Lease, Lessee Tenant will pay Monthly Rent “Rent” to Lessor Landlord for the Leased Premises. Monthly Rent shall consist of Monthly Base Monthly Rent as set forth on Page One Two of this Lease together with all additional rent (“Additional Rent”) required to be paid by Lessee Tenant to Lessor Landlord pursuant to Paragraph Section 6 below Monthly below, Commencing on the Rent Commencement Date, monthly Base Rent will be paid in advance on or before the first day of each calendar month throughout the Term. If the Rent Commencement Date shall be on any other day than the first day of a calendar month, then monthly Base Rent will be prorated based upon the actual number of calendar days in such month. Additional Rent will be paid in advance on or before the first day of each calendar month of the Term. Date of payment is agreed by the parties to this Lease to be the date of postmark on the envelope containing the rent From us Post office payment, which will be mailed to Lessor each month. If the Term commences 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 month, then Monthly Additional Rent will be prorated by Lessor Landlord based on the actual number of calendar days in such month. Monthly Rent will be paid to LessorLandlord, without written notice or demand, and without deduction or offset, in lawful money of the United States of America at LessorLandlord’s Address as set forth on Page One of this Lease, or to such other address as Lessor Landlord may from time to time designate in writing. Lessee Tenant hereby acknowledges that late payment by Lxxxxx Xxxxxx of Monthly Rent or other sums due hereunder will cause Lessor Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor Landlord by the terms of any mortgage or trust deed covering the Leased Premises. Accordingly, if any installment of Monthly Rent or any other sums due from Lessee Tenant shall not be received by Lessor when due, Lessee shall pay to Lessor a late charge equal to 5% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lxxxxx. Acceptance of such late charges by Lessor shall in no event constitute a waiver of Lxxxxx’s default with respect to such overdue amount or prevent Lessor from exercising any of the other rights and remedies granted hereunder. Any amount due to Lessor, if not paid when due, shall bear interest from such date until paid at the rate of 10% per annum. Payment of interest shall not excuse or cure any default hereunder by Lxxxxx. As used on the first page of this Lease and elsewhere herein, the term “Lease Year” shall mean a period of 365 consecutive days. The first Lease year shall commence on the first day of the Term of this Lease and succeeding Lease Years shall commence annually thereafter.Landlord when

Monthly Rent. Throughout Commencing on the Term of this LeaseCommencement Date, Lessee will pay Monthly Rent to Lessor for the Leased Premises. Monthly Base Rent shall consist of Base Monthly Rent as set forth on Page One of this Lease together with all additional rent (“Additional Rent”) required to be paid by Lessee to Lessor pursuant to Paragraph 6 below Monthly Rent will be paid monthly in advance on or before the first day of each calendar month in accordance with the schedule set forth in Section 1. Notwithstanding the foregoing, Base Rent and Additional Rent during the first twelve (12) months of the TermTerm are hereby abated. Date The Base Rent shall not be adjusted or modified if the actual rentable square footage of payment is agreed by the parties to this Lease to be Premises varies from the date of postmark on the envelope containing the rent From us Post office payment, which will be mailed to Lessor each monthrentable square footage set forth in Section 1. If the Term commences first anniversary of the Commencement Date shall be on a any day other than the first day of a calendar month, Base Rent for the partial month shall be prorated based on the number of days in that month. Unless otherwise provided herein, commencing on the Commencement Date, Additional Rent shall be paid monthly in advance on or ends before the first day of each calendar month. If the first anniversary of the Commencement Date shall be on a any day other than the last first day of a calendar month, Additional Rent for the partial month then Monthly Rent will shall be prorated by Lessor based on the actual number of calendar days in such that month. Monthly Rent will shall be paid to LessorLandlord, without written notice or demand, and without deduction or offset, in lawful money of the United States of America America, at LessorLandlord’s Address as set forth on Page One of this Lease, in Section 1 or to such other address as Lessor Landlord may from time to time designate in writing. Lessee hereby Tenant acknowledges that the late payment by Lxxxxx of Monthly Rent or other sums due hereunder will shall cause Lessor Landlord to incur costs not contemplated by this Lease, the exact amount of which will shall be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor Landlord by the terms of any mortgage or trust deed covering the Leased PremisesProperty. Accordingly, if any installment of Monthly Rent or any other sums due from Lessee Tenant shall not be received by Lessor Landlord when due, Lessee Tenant shall pay to Lessor Landlord a late charge equal to five percent (5% %) of such overdue amount; provided, however, that Tenant shall not be required to pay a late charge for the first (1st) late payment in any consecutive twelve (12) month period to the extent Tenant pays the amount due within five (5) days after receipt of written notice from Landlord that Tenant failed to make such payment when due. In addition, any amount due to Landlord, if not paid within sixty (60) days when due shall bear interest from the date due until paid at the lesser of: (i) the Prime Rate (as hereinafter defined) plus five percent (5%) per annum, or (ii) the highest rate permitted by law (the “Default Rate”). The term “Prime Rate” shall mean the Prime Rate as published in The Wall Street Journal from time to time. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs Lessor will Landlord shall incur by reason of late payment by LxxxxxXxxxxx. Acceptance The acceptance of such late charges by Lessor Landlord shall in no event constitute a waiver of LxxxxxTenant’s default with respect to such the overdue amount or prevent Lessor Landlord from exercising any of the other rights and remedies granted hereunder. Any amount due Notwithstanding anything to Lessorthe contrary in this Lease, if not paid when due, Tenant shall bear interest from such date until paid at pay the rate installment of 10% per annum. Payment of interest shall not excuse or cure any default hereunder by Lxxxxx. As used on Base Rent for the first page of this Lease and elsewhere herein, the term “Lease Year” shall mean a period of 365 consecutive days. The first Lease year shall commence on the first day thirteenth (13th) full calendar month of the Term due hereunder upon execution of this Lease and succeeding Lease Years shall commence annually thereafterLease.

Monthly Rent. Throughout Tenant shall pay to Landlord, in lawful money of the United States, Monthly Rent as follows: commencing on the Commencement Date, and continuing through the balance of the Term of this Lease(subject to adjustment pursuant to Paragraph 5.B), Lessee will the initial Monthly Rent shall equal that amount calculated pursuant to the Build to Suit Agreement as the Monthly Rent for the Building. Tenant shall have no obligation to pay Monthly Rent before the Commencement Date. Until the Monthly Rent is established under the Build to Lessor for Suit Agreement, the Leased Premises. Monthly Rent shall consist be deemed to equal that amount designated from time to time in writing by Landlord to Tenant as Landlord's reasonable estimate of Base the amount of Monthly Rent that will be established under the Build to Suit Agreement upon completion of the construction of the Building (collectively, the "Estimated Monthly Rent"), based upon Landlord's estimate of the Development Costs (as set forth on Page One defined in the Build to Suit Agreement) that have been or will be incurred in constructing the Building. Upon the final establishment of the initial Monthly Rent in accordance with the Build to Suit Agreement, Landlord and Tenant shall each execute an addendum to this Lease together with all additional rent setting forth the initial Monthly Rent under this Lease. If as of the date the initial Monthly Rent under this Lease is established (“Additional Rent”) required to be the "Rent Establishment Date"), the aggregate amount of Estimated Monthly Rent previously paid by Lessee to Lessor pursuant to Paragraph 6 below Tenant exceeds the aggregate amount of Monthly Rent will payable under this Lease from the Commencement Date to the Rent Establishment Date, then Landlord may elect, in its sole discretion, to either refund such excess to Tenant within thirty (30) days after the Rent Establishment Date, or offset such overpayment against Rent due or remaining due under this Lease. If as of the Rent Establishment Date the aggregate amount of Estimated Monthly Rent previously paid by Tenant is less than Monthly Rent shall be paid in advance advance, on or before the first day of each calendar month of during the Term. Date of payment is agreed by the parties to this Lease to be the date of postmark on the envelope containing the rent From us Post office payment, which will be mailed to Lessor each month. If the Term commences 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 Monthly Rent will be prorated by Lessor based on the actual number of calendar days in such month. Monthly Rent will be paid to Lessor, without written abatement, deduction, claim, offset, prior notice or demand, and without deduction or offset, in lawful money of the United States of America at Lessor’s Address as set forth on Page One of this Lease, or . Tenant shall pay to such other address as Lessor may from time Landlord an amount equal to time designate in writing. Lessee hereby acknowledges that late one (1) month's advance payment by Lxxxxx of Monthly Rent or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, for the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by Premises upon the terms of any mortgage or trust deed covering the Leased Premises. Accordingly, if any installment of Monthly Rent or any other sums due from Lessee shall not be received by Lessor when due, Lessee shall pay to Lessor a late charge equal to 5% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lxxxxx. Acceptance of such late charges by Lessor shall in no event constitute a waiver of Lxxxxx’s default with respect to such overdue amount or prevent Lessor from exercising any of the other rights and remedies granted hereunder. Any amount due to Lessor, if not paid when due, shall bear interest from such date until paid at the rate of 10% per annum. Payment of interest shall not excuse or cure any default hereunder by Lxxxxx. As used on the first page execution of this Lease by Landlord and elsewhere hereinTenant. Additionally, Tenant shall pay, as and with the Monthly Rent, the term “Lease Year” shall mean a period management fee described in Paragraph 5.C., Tenant's Percentage Share of 365 consecutive days. The first Lease year shall commence on Common Area Maintenance Costs pursuant to Paragraph 5.D, the first day Real Property Taxes and Impositions payable by Tenant pursuant to Paragraph 15, and the monthly cost of the Term of this Lease and succeeding Lease Years shall commence annually thereafter.insurance premiums required pursuant to Paragraph 21.C.

Monthly Rent. Throughout Tenant’s obligation to pay Monthly Rent shall commence on the Commencement Date and continue until the expiration of the Term of this Lease, Lessee will pay . Landlord does hereby irrevocably authorize and direct Tenant to make all payments of Monthly Rent directly to Lessor for the Leased PremisesTrustee. The first payment of Monthly Rent shall consist of Base Monthly Rent as set forth on Page One of this Lease together with all additional rent (“Additional Rent”) required to be paid by Lessee the Tenant to Lessor pursuant the Trustee on the Commencement Date, and shall be prorated for the remainder of the month in which the Commencement Date occurs in the event that the Commencement Date is not the first day of a month. Beginning with the first month following the Commencement Date, Tenant shall pay to Paragraph 6 below Monthly Rent will be paid the Trustee at the Trustee’s address set forth in Section 33.7 and without deduction, offset, prior notice or demand in advance on or before the first day of each calendar month of during the Term. Term an amount equal to Monthly Rent; provided, however, that the Monthly Rent payments immediately following the Commencement Date of payment is agreed may be reduced, based upon reports provided by the parties Trustee, by amounts on hand in the Bond Fund and available to this Lease pay principal on the Bonds in which event the Trustee shall prepare a revised Schedule of Monthly Rent which shall be substituted for the Schedule of Monthly Rent currently annexed hereto as Exhibit A. Semiannually (expected to be the date Monthly Rent payments due on January 1 and July 1), the amount of postmark Monthly Rent payable for such month shall be reduced by an amount equal to the interest earnings adjustment referenced in the following sentence which is available to pay principal and interest on the envelope containing Bonds. The Indenture shall provide that Monthly Rent paid by the rent From us Post office paymentTenant prior to the date due shall be deposited by the Trustee in the Revenue Fund and shall be invested at the direction of the Landlord until such funds are disbursed to Bond Owners. Tenant acknowledges that time is of the essence in payment of Monthly Rent since Landlord intends to use Monthly Rent to make principal and interest payments on the Bonds. For recordkeeping purposes, which Landlord shall provide Tenant with monthly invoices on or before the 23rd day of each month during the Term setting forth the amount of Monthly Rent due for the following month, and, based upon accumulated interest earnings in the Revenue Fund reported by the Trustee to the Landlord, the invoice setting forth the amount of Monthly Rent due shall be adjusted semiannually (expected to be the January 1 and July 1 Monthly Rent payments) to take into account accumulated interest earnings in the Revenue Fund so that the amount paid by the Tenant for such month(s) together with accumulated interest earnings will be mailed equal to Lessor each month. If the Term commences 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 Monthly Rent will be prorated by Lessor based amount due for such month as set forth on the actual number Schedule of calendar days Monthly Rent annexed hereto as Exhibit A. All such invoices shall be sent to Tenant at the address set forth in such monthSection 33.7 below, attention Department Facilities Manager. Monthly Rent will for any partial month shall be prorated on a daily basis at the rate of 1/30 of the Monthly Rent. All payments of Rent under this Lease shall be paid to Lessor, without written notice or demand, and without deduction or offset, in lawful money of the United States and in immediately available funds. In the event that the date on which Rent is due is not a Business Day, such Rent shall be due on the preceding Business Day. The aggregate Monthly Rent allocable to the payment of America at Lessor’s Address the aggregate principal amount of the Bonds shall not exceed $_ . The parties understand and agree that the amount of Monthly Rent payable under this Lease during the Term shall be equal to the amount of debt service payable under the Bonds, which Monthly Rent cannot be finally determined until the Bonds are sold, but that annual Monthly Rent payable under this Lease during any Lease Year shall not exceed the aggregate estimated amount of Monthly Rent for such Lease Year as set forth on Page One the estimated schedule of Monthly Rent attached hereto as Exhibit A. Once the Bonds are sold, the Underwriters shall prepare and submit to Landlord, Tenant and Trustee the final schedule of Monthly Rent which shall include Monthly Rent that on an aggregate basis in any Lease Year does not exceed the aggregate amount of Monthly Rent payable in such Lease Year as set forth in the estimated schedule of Monthly Rent. Such schedule of Monthly Rent shall be substituted for the estimated schedule of Monthly Rent attached to this LeaseLease as Exhibit A on the Effective Date. Thereafter all references in this Lease to Monthly Rent shall mean the amount of Monthly Rent as set forth on the revised schedule of Monthly Rent which shall be attached to this Lease as Exhibit A, or to as such other address as Lessor schedule may hereafter be revised from time to time designate in writingaccordance with the provisions of this Lease. Lessee hereby acknowledges that late payment by Lxxxxx So long as no Event of Default has occurred and is continuing under this Lease, Tenant shall have the right to direct Landlord to select maturities of Bonds to be optionally redeemed pursuant to Section 3.01(a) of the Indenture, to apply amounts redeemed against scheduled mandatory redemption payments pursuant to Section 3.01(b) of the Indenture, to direct the purchase of Bonds for cancellation pursuant to Section 3.05 of the Indenture, and to direct the issuance of Future Parity Bonds pursuant to Section 2.08 of the Indenture. The schedule of Monthly Rent (Exhibit A) amended by agreement of Landlord and Tenant to reflect such redemption, purchase for cancellation or other sums due hereunder will cause Lessor to incur costs not contemplated by this Leaseissuance of Future Parity Bonds, shall be substituted for the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Leased Premises. Accordingly, if any installment schedule of Monthly Rent or any other sums due from Lessee shall not be received by Lessor when due, Lessee shall pay then attached to Lessor a late charge equal to 5% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lxxxxx. Acceptance of such late charges by Lessor shall in no event constitute a waiver of Lxxxxx’s default with respect to such overdue amount or prevent Lessor from exercising any of the other rights and remedies granted hereunder. Any amount due to Lessor, if not paid when due, shall bear interest from such date until paid at the rate of 10% per annum. Payment of interest shall not excuse or cure any default hereunder by Lxxxxx. As used on the first page of this Lease and elsewhere herein, the term “Lease Year” shall mean a period of 365 consecutive days. The first Lease year shall commence on the first day of the Term of this Lease and succeeding Lease Years shall commence annually thereafterLease.

Monthly Rent. Throughout a. Commencing as of the Term Office Premises Rent Commencement Date (as to the Office Premises), and as of this Leasethe Retail Premises Rent Commencement Date (as to the Retail Premises), Lessee will pay Monthly Rent to Lessor for the Leased Premises. Monthly Rent shall consist of Base Monthly Rent as set forth on Page One of this Lease together with all additional rent (“Additional Rent”) required to be paid by Lessee to Lessor pursuant to Paragraph 6 below Monthly Rent will be paid in advance and continuing thereafter on or before the first day of each calendar month of during the Term. Date of payment is agreed by term hereof, Tenant shall pay to Landlord, as monthly rent for the parties to this Lease to be Premises, the date of postmark on the envelope containing the rent From us Post office payment, which will be mailed to Lessor each monthrespective Monthly Rent amounts specified in Paragraph 2 above. If the Term Tenant's obligation to pay Monthly Rent hereunder for either Increxxxx commences on a day other than the first day of a calendar month month, or ends if the term of this Lease terminates on a day other than the last day of a calendar month month, then the Monthly Rent will payable for such partial month shall be appropriately prorated by Lessor based on the actual number basis of calendar days in such a thirty (30)-day month. Monthly Rent will and the Additional Rent specified in Paragraph 7 shall be paid by Tenant to LessorLandlord, in advance, without written deduction, offset, or, except as expressly provided in this Lease, prior notice or demand, and without deduction or offset, in immediately available funds of lawful money of the United States of America at Lessor’s Address America, or by good check as set forth on Page One of this Leasedescribed below, to the lockbox location designated by Landlord, or to such other address person or at such other place as Lessor Landlord may from time to time designate in writing. Lessee hereby acknowledges Payments made by check must be drawn either on a California financial institution or on a financial institution that late payment by Lxxxxx is a member of Monthly Rent or other sums due hereunder will cause Lessor to incur costs not contemplated by the federal reserve system. Notwithstanding the foregoing, within five (5) Business Days after the mutual execution and delivery of this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Leased Premises. Accordingly, if any installment of Monthly Rent or any other sums due from Lessee shall not be received by Lessor when due, Lessee Tenant shall pay to Lessor a late charge Landlord an amount equal to 5% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate the Monthly Rent payable for the first full calendar month of the costs Lessor will incur by reason of late payment by Lxxxxx. Acceptance of such late charges by Lessor Lease term after Tenant's obligation to pay Monthly Rent for the entire Premises shxxx xxve commenced hereunder, which amount shall in no event constitute a waiver of Lxxxxx’s default with respect be applied to such overdue amount or prevent Lessor from exercising any of the other rights Monthly Rent first due and remedies granted payable hereunder. Any amount due to Lessor, if not paid when due, shall bear interest from such date until paid at the rate of 10% per annum. Payment of interest shall not excuse or cure any default hereunder by Lxxxxx. As used on the first page of this Lease and elsewhere herein, the term “Lease Year” shall mean a period of 365 consecutive days. The first Lease year shall commence on the first day of the Term of this Lease and succeeding Lease Years shall commence annually thereafter.

Monthly Rent. Throughout Tenant shall pay to Landlord, in lawful money of ------------ the United States, Monthly Rent as follows: commencing on the Commencement Date, and continuing through the balance of the Term of this Lease(subject to adjustment pursuant to Paragraph 5.B), Lessee will the initial Monthly Rent shall equal that amount calculated -------------- pursuant to the Build to Suit Agreement as the Monthly Rent for the Building. Tenant shall have no obligation to pay Monthly Rent before the Commencement Date. Until the Monthly Rent is established under the Build to Lessor for Suit Agreement, the Leased PremisesMonthly Rent shall be deemed to equal that amount designated from time to time in writing by Landlord to Tenant as Landlord's reasonable estimate of the amount of Monthly Rent that will be established under the Build to Suit Agreement upon completion of the construction of the Building (collectively, the "Estimated Monthly Rent"), based upon Landlord's estimate of the Development ---------------------- Costs (as defined in the Build to Suit Agreement) that have been or will be incurred in constructing the Building. Upon the final establishment of the initial Monthly Rent in accordance with the Build to Suit Agreement, Landlord and Tenant shall each execute an addendum to this Lease setting forth the initial Monthly Rent under this Lease. If as of the date the initial Monthly Rent under this Lease is established (the "Rent Establishment Date"), the aggregate amount of Estimated ----------------------- Monthly Rent previously paid by Tenant exceeds the aggregate amount of Monthly Rent payable under this Lease from the Commencement Date to the Rent Establishment Date, then Landlord may elect, in its sole discretion, to either refund such excess to Tenant within thirty (30) days after the Rent Establishment Date, or offset such overpayment against Rent due or remaining due under this Lease. If as of the Rent Establishment Date the aggregate amount of Estimated Monthly Rent previously paid by Tenant is less than the aggregate amount of Monthly Rent payable under this Lease from the Commencement Date to the Rent Establishment Date, then Tenant shall pay the deficiency to Landlord within thirty (30) days after the Rent Establishment Date. Monthly Rent shall consist of Base Monthly Rent as set forth on Page One of this Lease together with all additional rent (“Additional Rent”) required to be paid by Lessee to Lessor pursuant to Paragraph 6 below Monthly Rent will be paid in advance advance, on or before the first day of each calendar month of during the Term. Date of payment is agreed by the parties to this Lease to be the date of postmark on the envelope containing the rent From us Post office payment, which will be mailed to Lessor each month. If the Term commences 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 Monthly Rent will be prorated by Lessor based on the actual number of calendar days in such month. Monthly Rent will be paid to Lessor, without written abatement, deduction, claim, offset, prior notice or demand, and without deduction or offset, in lawful money of the United States of America at Lessor’s Address as set forth on Page One of this Lease, or . Tenant shall pay to such other address as Lessor may from time Landlord an amount equal to time designate in writing. Lessee hereby acknowledges that late one (1) month's advance payment by Lxxxxx of Monthly Rent or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, for the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by Premises upon the terms of any mortgage or trust deed covering the Leased Premises. Accordingly, if any installment of Monthly Rent or any other sums due from Lessee shall not be received by Lessor when due, Lessee shall pay to Lessor a late charge equal to 5% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lxxxxx. Acceptance of such late charges by Lessor shall in no event constitute a waiver of Lxxxxx’s default with respect to such overdue amount or prevent Lessor from exercising any of the other rights and remedies granted hereunder. Any amount due to Lessor, if not paid when due, shall bear interest from such date until paid at the rate of 10% per annum. Payment of interest shall not excuse or cure any default hereunder by Lxxxxx. As used on the first page execution of this Lease by Landlord and elsewhere hereinTenant. Additionally, Tenant shall pay, as and with the Monthly Rent, the term “Lease Year” shall mean a period management fee described in Paragraph 5.C., Tenant's -------------- Percentage Share of 365 consecutive days. The first Lease year shall commence on Common Area Maintenance Costs pursuant to Paragraph 5.D, the first day ------------- Real Property Taxes and Impositions payable by Tenant pursuant to Paragraph 15, ------------ and the monthly cost of the Term of this Lease and succeeding Lease Years shall commence annually thereafter.insurance premiums required pursuant to Paragraph 21.C. --------------

Monthly Rent. Throughout the Term of this Lease, Lessee Tenant will pay Monthly Rent “Rent” to Lessor Landlord for the Leased Premises. Monthly Rent shall consist of Base Monthly Rent as set forth on Page One of this Lease together with all additional rent other amounts required to be paid by Tenant to Landlord pursuant to this Lease (“Additional Rent”) required to be paid by Lessee to Lessor pursuant to Paragraph 6 below Monthly ). Commencing on the Rent Commencement Date, Base Rent will be paid monthly in advance on or before the first day of each calendar month of in accordance with the Term. Date of payment is agreed by the parties to this Lease to be the date of postmark on the envelope containing the rent From us Post office payment, which will be mailed to Lessor each monthschedule set forth in Section 1. If the Term commences Rent Commencement Date shall be on a any day other than the first day of a calendar month, Base Rent for the partial month or ends on a day other than the last day of a calendar month then Monthly Rent will shall be prorated by Lessor based on the actual number of calendar days in such that month. Monthly Rent will be paid to LessorLandlord, without written notice or demand, and without deduction or offset, in lawful money of the United States of America America, at LessorLandlord’s Remittance Address as set forth on Page One of this Lease, in Section 1 or to such other address as Lessor Landlord may from time to time designate in writing. Lessee hereby Tenant acknowledges that the late payment by Lxxxxx of Monthly Rent or other sums due hereunder will cause Lessor Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor Landlord by the terms of any mortgage or trust deed covering the Leased PremisesProperty. Accordingly, if any installment of Monthly Rent or any other sums due from Lessee Tenant shall not be received by Lessor Landlord when due, Lessee Tenant shall pay to Lessor Landlord a late charge equal to five percent (5% %) of such overdue amount. In addition, any amount due to Landlord, if not paid when due, shall bear interest from the date that is five (5) days after the due date until paid at the rate of twelve percent (12%) per annum. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs Lessor Landlord will incur by reason of late payment by LxxxxxTenant. Acceptance The acceptance of such late charges by Lessor Landlord shall in no event constitute a waiver of LxxxxxTenant’s default with respect to such the overdue amount or prevent Lessor Landlord from exercising any of the other rights and remedies granted hereunder. Any Tenant shall also pay all sales and use taxes and surcharges levied or assessed against all rental payments and other payments due under this Lease, simultaneously with each such rental payment. In the event any check, bank draft or negotiable instrument given for any payment under this Lease shall be dishonored at any time for any reason whatsoever not attributable to Landlord, Landlord shall be entitled, in addition to any other remedy that may be available, to an administrative charge of $250.00. Notwithstanding the foregoing, so long as no default occurs and is continuing, Tenant shall be entitled to an abatement in the amount due to Lessorof $14,763.00 of the Rent, if not paid when dueper month, shall bear interest from such date until paid at the rate of 10% per annum. Payment of interest shall not excuse or cure any default hereunder by Lxxxxx. As used commencing on the first page of this Lease and elsewhere hereinRent Commencement Date, for the term next four (4) months following the Rent Commencement Date (the “Lease Year” shall mean a period of 365 consecutive daysAbated Rent Period”). The first Lease year shall commence Commencing on the first day of the Term of fifth (5th) month after the Rent Commencement Date, Tenant shall commence to pay all Rent (to wit: both Base Rent and Additional Rent) as required by this Lease (the foregoing concession being the “Rent Abatement”). Tenant agrees and succeeding acknowledges that the Rent Abatement is a concession to Tenant to induce Tenant to enter into this Lease Years with Landlord, and, should a default occur where the Landlord commences an action for damages against Tenant (in addition to any other rights or remedies which Landlord is entitled to pursue against Tenant, whether pursuant to Florida law or under this Lease), Landlord shall commence annually thereafterbe entitled, as part of such claim for damages, to include the amount of Rent (that is, both Rent) which was abated during the Rent Abatement Period.

Monthly Rent. Throughout Subject to the Term of this Leaserent abatement periods provided herein, Lessee will pay Monthly commencing on the Suite 160 Commencement Date and the Full Premises Commencement Date (respectively), Base Rent to Lessor for the Leased applicable portion of the Premises. Monthly Rent , plus applicable sales tax, shall consist of Base Monthly Rent as set forth on Page One of this Lease together with all additional rent (“Additional Rent”) required to be paid by Lessee to Lessor pursuant to Paragraph 6 below Monthly Rent will be paid monthly in advance on or before the first day of each calendar month month. The Base Rent shall not be adjusted or modified if the actual rentable square footage of the Term. Date of payment is agreed Premises varies from the rentable square footage set forth herein by the parties to this Lease to be the date of postmark on the envelope containing the rent From us Post office payment, which will be mailed to Lessor each month[***]% or less. If the Term commences Suite 160 Commencement Date or the Full Premises Commencement Date (respectively) shall be on a any day other than the first day of a calendar month, Base Rent, plus applicable sales tax, for the partial month shall be prorated based on the number of days in that month. Unless otherwise provided herein, commencing on the Suite 160 Commencement Date and the Full Premises Commencement Date (respectively), Additional Rent, plus applicable sales tax, shall also be paid monthly in advance on or ends before the first day of each calendar month. If the Suite 160 Commencement Date or the Full Premises Commencement Date (respectively) shall be on a any day other than the last first day of a calendar month, Additional Rent, plus applicable sales tax, for the partial month then Monthly Rent will shall be prorated by Lessor based on the actual number of calendar days in such that month. Monthly Rent will shall be paid to LessorLandlord, without written notice or demand, and without deduction or offset, in lawful money of the United States of America America, at LessorLandlord’s Remittance Address as set forth on Page One of this Lease, in Section 1 or to such other address as Lessor Landlord may from time to time designate in writing. Lessee hereby Tenant acknowledges that the late payment by Lxxxxx of Monthly Rent or other sums due hereunder will shall cause Lessor Landlord to incur costs not contemplated by this Lease, the exact amount of which will shall be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor Landlord by the terms of any mortgage or trust deed covering the Leased PremisesProperty. Accordingly, if any installment of Monthly Rent or any other sums due from Lessee Tenant shall not be received by Lessor Landlord within [***] ([***]) days of when due, Lessee Tenant shall pay to Lessor Landlord a late charge equal to 5% [***] percent ([***]%) of such overdue amount. In addition, any amount due to Landlord, if not paid within [***] ([***]) days of when due, shall bear interest from the date due until paid at the lesser of: (i) the Prime Rate (as hereinafter defined) plus [***] percent ([***]%) per annum, or (ii) the highest rate permitted by law (the “Default Rate”). The term “Prime Rate” shall mean the Prime Rate as published in The Wall Street Journal from time to time. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs Lessor will Landlord shall incur by reason of late payment by LxxxxxTenant. Acceptance The acceptance of such late charges by Lessor Landlord shall in no event constitute a waiver of LxxxxxTenant’s default with respect to such the overdue amount or prevent Lessor Landlord from exercising any of the other rights and remedies granted hereunder. Any amount Notwithstanding anything to the contrary in this Lease, Tenant shall pay the Prepaid Rent simultaneously with Tenant’s execution and delivery of this Lease. Notwithstanding the foregoing, Landlord shall not charge Tenant interest or late charges for the first late payment in any [***] ([***]) month period provided that Tenant pays any all sums due to Lessor, if not paid when within [***] ([***]) days of the date due, shall bear with any subsequent late payment to incur fees and interest from such date until paid without any additional grace period. Notwithstanding anything to the contrary, at the rate expiration of 10% per annum. Payment any rent abatement period, Landlord shall apply the portion of interest the Prepaid Rent (as apportioned to Suite 160 after the expiration of the Suite 160 Rent Abatement Period and to Suites 150 and 220 after expiration of the Suites 150 and 220 Rent Abatement Period) applicable to the first month in which Rent is payable to Landlord, and Tenant shall not excuse or cure any default hereunder by Lxxxxx. As used on be obligated to pay Rent for that month, unless the first page amount of this Lease the Prepaid Rent is insufficient to cover the entire amount of the actual Rent due in which case Tenant will be obligated to pay the additional amount owed upon the same terms and elsewhere herein, at the term “Lease Year” shall mean a period of 365 consecutive dayssame time such payment would otherwise be due. The first Lease year remaining amount of any Prepaid Rent shall commence on the first day of the Term of this Lease and succeeding Lease Years shall commence annually thereafterbe credited or applied as set forth above.

Monthly Rent. Throughout Tenant shall pay to Landlord, in lawful money of ------------ the United States, Monthly Rent as follows: commencing on the Commencement Date, and continuing through the balance of the Term of this Lease(subject to adjustment pursuant to Paragraph 5.B), Lessee will the initial Monthly Rent shall equal that amount calculated ------------- pursuant to the Build to Suit Agreement as the Monthly Rent for the Building. Tenant shall have no obligation to pay Monthly Rent before the Commencement Date. Until the Monthly Rent is established under the Build to Lessor for Suit Agreement, the Leased PremisesMonthly Rent shall be deemed to equal that amount designated from time to time in writing by Landlord to Tenant as Landlord's reasonable estimate of the amount of Monthly Rent that will be established under the Build to Suit Agreement upon completion of the construction of the Building (collectively, the "Estimated Monthly Rent"), based upon Landlord's estimate of the Development ---------------------- Costs (as defined in the Build to Suit Agreement) that have been or will be incurred in constructing the Building. Upon the final establishment of the initial Monthly Rent in accordance with the Build to Suit Agreement, Landlord and Tenant shall each execute an addendum to this Lease setting forth the initial Monthly Rent under this Lease. If as of the date the initial Monthly Rent under this Lease is established (the "Rent Establishment Date"), the aggregate amount of Estimated ----------------------- Monthly Rent previously paid by Tenant exceeds the aggregate amount of Monthly Rent payable under this Lease from the Commencement Date to the Rent Establishment Date, then Landlord may elect, in its sole discretion, to either refund such excess to Tenant within thirty (30) days after the Rent Establishment Date, or offset such overpayment against Rent due or remaining due under this Lease. If as of the Rent Establishment Date the aggregate amount of Estimated Monthly Rent previously paid by Tenant is less than the aggregate amount of Monthly Rent payable under this Lease from the Commencement Date to the Rent Establishment Date, then Tenant shall pay the deficiency to Landlord within thirty (30) days after the Rent Establishment Date. Monthly Rent shall consist of Base Monthly Rent as set forth on Page One of this Lease together with all additional rent (“Additional Rent”) required to be paid by Lessee to Lessor pursuant to Paragraph 6 below Monthly Rent will be paid in advance advance, on or before the first day of each calendar month of during the Term. Date of payment is agreed by the parties to this Lease to be the date of postmark on the envelope containing the rent From us Post office payment, which will be mailed to Lessor each month. If the Term commences 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 Monthly Rent will be prorated by Lessor based on the actual number of calendar days in such month. Monthly Rent will be paid to Lessor, without written abatement, deduction, claim, offset, prior notice or demand, and without deduction or offset, in lawful money of the United States of America at Lessor’s Address as set forth on Page One of this Lease, or . Tenant shall pay to such other address as Lessor may from time Landlord an amount equal to time designate in writing. Lessee hereby acknowledges that late one (1) month's advance payment by Lxxxxx of Monthly Rent or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, for the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by Premises upon the terms of any mortgage or trust deed covering the Leased Premises. Accordingly, if any installment of Monthly Rent or any other sums due from Lessee shall not be received by Lessor when due, Lessee shall pay to Lessor a late charge equal to 5% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lxxxxx. Acceptance of such late charges by Lessor shall in no event constitute a waiver of Lxxxxx’s default with respect to such overdue amount or prevent Lessor from exercising any of the other rights and remedies granted hereunder. Any amount due to Lessor, if not paid when due, shall bear interest from such date until paid at the rate of 10% per annum. Payment of interest shall not excuse or cure any default hereunder by Lxxxxx. As used on the first page execution of this Lease by Landlord and elsewhere hereinTenant. Additionally, Tenant shall pay, as and with the Monthly Rent, the term “Lease Year” shall mean a period management fee described in Paragraph 5.C., Tenant's -------------- Percentage Share of 365 consecutive days. The first Lease year shall commence on Common Area Maintenance Costs pursuant to Paragraph 5.D, the first day ------------- Real Property Taxes and Impositions payable by Tenant pursuant to Paragraph 15, ------------ and the monthly cost of the Term of this Lease and succeeding Lease Years shall commence annually thereafter.insurance premiums required pursuant to Paragraph 21.C. --------------

Monthly Rent. Throughout From and after the Commencement Date, Tenant shall pay to Landlord, for each calendar month of the Term, the Monthly Rent set forth in Item 9 of the Basic Lease Provisions. Monthly Rent for the first partial month of the Term shall be payable at the rate set forth in Item 9 of this Lease, Lessee will pay Monthly Rent to Lessor the Basic Lease Provisions for the Leased Premisesfirst twelve full calendar months of the Term, prorated for the actual number of days. Monthly Rent shall consist be due and payable to Landlord in lawful money of Base Monthly Rent as set forth the United States, in advance, on Page One of this Lease together with all additional rent (“Additional Rent”) required to be paid by Lessee to Lessor pursuant to Paragraph 6 below Monthly Rent will be paid in advance on or before the first (1st) day of each calendar month of the Term. Date of payment is agreed by the parties to this Lease to be the date of postmark on the envelope containing the rent From us Post office payment, which will be mailed to Lessor each month. If the Term commences 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 Monthly Rent will be prorated by Lessor based on the actual number of calendar days in such month. Monthly Rent will be paid to Lessor, without written notice abatement, deduction, claim or offset, and without prior Notice, invoice or demand, and without deduction or offset, at Landlord’s address for payment of Rent set forth in lawful money Item 1 of the United States of America Basic Lease Provisions or at Lessor’s Address such place as set forth on Page One of this Lease, or to such other address as Lessor Landlord may from time to time designate in writingdesignate. Lessee hereby acknowledges that late Tenant’s payment by Lxxxxx of Monthly Rent or other sums due hereunder will cause Lessor for the first (1st) month of the Term for which Monthly Rent is payable, plus Tenant’s payment of Tenant’s Share of estimated Operating Expenses for the first (1st) month of the Term, shall be delivered to incur costs not contemplated by Landlord concurrently with Tenant’s execution of this Lease. Notwithstanding anything to the contrary contained herein and provided that Tenant faithfully performs all of the terms and conditions of this Lease, and no default by Tenant occurs hereunder beyond any applicable notice and cure period, Landlord hereby agrees that Tenant shall not be required to pay Monthly Rent during the exact period commencing on the Commencement Date and ending one hundred twenty (120) calendar days thereafter (the “Abatement Period”). The total amount of which will Monthly Rent abated during the Abatement Period shall not exceed $234,000.00. Except as provided in the second paragraph of Section 4.2 below, during the Abatement Period, Tenant shall still be extremely difficult to ascertainresponsible for the payment of all of its other monetary obligations under this Lease including all Additional Rent. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor In the event of a default by Tenant under the terms of any mortgage or trust deed covering the Leased Premises. Accordingly, if any installment of Monthly Rent or any other sums due from Lessee shall not be received by Lessor when due, Lessee shall pay to Lessor a late charge equal to 5% of such overdue amount. The parties hereby agree this Lease that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lxxxxx. Acceptance of such late charges by Lessor shall results in no event constitute a waiver of Lxxxxx’s default with respect to such overdue amount or prevent Lessor from exercising any of the other rights and remedies granted hereunder. Any amount due to Lessor, if not paid when due, shall bear interest from such date until paid at the rate of 10% per annum. Payment of interest shall not excuse or cure any default hereunder by Lxxxxx. As used on the first page termination of this Lease and elsewhere hereinin accordance with the provisions of Article XIX hereof, the term “Lease Year” shall mean then as a period of 365 consecutive days. The first Lease year shall commence on the first day part of the Term recovery set forth in Article XV of this Lease and succeeding Lease Years Lease, Landlord shall commence annually thereafterbe entitled to the immediate recovery, as of the day prior to such termination, of the Monthly Rent that was abated under the provisions of this Section 4.1.

Monthly Rent. Throughout the Term of this LeaseTenant shall pay, Lessee will pay Monthly Rent to Lessor for the Leased Premises. Monthly Rent shall consist of Base Monthly Rent as set forth on Page One of this Lease together with all additional rent (“Additional Rent”) required to be paid by Lessee to Lessor pursuant to Paragraph 6 below Monthly Rent will be paid in advance on or before the first day of each calendar month during the Term, Monthly Rent as specified in Exhibit C (Absolute Net Rental Rate Formula) of the Term. Date of payment is agreed by Basic Lease Provisions as the parties to this Lease to be basic rent per month for the date of postmark on the envelope containing the rent From us Post office payment, which will be mailed to Lessor each month. If the Term commences 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 Monthly Rent will be prorated by Lessor based on the actual number of calendar days in such month. Monthly Rent will be paid to Lessor, without written notice or demand, and without deduction or offset, in lawful money of the United States of America at Lessor’s Address as set forth on Page One of this Lease, or to such other address as Lessor may from time to time designate in writing. Lessee hereby acknowledges that late payment by Lxxxxx of Monthly Rent or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Leased Premises. Accordingly, if any The initial installment of Monthly Rent shall be due and payable upon the Lease Commencement Date. In the case of a partial calendar month at or any other sums due from Lessee shall not be received by Lessor when due, Lessee shall pay prior to Lessor a late charge equal to 5% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate the beginning of the costs Lessor will incur by reason of late payment by LxxxxxTerm, the Monthly Rent for the partial month shall be prorated on a daily basis and shall be paid with the first month’s rent. Acceptance of such late charges by Lessor shall in no event constitute a waiver of Lxxxxx’s default with respect Tenant also agrees to such overdue amount pay Landlord any excise, sales or prevent Lessor from exercising any of the other rights and remedies granted hereunder. Any amount due to Lessorprivilege tax, if not paid when dueany, shall bear interest from such date until paid at the rate of 10% per annum. Payment of interest shall not excuse or cure imposed by any default hereunder by Lxxxxx. As used governmental authority on the first page account of this Lease or the rent paid hereunder, which tax is in substitution for, or in lieu of, real estate taxes. All payments owning by TENANT pursuant to this lease shall be made to LANDLORD at 0000 Xxxxxx Xxxxx Xxxxxxx, Xxxxx 000, Xxxxxxxxx, XX 00000, or at such other place or places as LANDLORD may hereafter designate, and elsewhere hereinshall be made without setoff or deductions and with reasonable attorneys’ fees and costs of collection. In the event TENANT fails to pay any rent, expenses, charges or other payments to be paid by it pursuant to this lease within ten (10) days after the due date thereof, then any unpaid amounts shall be subject to a late payment administration charge of One Hundred Dollars ($100) per day from the due date of date of payment. Notwithstanding this late payment charge, nonpayment of any amounts due under this lease shall constitute a default by TENANT. It is the intention of LANDLORD and TENANT that this shall be a true net lease; that the rent herein specified shall be net to LANDLORD at all times dining the term “Lease Year” shall mean a period of 365 consecutive days. The first Lease year shall commence on the first day of the Term of this Lease lease; and succeeding Lease Years that all costs, expenses, and obligations of every kind relating to the Premises shall commence annually thereafterbe the obligation of TENANT.

Monthly Rent. Throughout the Term of this Lease, Lessee will pay Monthly Rent to Lessor for the Leased Premises. Monthly Rent shall consist of Base Monthly Rent as set forth on Page One of this Lease together with all additional rent (“Additional Rent”) required to be paid by Lessee to Lessor pursuant to Paragraph 6 below Monthly Rent will be paid in advance on a. On or before the first day of each calendar month of during the Term. Date of payment is agreed by term hereof, Tenant shall pay to Landlord, as monthly rent for the parties to this Lease to be Premises, the date of postmark on the envelope containing the rent From us Post office payment, which will be mailed to Lessor each monthMonthly Rent specified in Paragraph 2 above. If the Term term of this Lease commences on a day other than the first day of a calendar month month, or ends terminates on a day other than the last day of a calendar month month, then the Monthly Rent will payable for such partial month shall be appropriately prorated by Lessor based on the actual number basis of calendar days in such a thirty (30)-day month. Monthly Rent will and the Additional Rent specified in Paragraph 7 shall be paid by Tenant to LessorLandlord, in advance, without written deduction, offset, prior notice or demand, and without deduction or offset, in immediately available funds of lawful money of the United States of America America, or by good check as described below, at Lessor’s Address as set forth on Page One the office of this LeaseShorenstein Company, L.P., at 000 Xxxxxxxxxx Xxxxxx, 00xx xxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000, or to such other address person or at such other place as Lessor Landlord may from time to time designate in writing. Lessee hereby acknowledges Payments made by check must be drawn either on a California financial institution or on a financial institution that late payment is a member of the federal reserve system. Notwithstanding the foregoing, if the Commencement Date for the Initial Premises, or the Added Premises Commencement Date for the Added Premises, is delayed as a result of a Tenant Delay, then Tenant's obligation to pay rent for such portion of the Premises shall be accelerated by Lxxxxx the number of Monthly Rent or other sums due hereunder will cause Lessor days of such delay. Further, notwithstanding the foregoing, Tenant shall pay to incur costs not contemplated by Landlord with Xxxxxx's execution of this Lease, the exact an amount of which will be extremely difficult equal to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Leased Premises. Accordingly, if any installment of one (1) month's Monthly Rent or any other sums hereunder for the Premises, which amount shall be applied to the Monthly Rent first due from Lessee shall not be received by Lessor when due, Lessee shall pay to Lessor a late charge equal to 5% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lxxxxx. Acceptance of such late charges by Lessor shall in no event constitute a waiver of Lxxxxx’s default with respect to such overdue amount or prevent Lessor from exercising any of the other rights and remedies granted payable hereunder. Any amount due to Lessor, if not paid when due, shall bear interest from such date until paid at the rate of 10% per annum. Payment of interest shall not excuse or cure any default hereunder by Lxxxxx. As used on the first page of this Lease and elsewhere herein, the term “Lease Year” shall mean a period of 365 consecutive days. The first Lease year shall commence on the first day of the Term of this Lease and succeeding Lease Years shall commence annually thereafter.

Monthly Rent. Throughout From and after the Term Commencement Date, Tenant shall pay to Landlord, for each calendar month of this Leasethe Term, Lessee will pay the Monthly Rent to Lessor for set forth in Item 9 of the Leased PremisesBasic Lease Provisions. Monthly Rent shall consist be due and payable to Landlord in lawful money of Base Monthly Rent as set forth the United States, in advance, on Page One of this Lease together with all additional rent (“Additional Rent”) required to be paid by Lessee to Lessor pursuant to Paragraph 6 below Monthly Rent will be paid in advance on or before the first (1st) day of each calendar month of the Term. Date of payment is agreed by the parties to this Lease to be the date of postmark on the envelope containing the rent From us Post office payment, which will be mailed to Lessor each month. If the Term commences 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 Monthly Rent will be prorated by Lessor based on the actual number of calendar days in such month. Monthly Rent will be paid to Lessor, without written notice abatement, deduction, claim or offset, and without prior Notice, invoice or demand, and without deduction or offset, at Landlord’s address for payment of Rent set forth in lawful money Item 1 of the United States of America Basic Lease Provisions or at Lessor’s Address such place as set forth on Page One of this Lease, or to such other address as Lessor Landlord may from time to time designate in writingdesignate. Lessee hereby acknowledges that late Tenant’s payment by Lxxxxx of Monthly Rent or other sums due hereunder will cause Lessor for the first (1st) month of the Term for which Monthly Rent is payable shall be delivered to incur costs not contemplated by Landlord concurrently with Xxxxxx’s execution of this Lease. Notwithstanding anything to the contrary contained herein and provided that Tenant faithfully performs all of the terms and conditions of this Lease, and no default by Tenant occurs hereunder beyond any applicable notice and cure period, Landlord hereby agrees that Tenant shall not be required to pay Monthly Rent for months eight (8) through twelve (12), inclusive, of the exact initial Term (the “Abatement Period”). The total amount of which will Monthly Rent abated during the Abatement Period shall not exceed $99,943.00. During the Abatement Period, Tenant shall still be extremely difficult to ascertainresponsible for the payment of all of its other monetary obligations under this Lease including all Additional Rent. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor In the event of a default by Tenant under the terms of any mortgage or trust deed covering the Leased Premises. Accordingly, if any installment of Monthly Rent or any other sums due from Lessee shall not be received by Lessor when due, Lessee shall pay to Lessor a late charge equal to 5% of such overdue amount. The parties hereby agree this Lease that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lxxxxx. Acceptance of such late charges by Lessor shall results in no event constitute a waiver of Lxxxxx’s default with respect to such overdue amount or prevent Lessor from exercising any of the other rights and remedies granted hereunder. Any amount due to Lessor, if not paid when due, shall bear interest from such date until paid at the rate of 10% per annum. Payment of interest shall not excuse or cure any default hereunder by Lxxxxx. As used on the first page termination of this Lease and elsewhere hereinin accordance with the provisions of Article XIX hereof, the term “Lease Year” shall mean then as a period of 365 consecutive days. The first Lease year shall commence on the first day part of the Term recovery set forth in Article XV of this Lease and succeeding Lease Years Lease, Landlord shall commence annually thereafterbe entitled to the immediate recovery, as of the day prior to such termination, of the Monthly Rent that was abated under the provisions of this Section 4.1.

Monthly Rent. Throughout Commencing on the Term of this LeaseCommencement Date, Lessee will pay Monthly Rent to Lessor for the Leased Premises. Monthly Base Rent shall consist of Base Monthly Rent as set forth on Page One of this Lease together with all additional rent (“Additional Rent”) required to be paid by Lessee to Lessor pursuant to Paragraph 6 below Monthly Rent will be paid monthly in advance on or before the first day of each calendar month in accordance with the schedule set forth in Section 1. The Base Rent shall not be adjusted or modified if the actual rentable square footage of the Term. Date of payment is agreed by Premises varies from the parties to this Lease to be the date of postmark on the envelope containing the rent From us Post office payment, which will be mailed to Lessor each monthrentable square footage set forth in Section 1. If the Term commences Commencement Date shall be on a any day other than the first day of a calendar month, Base Rent for any partial month shall be prorated based on the number of days in that month. Unless otherwise provided herein, commencing on the Commencement Date, Additional Rent shall be paid monthly in advance on or ends before the first day of each calendar month. If the Commencement Date shall be on a any day other than the last first day of a calendar month, Additional Rent for any partial month then Monthly Rent will shall be prorated by Lessor based on the actual number of calendar days in such that month. Monthly Rent will shall be paid to LessorLandlord, without written notice or demand, and without deduction or offset, in lawful money of the United States of America America, at LessorLandlord’s Remittance Address as set forth on Page One of this Lease, in Section 1 or to such other address as Lessor Landlord may from time to time designate in writing. Lessee hereby Tenant acknowledges that the late payment by Lxxxxx of Monthly Rent or other sums due hereunder will shall cause Lessor Landlord to incur costs not contemplated by this Lease, the exact amount of which will shall be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor Landlord by the terms of any mortgage or trust deed covering the Leased PremisesProperty. Accordingly, if any installment of Monthly Rent or any other sums due from Lessee Tenant shall not be received by Lessor Landlord within five (5) business days of when due, Lessee Tenant shall pay to Lessor Landlord a late charge equal to five percent (5% %) of such overdue amount. In addition, any amount due to Landlord, if not paid when due, shall bear interest from the date due until paid at the lesser of: (i) the Prime Rate (as hereinafter defined) plus five percent (5%) per annum, or (ii) the highest rate permitted by law (the “Default Rate”). The term “Prime Rate” shall mean the Prime Rate as published in The Wall Street Journal from time to time. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs Lessor will Landlord shall incur by reason of late payment by LxxxxxTenant. Acceptance The acceptance of such late charges by Lessor Landlord shall in no event constitute a waiver of LxxxxxTenant’s default with respect to such the overdue amount or prevent Lessor Landlord from exercising any of the other rights and remedies granted hereunder. Any amount Notwithstanding anything to the contrary in this Lease, Tenant shall pay the first full monthly installment of Rent due to Lessorhereunder (i.e. Rent for the first complete month of the Term, or, if not paid when dueapplicable, shall bear interest from such date until paid at the rate of 10% per annum. Payment of interest shall not excuse or cure any default hereunder by Lxxxxx. As used on for the first page complete month following any initial abatement period) simultaneously with Tenant’s execution and delivery of this Lease and elsewhere herein, the term “Lease Year” shall mean a period of 365 consecutive days. The first Lease year shall commence on the first day of the Term of this Lease and succeeding Lease Years shall commence annually thereafterLease.

Monthly Rent. Throughout the Term of this Lease, Lessee will pay Monthly Rent to Lessor for the Leased Premises. Monthly Rent shall consist of Base Monthly Rent as set forth on Page One of this Lease together with all additional rent (“Additional Rent”) required to be paid by Lessee to Lessor pursuant to Paragraph 6 below below. Monthly Rent will be paid in advance on or before the first day of each calendar month of the Term. Date of payment is agreed by the parties to this Lease to be the date of postmark on the envelope containing the rent From us Post office payment, which will be mailed to Lessor each month. If the Term commences 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 month, then Monthly Rent will be prorated by Lessor based on the actual number of calendar days in such month. Monthly Rent will be paid to Lessor, without written notice or demand, and without deduction or offset, in lawful money of the United States of America at Lessor’s Address as set forth on Page One of this Lease, or to such other address as Lessor may from time to time designate in writing. Lessee hereby acknowledges that late payment by Lxxxxx Lessee of Monthly Rent or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Leased Premises. Accordingly, if any installment of Monthly Rent or any other sums due from Lessee shall not be received by Lessor when due, and after application of any grace period, Lessee shall pay to Lessor a late charge equal to 53% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by LxxxxxLessee. Acceptance of such late charges by Lessor shall in no event constitute a waiver of LxxxxxLessee’s default with respect to such overdue amount or prevent Lessor from exercising any of the other rights and remedies granted hereunder. Any amount due to Lessor, if not paid when due, and after application of any grace period, shall bear interest from such date until paid at the rate of 10% per annum. Payment of interest shall not excuse or cure any default hereunder by LxxxxxLessee. As used on the first page of this Lease and elsewhere herein, the term “Lease Year” shall mean a period of 365 consecutive days. The first Lease year shall commence on the first day of the Term of this Lease and succeeding Lease Years shall commence annually thereafter. The above notwithstanding, Lessee shall be entitled to one (1) late payment per calendar year without application of the 3% late charge. This one-time per calendar year waiver shall only apply to the 3% late charge for the month on which it is being waived and shall not, in any way, constitute a waiver of any rights under this Lease with respect to the 3% late charge or otherwise.

Monthly Rent. Throughout a. Commencing on the Term Rent Commencement Date for each Increment of this Leasethe Premises, Lessee will pay Monthly Rent to Lessor for the Leased Premises. Monthly Rent shall consist of Base Monthly Rent as set forth on Page One of this Lease together with all additional rent (“Additional Rent”) required to be paid by Lessee to Lessor pursuant to Paragraph 6 below Monthly Rent will be paid in advance on or before the first day of each calendar month of during the Termterm hereof, Tenant shall pay to Landlord, as monthly rent for such Increment, the Monthly Rent specified in Paragraph 2.c. Date of payment is agreed by the parties to this Lease to be the date of postmark on the envelope containing the rent From us Post office payment, which will be mailed to Lessor each monthabove. If the Term commences Rent Commencement Date for any Increment occurs on a day other than the first day of a calendar month month, or ends if the term of this Lease terminates on a day other than the last day of a calendar month month, then the Monthly Rent will payable for the relevant Increment(s) for such partial month shall be appropriately prorated by Lessor based on the actual number basis of calendar days in such a thirty (30)-day month. Monthly Rent will and the Additional Rent specified in Paragraph 7 shall be paid by Tenant to LessorLandlord, in advance, without written deduction, offset, prior notice or demand, and without deduction or offset, in immediately available funds of lawful money of the United States of America America, or by good check as described below, at Lessor’s Address as set forth on Page One the office of this LeaseShorenstein Company, L.P., at 000 Xxxxxxxxxx Xxxxxx, 00xx xxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000, or to such other address person or at such other place as Lessor Landlord may from time to time designate in writing. Lessee hereby acknowledges Payments made by check must be drawn either on a California financial institution or on a financial institution that late payment is a member of the federal reserve system. Notwithstanding the foregoing, if the Rent Commencement Date for any Increment is delayed as a result of a Tenant Delay, then Tenant's obligation to pay rent for such Increment shall be accelerated by Lxxxxx the number of Monthly Rent or other sums due hereunder will cause Lessor days of such delay. Further, notwithstanding the foregoing, Tenant shall pay to incur costs not contemplated by Landlord with Xxxxxx's execution of this Lease, the exact an amount of which will be extremely difficult equal to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Leased Premises. Accordingly, if any installment of one (1) month's Monthly Rent or any other sums hereunder for the Premises, which amount shall be applied to the Monthly Rent first due from Lessee shall not be received by Lessor when due, Lessee shall pay to Lessor a late charge equal to 5% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lxxxxx. Acceptance of such late charges by Lessor shall in no event constitute a waiver of Lxxxxx’s default with respect to such overdue amount or prevent Lessor from exercising any of the other rights and remedies granted payable hereunder. Any amount due to Lessor, if not paid when due, shall bear interest from such date until paid at the rate of 10% per annum. Payment of interest shall not excuse or cure any default hereunder by Lxxxxx. As used on the first page of this Lease and elsewhere herein, the term “Lease Year” shall mean a period of 365 consecutive days. The first Lease year shall commence on the first day of the Term of this Lease and succeeding Lease Years shall commence annually thereafter.

Monthly Rent. Throughout the Term of this Lease, Lessee Tenant will pay Monthly Rent "Rent" to Lessor Landlord for the Leased Premises. Monthly Rent shall consist of monthly Base Monthly Rent as set forth on Page One of this Lease in Section 1 together with all additional rent (“"Additional Rent”) " required to be paid by Lessee Tenant to Lessor Landlord pursuant to Paragraph 6 below Monthly this Lease. Commencing on the Rent Commencement Date, Base Rent will be paid monthly in advance on or before the first day of each calendar month month. So long as no Event of Default is continuing beyond any applicable grace and cure periods, Base Rent shall be (i) fully abated during the first six (6) months of the Term. Date of payment is agreed Term following the Rent Commencement Date; (ii) abated by the parties Abatement Percentage during months seven (7) through nineteen (19) following the Rent Commencement Date (the “Abated Rent”). For purposes herein, the “Abatement Percentage” is 35.41%, calculated as 1 minus (500,000 / rentable square footage of Premises), stated as a percentage, rounded to this Lease to be the date nearest tenth of postmark on the envelope containing the rent From us Post office payment, which will be mailed to Lessor each monthone percent. If the Term commences Rent Commencement Date shall be on a any day other than the first day of a calendar month, Base Rent for the partial month or ends on a day other than the last day of a calendar month then Monthly Rent will shall be prorated by Lessor based on the actual number of calendar days in such that month. Monthly Commencing on the Rent Commencement Date, Operating Expenses and Taxes will be paid monthly in advance on or before the first day of each calendar month, as hereinafter provided. Rent will be paid to LessorLandlord, without written notice or demand, and without deduction or offset, in lawful money of the United States of America America, at Lessor’s Landlord's Remittance Address as set forth on Page One of this Lease, in Section 1 or to such other address as Lessor Landlord may from time to time designate in writing. Lessee Tenant hereby acknowledges that the late payment by Lxxxxx Xxxxxx of Monthly Rent or other sums due hereunder will cause Lessor Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor Landlord by the terms of any mortgage or trust deed covering the Leased Premises. Accordingly, if any installment of Monthly Rent or any other sums due from Lessee Tenant shall not be received by Lessor Landlord within five (5) business days of when due, Lessee Tenant shall pay to Lessor Landlord a late charge equal to 5% ten percent (10%) of such overdue amount. In addition, any amount due to Landlord, if not paid within five (5) business days of when due, shall bear interest from the due date until paid at the rate of ten percent (10%) per annum. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs Lessor Landlord will incur by reason of late payment by LxxxxxXxxxxx. Acceptance The acceptance of such late charges by Lessor Landlord shall in no event constitute a waiver of Lxxxxx’s Tenant's default with respect to such overdue amount or prevent Lessor Landlord from exercising any of the other rights and remedies granted hereunder. Any amount due Notwithstanding anything to Lessorthe contrary in this Lease, if not paid when due, shall bear before assessing a late charge or interest from such date until paid at the rate of 10% per annum. Payment of interest shall not excuse or cure any default hereunder by Lxxxxx. As used on for the first page of this Lease and elsewhere hereintime in any twelve (12) month period, the term “Lease Year” Landlord shall mean a period of 365 consecutive days. The first Lease year shall commence on the first day provide Tenant written notice of the Term delinquency, and shall waive such late charge and interest if Tenant pays such delinquency within five (5) days following delivery of this Lease and succeeding Lease Years shall commence annually thereaftersuch notice of delinquency.

Monthly Rent. Throughout If the Term ROFO Exercise Notice is delivered during the first nine (9) months of this Leasethe initial Lease term, Lessee will pay then the rent commencement date for Monthly Rent to Lessor for the Leased PremisesFirst Offer Space under Paragraphs 2.c. and 5 of the Lease (the “First Offer Space Rent Commencement Date”) shall be the earlier of (i) the date four (4) months after the First Offer Space is delivered to Tenant in the required condition and (ii) the date Tenant commences business in any portion of the First Offer Space, provided that such Monthly Rent shall consist of Base be fully abated for the first two (2) months following the First Offer Space Rent Commencement Date. The Monthly Rent shall be at the rate per rentable square foot that Tenant pays for the original Premises under Paragraph 2.c. above, as set forth on Page One of this Lease together with all additional rent (“Additional Rent”) required to be paid by Lessee to Lessor pursuant to Paragraph 6 below Monthly Rent will be paid in advance on or before the first day of each calendar month of the Term. Date of payment is agreed by the parties to this Lease to be the date of postmark on the envelope containing the rent From us Post office payment, which will be mailed to Lessor each month. If the Term commences 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 Monthly Rent will be prorated by Lessor based on the actual number of calendar days in such month. Monthly Rent will be paid to Lessor, without written notice or demand, and without deduction or offset, in lawful money of the United States of America at Lessor’s Address as set forth on Page One of this Lease, or to such other address as Lessor may same adjusts from time to time designate (which such rate applying to the entire rentable square footage of the First Offer Space, without any phase-in writingof rentable square footage). Lessee hereby acknowledges that late payment by Lxxxxx of If the ROFO Exercise Notice is delivered after such 9-month period, then the Monthly Rent or other sums due hereunder will cause Lessor to incur costs not contemplated payable by this Lease, the exact amount of which will be extremely difficult to ascertainTenant under Paragraphs 2.c. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Leased Premises. Accordingly, if any installment of Monthly Rent or any other sums due from Lessee shall not be received by Lessor when due, Lessee shall pay to Lessor a late charge equal to 5% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lxxxxx. Acceptance of such late charges by Lessor shall in no event constitute a waiver of Lxxxxx’s default with respect to such overdue amount or prevent Lessor from exercising any of the other rights and remedies granted hereunder. Any amount due to Lessor, if not paid when due, shall bear interest from such date until paid at the rate of 10% per annum. Payment of interest shall not excuse or cure any default hereunder by Lxxxxx. As used on the first page 5 of this Lease for the First Offer Space shall be the fair market rent for the First Offer Space (as provided below) and elsewhere hereinTenant shall only receive a free rent period for purposes of constructing improvements in the First Offer Space if then fair market leasing terms include such a free rent period. For purposes of this paragraph, the term “Lease Yearfair market rent” shall mean a period of 365 consecutive dayshave the meaning set forth in Paragraph 59.b. below, with references therein to the “Premises” being deemed to refer to the First Offer Space and disregarding any provisions which by their nature pertain only to the renewal term. The first Lease year fair market rent for the First Offer Space (and the fair market free rent period and/or an improvement allowance, if any) shall commence be mutually agreed upon by Landlord and Tenant in writing within the thirty (30) day period commencing on the first day date of Tenant’s delivery of the Term ROFO Exercise Notice, but no sooner than three (3) months prior to the date the First Offer Space is to be added to this Lease. If Landlord and Tenant are unable to agree upon the fair market rent (and other market terms expressly referenced above) within such thirty (30)-day period, the fair market rent and such other market terms shall be established by appraisal in accordance with the procedures set forth in Paragraph 59.c. below. Notwithstanding anything to the contrary above, in no event shall the Monthly Rent per rentable square foot of the First Offer Space be less, at any time, than the aggregate of the amounts of Monthly Rent and Additional Rent payable by Tenant per rentable square foot of the original Premises under Paragraphs 2, 5 and 7 of this Lease and succeeding for the subject period. If the fair market rent is not established prior to the commencement of the Lease Years as to the First Offer Space, then Tenant shall commence annually thereafterpay as Monthly Rent the minimum Monthly Rent for the First Offer Increment (as provided for above in this Paragraph 58.d.) and, as soon as the fair market rent is determined, Tenant shall immediately pay to Landlord any deficiency in the amount paid by Tenant during such period.

Monthly Rent. Throughout the Term of this Lease, Lessee will Tenant shall pay Monthly Rent to Lessor for the Leased Premises. Monthly Rent shall consist of Base Monthly Rent as set forth on Page One of this Lease together with all additional rent (“Additional Rent”) required to be paid by Lessee to Lessor pursuant to Paragraph 6 below Monthly Rent will be paid in advance on or before the first day of each calendar month of the Term. Date of payment is agreed by the parties to this Lease to be the date of postmark on the envelope containing the rent From us Post office payment, which will be mailed to Lessor each month. If the Term commences 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 Monthly Rent will be prorated by Lessor based on the actual number of calendar days in such month. Monthly Rent will be paid to Lessor, without written notice or demand, and without deduction or offsetLandlord, in lawful money of the United States States, Monthly Rent as follows: commencing on the Commencement Date, and continuing through the balance of America at Lessor’s Address the Term (subject to adjustment pursuant to Paragraph 5.B), the initial Monthly Rent shall equal that amount calculated pursuant to the Build to Suit Agreement as set forth on Page One of this Leasethe Monthly Rent for the Building. Tenant shall have no obligation to pay Monthly Rent before the Commencement Date. Until the Monthly Rent is established under the Build to Suit Agreement, or the Monthly Rent shall be deemed to such other address as Lessor may equal that amount designated from time to time designate in writing. Lessee hereby acknowledges that late payment writing by Lxxxxx of Monthly Rent or other sums due hereunder will cause Lessor Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Leased Premises. Accordingly, if any installment of Monthly Rent or any other sums due from Lessee shall not be received by Lessor when due, Lessee shall pay to Lessor a late charge equal to 5% of such overdue amount. The parties hereby agree that such late charge represents a fair and Tenant as Landlord's reasonable estimate of the costs Lessor amount of Monthly Rent that will incur by reason of late payment by Lxxxxx. Acceptance of such late charges by Lessor shall in no event constitute a waiver of Lxxxxx’s default with respect be established under the Build to such overdue amount or prevent Lessor from exercising any Suit Agreement upon completion of the other rights construction of the Building (collectively, the "Estimated Monthly Rent"), based upon Landlord's estimate of the Development Costs (as defined in the Build to Suit Agreement) that have been or will be incurred in constructing the Building. Upon the final establishment of the initial Monthly Rent in accordance with the Build to Suit Agreement, Landlord and remedies granted hereunder. Any amount due Tenant shall each execute an addendum to Lessor, if not paid when due, shall bear interest from such date until paid at the rate of 10% per annum. Payment of interest shall not excuse or cure any default hereunder by Lxxxxx. As used on the first page of this Lease and elsewhere hereinsetting forth the initial Monthly Rent under this Lease. If as of the date the initial Monthly Rent under this Lease is established (the "Rent Establishment Date"), the term “aggregate amount of Estimated Monthly Rent previously paid by Tenant exceeds the aggregate amount of Monthly Rent payable under this Lease Year” shall mean a period of 365 consecutive daysfrom the Commencement Date to the Rent Establishment Date, then Landlord may elect, in its sole discretion, to either refund such excess to Tenant within thirty (30) days after the Rent Establishment Date, or offset such overpayment against Rent due or remaining due under this Lease. The first Lease year shall commence on the first day If as of the Term Rent Establishment Date the aggregate amount of this Lease and succeeding Lease Years shall commence annually thereafter.Estimated Monthly Rent previously paid by Tenant is less than the

Monthly Rent. Throughout Tenant’s obligation to pay Monthly Rent shall commence on the Commencement Date and continue until the expiration of the Term of this Lease, Lessee will pay . Xxxxxxxx does hereby irrevocably authorize and direct Tenant to make all payments of Monthly Rent directly to Lessor for the Leased PremisesTrustee. The first payment of Monthly Rent shall consist of Base Monthly Rent as set forth on Page One of this Lease together with all additional rent (“Additional Rent”) required to be paid by Lessee the Tenant to Lessor pursuant the Trustee on the Commencement Date, and shall be prorated for the remainder of the month in which the Commencement Date occurs in the event that the Commencement Date is not the first day of a month. Beginning with the first month following the Commencement Date, Tenant shall pay to Paragraph 6 below Monthly Rent will be paid the Trustee at the Trustee’s address set forth in Section 33.7 and without deduction, offset, prior notice or demand in advance on or before the first day of each calendar month of during the Term. Term an amount equal to Monthly Rent; provided, however, that the Monthly Rent payments immediately following the Commencement Date of payment is agreed may be reduced, based upon reports provided by the parties Trustee, by amounts on hand in the Bond Fund and available to this Lease pay principal on the Bonds in which event the Trustee shall prepare a revised Schedule of Monthly Rent which shall be substituted for the Schedule of Monthly Rent currently annexed hereto as Exhibit A. Semiannually (expected to be the date Monthly Rent payments due on January 1 and July 1), the amount of postmark Monthly Rent payable for such month shall be reduced by an amount equal to the interest earnings adjustment referenced in the following sentence which is available to pay principal and interest on the envelope containing Bonds. The Indenture shall provide that Monthly Rent paid by the rent From us Post office paymentTenant prior to the date due shall be deposited by the Trustee in the Revenue Fund and shall be invested at the direction of the Landlord until such funds are disbursed to Bond Owners. Tenant acknowledges that time is of the essence in payment of Monthly Rent since Landlord intends to use Monthly Rent to make principal and interest payments on the Bonds. For recordkeeping purposes, which Landlord shall provide Tenant with monthly invoices on or before the 23rd day of each month during the Term setting forth the amount of Monthly Rent due for the following month, and, based upon accumulated interest earnings in the Revenue Fund reported by the Trustee to the Landlord, the invoice setting forth the amount of Monthly Rent due shall be adjusted semiannually (expected to be the January 1 and July 1 Monthly Rent payments) to take into account accumulated interest earnings in the Revenue Fund so that the amount paid by the Tenant for such month(s) together with accumulated interest earnings will be mailed equal to Lessor each month. If the Term commences 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 Monthly Rent will be prorated by Lessor based amount due for such month as set forth on the actual number Schedule of calendar days Monthly Rent annexed hereto as Exhibit A. All such invoices shall be sent to Tenant at the address set forth in such monthSection 33.7 below, attention Department Facilities Manager. Monthly Rent will for any partial month shall be prorated on a daily basis at the rate of 1/30 of the Monthly Rent. All payments of Rent under this Lease shall be paid to Lessor, without written notice or demand, and without deduction or offset, in lawful money of the United States and in immediately available funds. In the event that the date on which Rent is due is not a Business Day, such Rent shall be due on the preceding Business Day. The aggregate Monthly Rent allocable to the payment of America at Lessor’s Address the aggregate principal amount of the Bonds shall not exceed $_ . The parties understand and agree that the amount of Monthly Rent payable under this Lease during the Term shall be equal to the amount of debt service payable under the Bonds, which Monthly Rent cannot be finally determined until the Bonds are sold, but that annual Monthly Rent payable under this Lease during any Lease Year shall not exceed the aggregate estimated amount of Monthly Rent for such Lease Year as set forth on Page One the estimated schedule of Monthly Rent attached hereto as Exhibit A. Once the Bonds are sold, the Underwriters shall prepare and submit to Landlord, Tenant and Trustee the final schedule of Monthly Rent which shall include Monthly Rent that on an aggregate basis in any Lease Year does not exceed the aggregate amount of Monthly Rent payable in such Lease Year as set forth in the estimated schedule of Monthly Rent. Such schedule of Monthly Rent shall be substituted for the estimated schedule of Monthly Rent attached to this LeaseLease as Exhibit A on the Effective Date. Thereafter all references in this Lease to Monthly Rent shall mean the amount of Monthly Rent as set forth on the revised schedule of Monthly Rent which shall be attached to this Lease as Exhibit A, or to as such other address as Lessor schedule may hereafter be revised from time to time designate in writingaccordance with the provisions of this Lease. Lessee hereby acknowledges that late payment by Lxxxxx So long as no Event of Default has occurred and is continuing under this Lease, Tenant shall have the right to direct Landlord to select maturities of Bonds to be optionally redeemed pursuant to Section 3.01(a) of the Indenture, to apply amounts redeemed against scheduled mandatory redemption payments pursuant to Section 3.01(b) of the Indenture, to direct the purchase of Bonds for cancellation pursuant to Section 3.05 of the Indenture, and to direct the issuance of Future Parity Bonds pursuant to Section 2.08 of the Indenture. The schedule of Monthly Rent (Exhibit A) amended by agreement of Landlord and Tenant to reflect such redemption, purchase for cancellation or other sums due hereunder will cause Lessor to incur costs not contemplated by this Leaseissuance of Future Parity Bonds, shall be substituted for the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Leased Premises. Accordingly, if any installment schedule of Monthly Rent or any other sums due from Lessee shall not be received by Lessor when due, Lessee shall pay then attached to Lessor a late charge equal to 5% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment by Lxxxxx. Acceptance of such late charges by Lessor shall in no event constitute a waiver of Lxxxxx’s default with respect to such overdue amount or prevent Lessor from exercising any of the other rights and remedies granted hereunder. Any amount due to Lessor, if not paid when due, shall bear interest from such date until paid at the rate of 10% per annum. Payment of interest shall not excuse or cure any default hereunder by Lxxxxx. As used on the first page of this Lease and elsewhere herein, the term “Lease Year” shall mean a period of 365 consecutive days. The first Lease year shall commence on the first day of the Term of this Lease and succeeding Lease Years shall commence annually thereafterLease.

Monthly Rent. Throughout Subtenant shall pay Sublandlord the Term of this Lease, Lessee will pay monthly rent (“Monthly Rent”) for the Subleased Premises as follows: Period Monthly Rent to Lessor for the Leased Premises. July 1, 2007 – June 30, 2008 $ 44,670.00 July 1, 2008 – June 30, 2009 $ 47,405.00 Monthly Rent and any additional rent required under this Sublease shall consist of Base Monthly Rent be paid at the times and in the manner as set forth on Page One in the Master Lease to Sublandlord at the following address: Vista Healthplan, Inc., 000 Xxxxx Xxxx Xxxx, Xxxxxxxxx, Xxxxxxx 00000; provided, however, that Subtenant reserves the right, in the event and during the continuation of this Lease together any default by Sublandlord in the payment of rent under the Master Lease, to make all payments of its rental obligations hereunder directly to Master Landlord, and if Subtenant makes such payments directly to Master Landlord, then Subtenant shall concurrently with any payment provide Sublandlord with reasonable evidence thereof. Subtenant shall deliver concurrently with the execution of the Sublease good and negotiable funds representing the Monthly Rent for the first month’s rent. The rental rate shall be inclusive of all additional rent (“Additional Rent”) required to operating expenses and real estate taxes. However, the rental rate shall be exclusive of applicable sales tax, which shall be paid by Lessee Subtenant to Lessor pursuant to Paragraph 6 below Monthly Rent will be paid in advance on or before the first day of Sublandlord with each calendar month of the Term. Date of payment is agreed by the parties to this Lease to be the date of postmark on the envelope containing the rent From us Post office payment, which will be mailed to Lessor each month. If the Term commences 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 Monthly Rent will be prorated by Lessor based on the actual number of calendar days in such month. Monthly Rent will be paid to Lessor, without written notice or demand, and without deduction or offset, in lawful money of the United States of America at Lessor’s Address as set forth on Page One of this Lease, or to such other address as Lessor may from time to time designate in writing. Lessee hereby acknowledges that late payment by Lxxxxx of Monthly Rent at the then applicable tax rate. Operation of the HVAC system beyond the Building Hours, as defined in Paragraph 26 of this Sublease, shall be additional rent not included in the base rental rate and shall be charged at a rate of $40.00 per hour of operation and on a proportional basis for each partial hour of operation. Additionally, Subtenant shall be entitled to install an HVAC system or other sums due hereunder will cause Lessor equipment that serves all or a portion of the Subleased Premises exclusively, provided Subtenant also installs a timer on the system or equipment to incur costs not contemplated by this Lease, permit Landlord’s measurement of Subtenant’s utilization of the exact amount of which will be extremely difficult same as Landlord may require. Subtenant shall reimburse to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor Sublandlord all power consumed by the terms same on an as-billed basis within thirty (30) days of any mortgage or trust deed covering receipt of written invoice, such billing to be based upon the Leased Premises. Accordingly, if any installment following formula: Hours of Monthly Rent or any other sums due from Lessee shall not be received by Lessor when due, Lessee shall pay to Lessor a late charge equal to 5% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of use X wattage for the costs Lessor will incur by reason of late payment by Lxxxxx. Acceptance of such late charges by Lessor shall in no event constitute a waiver of Lxxxxxequipment/1000 X Sublandlord’s default with respect to such overdue amount or prevent Lessor from exercising any of the other rights and remedies granted hereunder. Any amount due to Lessor, if not paid when due, shall bear interest from such date until paid at the rate of 10% per annum. Payment of interest shall not excuse or cure any default hereunder by Lxxxxx. As used on the first page of this Lease and elsewhere herein, the term “Lease Year” shall mean a period of 365 consecutive days. The first Lease year shall commence on the first day of the Term of this Lease and succeeding Lease Years shall commence annually thereafterkilowatt power cost.