Common use of Payment of Rent Clause in Contracts

Payment of Rent. Concurrently with Xxxxxx’s execution of this Lease, Tenant shall pay to Landlord the amount set forth in Section L of the Summary as prepayment of rent for credit against the first installment(s) of Base Monthly Rent. All rent required to be paid in monthly installments shall be paid in advance on the first day of each calendar month during the Lease Term. If the date of an increase in Base Monthly Rent does not fall on the first day of a calendar month, such increase shall become effective on the first day of the next calendar month. All rent shall be paid in lawful money of the United States, without any abatement, deduction or offset whatsoever (except as specifically provided in Sections 5.2, 11.4 and 12.3), and without any prior demand therefor. Rent shall be paid to Landlord at its address set forth in Section R of the Summary, or at such other place as Landlord may designate from time to time. Tenant’s obligation to pay Base Monthly Rent and Xxxxxx’s Share of Common Operating Expenses shall be prorated at the commencement and expiration of the Lease Term. In the event that the Lease Term commences on a date other than the first day of a calendar month, on the Commencement Date Tenant shall pay to Landlord as Base Monthly Rent for the period from such Commencement Date to the first day of the first full calendar month that proportion of the Base Monthly Rent hereunder which the number of days between such Commencement Date and the first day of the next succeeding calendar month bears to thirty (30); the Base Monthly Rent prepaid pursuant to Section L of the Summary shall then be applied to the Base Monthly Rent due for the first full calendar month of the Lease Term. In the event that the Lease Term is terminated for any reason on a date other than the last day of a calendar month, on the first day of the last calendar month of the Lease Term Tenant shall pay to Landlord as Base Monthly Rent for the period from said first day of said last calendar month to and including the last day of the Lease Term that proportion of the monthly Base Monthly Rent hereunder which the number of days between said first day of said last calendar month and the last day of the term hereof bears to thirty (30).

Payment of Rent. Concurrently with Xxxxxx’s execution of this Lease, Tenant shall pay to Landlord the amount set forth in Section L of the Summary as prepayment of rent for credit against the first installment(s) of Base Monthly Rent. All rent required to be paid in monthly installments shall be paid in advance on the first day of each calendar month during the Lease Term. If the date of an increase in Base Monthly Rent does not fall on the first day of a calendar month, such increase shall become effective on the first day of the next calendar month. All rent shall be paid in lawful money of the United StatesStates of America without deduction or offset, without any prior notice, abatement, deduction or offset whatsoever (demand, as set forth in Section 12.1, except as specifically otherwise provided in Sections 5.2, 11.4 herein. Tenant's obligation to pay Basic Rent shall commence on the Commencement Date and 12.3), and without any prior demand therefor. Basic Rent shall be paid to Landlord at its address set forth in Section R advance of the Summary, or at such other place as Landlord may designate from time to time. Tenant’s obligation to pay Base Monthly Rent and Xxxxxx’s Share of Common Operating Expenses shall be prorated at the commencement and expiration of the Lease Term. In the event that the Lease Term commences on a date other than the first day of a calendar month, on the Commencement Date and on the first (1st) day of each succeeding calendar month until the end of the Term. Basic Rent for any period during the Term which is for less than one (1) full month shall be a pro-rata portion of the monthly Basic Rent payment. Tenant acknowledges that late payment by Tenant to Landlord of Basic Rent or any other payment due Landlord will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impracticable to fix. Such costs include without limitation processing and accounting charges and late charges (if any) that may be imposed on Landlord by the terms of any encumbrance and note secured by any encumbrance covering the Premises. Therefore, if any installment of Basic Rent or other payment due from Tenant is not received by Landlord within six (6) business days following the due date, Tenant shall pay to Landlord as Base Monthly Rent for the period from such Commencement Date Landlord, in addition to the first day Rent due and in addition to interest thereon as provided in Section 12.1, an additional sum of five percent (5%) of the first full calendar month overdue amount as a late charge. The parties agree that proportion this late charge and interest represent a fair and reasonable estimate of the Base Monthly Rent hereunder which costs that Landlord will incur by reason of late payment by Tenant. Acceptance of any late charge shall not constitute a waiver of Tenant's default with respect to the number of days between such Commencement Date and the first day overdue amount, nor prevent Landlord from exercising any of the next succeeding calendar month bears other rights and remedies available to thirty (30); the Base Monthly Rent prepaid pursuant to Section L of the Summary shall then be applied to the Base Monthly Rent due for the first full calendar month of the Lease Term. In the event that the Lease Term is terminated for any reason on a date other than the last day of a calendar month, on the first day of the last calendar month of the Lease Term Tenant shall pay to Landlord as Base Monthly Rent for the period from said first day of said last calendar month to and including the last day of the Lease Term that proportion of the monthly Base Monthly Rent hereunder which the number of days between said first day of said last calendar month and the last day of the term hereof bears to thirty (30)Landlord.

Payment of Rent. Concurrently If the Market Rent has not been agreed or determined in accordance with Xxxxxx’s execution of this Lease, clause 7 by the Relevant Review Date then the Annual Rent payable immediately prior to that Relevant Review Date shall continue to be payable until such agreement or determination and within 14 days after such agreement or determination the Tenant shall pay to Landlord the amount set forth in Section L of balance due (being the Summary as prepayment of rent for credit against shortfall between the first installment(s) of Base Monthly Rent. All rent required to be Annual Rent actually paid in monthly installments shall be paid in advance on from the first day of each calendar month during the Lease Term. If the date of an increase in Base Monthly Rent does not fall on the first day of a calendar month, such increase shall become effective on the first day of the next calendar month. All rent shall be paid in lawful money of the United States, without any abatement, deduction or offset whatsoever (except as specifically provided in Sections 5.2, 11.4 and 12.3), and without any prior demand therefor. Rent shall be paid to Landlord at its address set forth in Section R of the Summary, or at such other place as Landlord may designate from time to time. Tenant’s obligation to pay Base Monthly Rent and Xxxxxx’s Share of Common Operating Expenses shall be prorated at the commencement and expiration of the Lease Term. In the event that the Lease Term commences on a date other than the first day of a calendar month, on the Commencement Date Tenant shall pay to Landlord as Base Monthly Rent for the period from such Commencement Date to the first day of the first full calendar month that proportion of the Base Monthly Rent hereunder which the number of days between such Commencement Relevant Review Date and the first day of the next succeeding calendar month bears to thirty (30); the Base Monthly Market Rent prepaid pursuant to Section L of the Summary shall then be applied to the Base Monthly Rent due for the first full calendar month of the Lease Term. In the event as agreed or determined payable from that the Lease Term is terminated for any reason on a date other than the last day of a calendar month, on the first day of the last calendar month of the Lease Term Tenant shall pay to Landlord as Base Monthly Rent for the period from said first day of said last calendar month Relevant Review Date up to and including the last day preceding the next ensuing quarter day) together with interest at 3% below Interest on such balance calculated on a daily basis and payable from the Relevant Review Date until the date of actual payment provided that in the event of such balance of rent or interest being outstanding at the expiration of the Lease Term that proportion period of 28 days after the agreement or determination of the monthly Base Monthly Market Rent hereunder then Interest will be forthwith payable thereon. Statutory rent restrictions If at any of the Review Dates the Landlord is required to comply with any enactment which restricts or modifies the number Landlord’s right herein to revise the Annual Rent or which shall restrict the Landlord’s right to demand or accept payment of days between said first day the full amount of said last calendar month the Annual Rent for the time being payable under this Lease then on each occasion that any such enactment is removed relaxed or modified the Landlord may on giving written notice to the Tenant call for a review of the Annual Rent as from the date of such notice (or such later date as may be specified therein) and the last day Annual Rent from such date to the next succeeding Review Date shall be determined in accordance with this clause 7 as though the date of such notice (or such later date as may be specified therein) were the Relevant Review Date. Rent review memorandum Any variation of the term Annual Rent pursuant to this clause 7 shall when agreed or determined be recorded by a memorandum endorsed upon or annexed to this Lease and the counterpart hereof bears signed on behalf of the Landlord and the Tenant and each party shall bear its own costs in respect thereof. Time not of the essence Any delay in seeking the appointment of a valuer shall in no way prejudice the right to thirty (30)review the Annual Rent and time shall not be of the essence in respect of any dates or periods mentioned in this clause 7.

Payment of Rent. Concurrently with Xxxxxx’s As used in this Lease, "Rent" shall mean the Base Rent, the Operating Expense reimbursements pursuant to Section 5.01, the Parking Rent pursuant to Section 17.14 hereof, and all other monetary obligations provided for in this Lease to be paid by Tenant, all of which shall constitute rental in consideration for this Lease and the leasing of the Premises. Without invoice or other notice from Landlord, Tenant shall send Base Rent and other sums due hereunder in legal tender of the United States of America to Landlord at the address set forth in Section 1.01(o) or to such other person or at such other address as Landlord may from time to time designate in writing. The Rent shall be paid without notice, demand, abatement, deduction, or offset except as may be expressly set forth in this Lease. Upon execution of this Lease, Tenant shall pay to Landlord the an amount set forth equal to one months rent as described in Section L 1.01(l) and any such amount shall be applied to this first month's rent due hereunder. Landlord shall, at its option, have the right to collect from Tenant, ten cents ($.10) for each dollar ($1.00) of each installment of Rent which is not received within five (5) days of its due date for any reason whatsoever and Tenant agrees to pay such amount immediately on demand as liquidated damages to cover the additional costs of collecting and processing such late payments. Tenant acknowledges that the late payment by Tenant to Landlord of Rent due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and such late charges represent a fair and reasonable estimate of the Summary as prepayment cost that Landlord will incur by reason of rent for credit against the first installment(slate payment by Tenant. If such failure to pay Rent continues beyond a five (5) day period, any and all due and unpaid Rent shall bear interest at the lesser of Base Monthly Rent(i) eighteen percent (18%) per annum, or (ii) the maximum non-usurious rate allowed by applicable law (the "Default Interest Rate"), from the date such Rent became due until the date such Rent is received by Landlord. All rent required to be paid in monthly installments Such interest shall be paid in advance on the first day immediately due and payable as additional Rent hereunder. The collection of each calendar month during the Lease Term. If the date of an increase in Base Monthly Rent does not fall on the first day of a calendar month, such increase shall become effective on the first day of the next calendar month. All rent late charge and/or such interest by Landlord shall be paid in lawful money addition to and cumulative of any and all other remedies available to Landlord. It is the United Statesintention of Landlord and Tenant to conform to all applicable laws concerning the contracting for, without any abatement, deduction or offset whatsoever (except as specifically provided in Sections 5.2, 11.4 charging and 12.3), and without any prior demand therefor. Rent shall be paid to Landlord at its address set forth in Section R receiving of the Summary, or at such other place as Landlord may designate from time to time. Tenant’s obligation to pay Base Monthly Rent and Xxxxxx’s Share of Common Operating Expenses shall be prorated at the commencement and expiration of the Lease Terminterest. In the event that any payments of interest required under this Lease are ever found to exceed any applicable limits, Landlord shall credit the amount of any such excess paid by Tenant against any amount owing under this Lease Term commences on or if all amounts owning under this Lease have been paid, Landlord shall refund to Tenant the amount of such excess paid by Tenant. Landlord and Tenant agree that Landlord shall not be subject to any applicable penalties in connection with any such excess interest, it being agreed that any such excess interest contracted for, charged or received pursuant to this Lease shall be deemed a date other than the first day result of a calendar monthbona fide error and a mistake. The obligation of Tenant to pay Rent is an independent covenant, on the Commencement Date Tenant and no act or circumstance, whether constituting a breach of covenant by Landlord or not, shall release or modify Tenant's obligation to pay to Landlord as Base Monthly Rent for the period from such Commencement Date to the first day of the first full calendar month that proportion of the Base Monthly Rent hereunder which the number of days between such Commencement Date and the first day of the next succeeding calendar month bears to thirty (30); the Base Monthly Rent prepaid pursuant to Section L of the Summary shall then be applied to the Base Monthly Rent due for the first full calendar month of the Lease Term. In the event that the Lease Term is terminated for any reason on a date other than the last day of a calendar month, on the first day of the last calendar month of the Lease Term Tenant shall pay to Landlord as Base Monthly Rent for the period from said first day of said last calendar month to and including the last day of the Lease Term that proportion of the monthly Base Monthly Rent hereunder which the number of days between said first day of said last calendar month and the last day of the term hereof bears to thirty (30)Rent.

Payment of Rent. Concurrently with Xxxxxx’s execution of this Lease, Tenant shall pay to Landlord the amount set forth in Section L of the Summary as prepayment of rent for credit against the first installment(s) of Base Monthly Rent. All rent required to be paid in monthly installments shall be paid in advance on the first day of each calendar month during the Lease Term. If the date of an increase in Base Monthly Rent does not fall on the first day of a calendar monthLandlord, or such increase shall become effective on the first day of the next calendar month. All rent shall be paid in lawful money of the United States, without any abatement, deduction other person or offset whatsoever (except as specifically provided in Sections 5.2, 11.4 and 12.3), and without any prior demand therefor. Rent shall be paid to Landlord at its address set forth in Section R of the Summary, entity or at such other place as Landlord may designate from time to timetime direct in writing all amounts due Landlord from Tenant hereunder, including, without limitation, Base Rent, Expense Adjustment and Tax Adjustment (all amounts due hereunder being referred to collectively as “Rent”). Except as specifically provided in this Lease, Rent shall be paid without abatement, deduction or set off of any kind, it being the intention of the parties that, to the full extent permitted by law, Tenant’s covenant to pay Rent shall be independent of all other covenants contained in this Lease, including Tenant’s continued occupancy of the Premises. Except as otherwise expressly set forth herein, Tenant’s obligation hereunder to pay Rent accruing during the Term (whether or not the amount thereof is determined or determinable as of the date of termination or expiration of this Lease) shall survive the termination of this Lease or the surrender of possession of the Premises. All Rent shall be paid (a) by wire transfer of immediately available Federal Reserve Funds (as hereinafter defined) to Landlord or its designee pursuant to the wiring instructions set forth below, which wiring instructions Landlord may change from time to time upon not less than twenty (20) days’ prior notice to Tenant, or (b) by electronic payment (ACH) (“ACH Payment”) of immediately available Federal Reserve Funds to Landlord or its designee pursuant to the payment instructions below; provided, however, (i) Tenant’s election to make any such payments by ACH Payment shall in no event extend or waive Tenant’s obligation to pay Base Monthly ensure that all amounts of Rent are received by Landlord and Xxxxxxavailable as and when due under this Lease (i.e., delays in posting of funds made by ACH Payment shall not relieve Tenant of its obligations to timely make payments under this Lease nor shall such delays be deemed a Force Majeure Cause), and (ii) if more than two (2) payments required to be made by Tenant in any 12-month period are not actually received by Landlord and available as and when due under this Lease due to such payments being made by ACH Payment (e.g., funds are not timely posted and available for Landlord’s Share use or funds are recalled for any reason), Landlord shall have the right, upon ten (10) days’ prior written notice to Tenant, to revoke the right granted hereunder to make any subsequent payments of Common Operating Expenses shall Rent by ACH Payment. Non-recurring installments of Rent may, in addition to being paid by wire transfer or by ACH Payment as set forth above, be prorated paid by Tenant to Landlord in lawful money of the United States of America by good and sufficient check (subject to collection), drawn on a New York City bank that is a member of the Clearing House or a successor thereto, at the commencement and expiration office of Landlord or such other place in the Lease TermUnited States of America as Landlord may designate. In the event that the Lease Term commences on a date other than the first day of a calendar month, on the Commencement Date Tenant shall pay to Landlord as Base Monthly Rent for the period from such Commencement Date to the first day of the first full calendar month that proportion of the Base Monthly Rent hereunder which the number of days between such Commencement Date and the first day of the next succeeding calendar month bears to thirty (30); the Base Monthly Rent prepaid pursuant to Section L of the Summary shall then be applied to the Base Monthly Rent due for the first full calendar month of the Lease Term. In the event that the Lease Term is terminated for any reason on a date other than the last day of a calendar month, on the first day of the last calendar month of the Lease Term Tenant shall pay to Landlord as Base Monthly Rent for the period from said first day of said last calendar month to and including the last day of the Lease Term that proportion of the monthly Base Monthly Rent hereunder which the number of days between said first day of said last calendar month and the last day of the term hereof bears to thirty (30).As used herein,

Payment of Rent. Concurrently with Xxxxxx’s Base Sublease Rent and Additional Sublease Rent (collectively the “Rent”) is payable in advance in equal monthly installments (the amount of monthly Rent so payable to be determined for each year by dividing the then annual Base Sublease Rent by twelve (12) in advance and by dividing the then known Additional Sublease Rent by twelve (12) and adding the two resulting quotients together) on the first calendar day of each month during the Sublease Term, except that the first installment of Rent will be paid by Subtenant to Sublandlord upon execution of this LeaseAgreement on behalf of Subtenant. To the extent that the Sublandlord’s share of the costs for Operating Expenses is modified during any year of the Sublease Term, Tenant shall pay to Landlord the amount set forth in Section L of the Summary as prepayment of rent for credit against the first installment(s) of Base Monthly Rentmonthly Rent payable by Subtenant shall be adjusted to take such modification into account. All rent required to Rent will be paid in monthly installments shall be paid in advance on the first day of each calendar month during the Lease Term. If the date of an increase in Base Monthly Rent does not fall on the first day of a calendar monthwithout notice, such increase shall become effective on the first day of the next calendar month. All rent shall be paid demand, set-off or deduction, in lawful money of the United StatesStates of America, without any abatement, deduction or offset whatsoever (except as specifically provided in Sections 5.2, 11.4 and 12.3), and without any prior demand therefor. Rent shall be paid to Landlord at its the address of Sublandlord for notices set forth in Section R of the Summary, below or at such other place as Landlord Sublandlord may designate from time to timetime designate in writing. Tenant’s obligation to pay Base Monthly Rent and Xxxxxx’s Share of Common Operating Expenses shall be prorated at If the commencement and expiration of the Lease Term. In the event that the Lease Sublease Term commences begins on a date other than the first calendar day of a calendar monthmonth (i.e. the Effective Date), Rent will be prorated on a per diem basis. If during the Commencement Date Tenant Sublease Term, Subtenant shall fail to pay Rent within seven (7) days of when the Rent shall be due and payable, Subtenant shall pay to Landlord Sublandlord as Base Monthly liquidated damages for such late payment, without notice or demand by Sublandlord, a sum equal to ten percent (10%) per annum on the amount of Rent for then due, compounding monthly from the period from due date until paid in full and a $100.00 USD administrative charge. Subtenant and Sublandlord agree that such Commencement Date sums of liquidated damages are fair and reasonable due to the uncertainty of calculating actual damages. Provided further, however, that nothing contained in this Section 5 (c) shall be deemed or construed to be a limitation of or in substitution of Sublandlord’s other rights and remedies as provided under this Agreement, and Sublandlord shall have the right to apply any monies received from Subtenant first day to any deficiency in the payment of the first full calendar month that proportion liquidated damages and any excess thereof to any item of the Base Monthly Rent hereunder which the number of days between such Commencement Date and the first day of the next succeeding calendar month bears to thirty (30); the Base Monthly Rent prepaid pursuant to Section L of the Summary shall then be applied Rent, or any other charge, as Sublandlord may determine. Notwithstanding any other provision hereof to the Base Monthly Rent due contrary, Subtenant’s liability for Rents accruing during the first full calendar month Sublease Term and Sublandlord’s obligation to refund overpayment of Rents paid to it by Subtenant shall survive the Lease Term. In the event that the Lease Term is terminated for any reason on a date other than the last day expiration or sooner termination of a calendar month, on the first day of the last calendar month of the Lease Term Tenant shall pay to Landlord as Base Monthly Rent for the period from said first day of said last calendar month to and including the last day of the Lease Term that proportion of the monthly Base Monthly Rent hereunder which the number of days between said first day of said last calendar month and the last day of the term hereof bears to thirty (30)this Agreement.

Payment of Rent. Concurrently with Xxxxxx’s execution On or before the date which is five (5) business days after the date Landlord notifies Tenant in writing that Landlord has received Original Landlord Consent (which notice shall contain evidence reasonably satisfactory to Tenant of this Leasereceipt of Original Landlord Consent), Tenant shall pay deposit with Landlord a deposit (the "Deposit"), to Landlord be used exclusively for the amount payment of all of Tenant's obligations for Rent (the term "Rent" shall be deemed to include without limitation obligations for Additional Rent and any other payments due by Tenant) under the Lease for the period between the First Amendment Effective Date and the Effective Termination Date, and as otherwise set forth in Section L of the Summary as prepayment of rent for credit against the first installment(s) of Base Monthly Rentherein. All rent required to be paid in monthly installments The Deposit shall be paid in advance on the first day Letter of each calendar month during Credit Amount, as hereinafter defined. The Deposit shall be in the Lease Term. If the date form of an increase unconditional and irrevocable letter of credit (the "Letter of Credit"): (i) substantially in Base Monthly Rent does not fall on the first day of a calendar monthform attached hereto as Exhibit A, such increase shall become effective on the first day of the next calendar month. All rent shall be paid in lawful money of the United States(ii) naming Landlord as beneficiary, without (iii) expressly allowing Landlord to draw upon it at any abatement, deduction or offset whatsoever (except as specifically provided in Sections 5.2, 11.4 and 12.3), and without any prior demand therefor. Rent shall be paid to Landlord at its address set forth in Section R of the Summary, or at such other place as Landlord may designate time from time to timetime by delivering to the issuer notice that Landlord is entitled to draw thereunder, (iv) issued by Deutsche Bank or another FDIC-insured financial institution satisfactory to Landlord, (v) redeemable by presentation of a sight draft in the state of California, and (vi) having an expiration date of March 31, 2004. Tenant’s obligation to pay Base Monthly Rent and Xxxxxx’s Share The "Letter of Common Operating Expenses Credit Amount" shall be prorated at $4,130,000.00, reduced by the commencement and expiration amount of the Lease Term. In the event that the Lease Term commences on a date other than the first day of a calendar monthany payments which Tenant pays, on the Commencement Date Tenant shall pay or has paid, to Landlord as Base Monthly on account of Rent for the period commencing as of June 1, 2003 and ending on the date Tenant delivers the Letter of Credit to Landlord. The Deposit shall be held by Landlord for the payment of Rent under the Lease. Tenant shall continue to be responsible for the payment of its utilities as provided in the Lease. Monthly, on or after the day that Basic Annual Rent is due and payable by Tenant under the Lease, Landlord shall draw from the Letter of Credit an amount equal to Tenant's obligations in respect of Rent (with Rent being Basic Annual Rent and Additional Rent under the Lease, including without limitation any True-Up Payments, as defined in Section 3(F) above) for such Commencement Date month. The Deposit is not intended to be a security deposit. Nevertheless, Tenant hereby waives the first day provisions of any law, now or hereafter in force, which provide that Landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of Rent, to repair damage caused by Tenant or to clean the Premises, it being agreed that Landlord may draw upon the Letter of Credit for the payment of Rent and other charges payable under the Lease, and the Termination Payment, as hereinafter defined. If Tenant exercises the Termination Option, Tenant shall have no further obligation to pay Rent beyond the amount of the first full calendar month that proportion of Deposit, except as expressly set forth herein, whether or not the Base Monthly Rent hereunder which the number of days between such Commencement Date and the first day of the next succeeding calendar month bears to thirty (30); the Base Monthly Rent prepaid pursuant to Section L of the Summary shall then be applied to the Base Monthly Rent due for the first full calendar month of the Lease Term. In the event that the Lease Term Deposit is terminated for any reason on a date other than sufficient to pay for such obligations. If Tenant elects to exercise the last day of a calendar monthTermination Option, on the first day then as of the last calendar month Effective Termination Date, Landlord shall have the right to draw from the Letter of Credit the full remaining amount of the Letter of Credit, which amount shall be deemed to be Additional Rent under the Lease Term payable in consideration of Tenant's exercise of the Termination Option. If Tenant does not elect to exercise the Termination Option, then Landlord shall continue to draw monthly Rent from the Deposit until the Deposit is exhausted, and Tenant shall thereafter pay to Landlord Rent as Base Monthly Rent for set forth in the period from said first day of said last calendar month to and including the last day of the Lease Term that proportion of the monthly Base Monthly Rent hereunder which the number of days between said first day of said last calendar month and the last day of the term hereof bears to thirty (30)Lease.

Payment of Rent. Concurrently with Xxxxxx’s the execution of this LeaseLease by both parties, Tenant shall pay to Landlord the amount set forth in Section L of the Summary as prepayment of rent for credit against the first installment(s) of Base Monthly Rent. All rent required to be paid in monthly installments shall be paid in advance on the first day of each calendar month during the Lease Term. If Section K of the Summary provides that the Base Monthly Rent is to be increased during the Lease Term and if the date of an such increase in Base Monthly Rent does not fall on the first day of a calendar month, such increase shall become effective on the first day of the next calendar month. All rent shall be paid in lawful money of the United States, without any abatement, deduction or offset whatsoever (except as specifically provided in Sections 5.2§11.4, 11.4 §12.3 and 12.3elsewhere in the Lease), and without any prior demand therefor. Rent shall be paid to Landlord at its address set forth in Section R Q of the Summary, or at such other place as Landlord may designate from time to time. Tenant’s obligation to pay Base Monthly Rent and XxxxxxTenant’s Share of Common Operating Expenses shall be prorated at the commencement and expiration of the Lease Term. In Landlord has designated Bank One as Landlord’s third party “Lock Box Provider”. Tenant agrees that all payments made under or in connection with this Lease, other than any initial payments such as the event first month’s rental and security deposits which are to accompany this Lease, are to be sent to the following designated location, or “Lock Box”, where the Lock Box Provider will collect and deposit payments made pursuant to the Lease as a service to Landlord: AEGON USA Realty Advisors, Inc. P. X. Xxx 000000 Xxxxxxxxx, XX 00000-0000 All such payments sent to the Lock Box are to be made payable to: AEGON USA Realty Advisors, Inc. Tenant acknowledges that the Lock Box Provider is Landlord’s representative for the sole purpose of administratively processing and accounting for payments made pursuant to the Lease, and is not authorized to modify or waive any of the provisions of the Lease Term commences on a date other or of these provisions. Landlord reserves the right to change Lock Box Providers, use more than one Lock Box, or cease the first day use of a calendar monthLock Box at any time. The demand or receipt by Landlord or the Lock Box Provider of any amount to be paid under this Lease, on the Commencement Date Tenant shall pay to Landlord whether characterized as Base Monthly Rent for Rent, or otherwise, with knowledge or notice of the period from breach by Tenant of any other covenant, agreement, term, rule, regulation or condition of this Lease, shall not be deemed a waiver of such Commencement Date breach. Tenant agrees that payment by Tenant of, or Landlord or Lock Box Provider’s receipt of, a lesser amount than the amount required to be paid under this Lease, shall not be deemed to be anything other than a payment on account, which payment Landlord may apply as it sees fit, regardless of any request or designation by Tenant as to the first day items against which the payments are to be applied. Tenant shall not place any restrictive endorsements or other statements on any check or other payment, or deliver any writing to Landlord or Lock Box Provider in conjunction with a payment that conditions the payment of any amounts owed by Tenant under the Lease. Tenant agrees that any such endorsement, statement or writing is void, does not constitute an accord and satisfaction, and waives any rights, defenses or remedies granted by law in connection with making such an endorsement, statement or writing. Tenant further agrees that Landlord or Lock Box Provider may accept any such check or other payment as if such endorsement, statement or writing was not present, without prejudicing Landlord’s right to recover the balance of such amount owed or to pursue any other remedy permitted by this Lease. Tenant also agrees that Landlord’s or Lock Box Provider’s receipt of, or acceptance and deposit of, any amounts owed by Tenant under the Lease following: (i) the giving of any notice of default to Tenant; (ii) the commencement of suit against Tenant; (iii) the termination of this Lease or final judgment for possession of the first full calendar month that proportion Premises; or (iv) the exercise of any other remedy by Landlord, shall not affect Landlord’s right to exercise any remedy, including any right to recover possession of the Base Monthly Rent hereunder which Premises. Notwithstanding the number of days between such Commencement Date and above, nothing contained herein shall limit the first day rights of the next succeeding calendar month bears to thirty (30); the Base Monthly Rent prepaid pursuant to Section L of the Summary shall then be applied to the Base Monthly Rent due for the first full calendar month of Tenant under the Lease Term. In the event that the Lease Term is terminated for to cure any reason on a date other than the last day of a calendar month, on the first day of the last calendar month of the Lease Term Tenant shall pay to Landlord as Base Monthly Rent for the period from said first day of said last calendar month to and including the last day of the Lease Term that proportion of the monthly Base Monthly Rent hereunder which the number of days between said first day of said last calendar month and the last day of the term hereof bears to thirty (30)default.

Payment of Rent. Concurrently with Xxxxxx’s execution of this Lease, Tenant shall pay to Landlord the amount set forth in Section L of the Summary as prepayment of rent for credit against the first installment(s) of Annual Base Monthly Rent. All rent required to be paid in monthly installments Rent shall be paid quarterly in --------------- advance on the first day of each calendar month January, April and July for the second, third and fourth quarters of each Lease Year and on the thirtieth (30th) day of October for the first quarter of each Lease Year. On or before the thirtieth (30th) day after the expiration of each of the first three quarters of a Lease Year, Tenant shall deliver to Landlord (i) Tenant's calculation of the Adjusted Gaming Win actually received by Tenant during such quarter (on an amortized basis) and the Percentage Rent due for such quarter, all certified as true and correct in all material respects by Tenant, and (ii) payment of eighty percent (80%) of the amount of Percentage Rent due for the most recently concluded quarterly period, along with a payment as adjusted by such amount as is necessary to bring the total amount paid by Tenant on account of Percentage Rent for the Lease Year in question up to an amount equal to eighty percent (80%) of the Percentage Rent that is due based on the Adjusted Gaming Win actually received by Tenant for all quarters in Lease Year that have been completed. On or before the thirtieth (30th) day after the expiration of the fourth quarter of each Lease Year during the Lease Term. If , Tenant shall deliver to Landlord (i) Tenant's calculation of the date Adjusted Gaming Win actually received by Tenant for the Lease Year just completed, certified as true and correct in all material respects by Tenant, and (ii) payment of such amount as is necessary to bring the total amount paid to Landlord for Percentage Rent up to an increase in Base Monthly amount equal to one hundred percent (100%) of the Percentage Rent does not fall due for the Lease Year most recently completed based on the first day of a calendar month, actual Adjusted Gaming Win for such increase shall become effective on the first day of the next calendar monthLease Year. All rent shall be paid in lawful money of the United States, without any abatement, deduction or offset whatsoever (except as specifically provided in Sections 5.2, 11.4 and 12.3), and without any prior demand therefor. Rent shall be paid States to Landlord at its address set forth for notices in Section R of the Summaryparagraph 17.3, or at to such other place as Landlord may designate from time to timetime in writing, without abatement, deduction, offset or prior demand therefor, except as otherwise expressly provided in this Lease. Tenant’s obligation to pay Annual Base Monthly Rent and Xxxxxx’s Share of Common Operating Expenses Percentage Rent shall be prorated at as of the commencement and or expiration or earlier termination of the Lease Term. In the event that the Lease Term commences on a date other than the first day of a calendar month, on the Commencement Date Tenant shall pay to Landlord as Base Monthly Rent for the period from such Commencement Date to the first day of the first full calendar month that proportion of the Base Monthly Rent hereunder which the number of days between such Commencement Date and the first day of the next succeeding calendar month bears to thirty (30); the Base Monthly Rent prepaid pursuant to Section L of the Summary shall then be applied to the Base Monthly Rent due for the first full calendar month of the Lease Term. In the event that the Lease Term is terminated for any reason on a date other than the last day of a calendar month, on the first day of the last calendar month of the Lease Term Tenant shall pay to Landlord as Base Monthly Rent for the period from said first day of said last calendar month to and including the last day of the Lease Term that proportion of the monthly Base Monthly Rent hereunder which the number of days between said first day of said last calendar month and the last day of the term hereof bears to thirty (30).

Payment of Rent. Concurrently with XxxxxxLandlord, Tenant and Assignee agree that the Sublease creates a sub-landlord, sub-tenant relationship between Tenant and Assignee. Although Assignee’s execution of this rights and obligations under the Sublease are subject to Tenant’s rights and obligations under the Lease, Landlord, Tenant and Assignee agree that: (i) Assignee is not a party to the Lease; and (ii) subject to the terms of the Sublease and the obligations agreed to herein,: (A) Assignee has no obligations under the Lease; and (B) Tenant did not assign any obligations under the Lease to Assignee; provided, however, based on Landlord’s rights under the Lease and its election to enforce said rights, Assignee shall pay make all payments of “Sublessee Rent” (as defined in the Sublease) which are due and payable under the Sublease directly to Landlord, in the manner required by the Sublease. Assignee’s first payment of Sublessee Rent to Landlord the amount set forth in Section L of the Summary as prepayment of rent for credit against the first installment(s) of Base Monthly Rent. All rent required to be paid in monthly installments shall be paid in advance due on the first day of each calendar month during the Lease Term. If the date of an increase in Base Monthly Rent does not fall on the first day of a calendar month, such increase shall become effective on the first (1st) day of the next calendar monthmonth following the date on which Tenant and Assignee receive from Landlord fully executed copies of this Assignment. All rent Notwithstanding the foregoing, in the event Assignee fails to make the timely payment of Sublessee Rent under the Sublease, Landlord shall be paid in lawful money entitled to look to Tenant to enforce the payment of Sublessee Rent or remedy the default. The acceptance of Sublessee Rent by Landlord from Sublessee or anyone else liable under the Sublease shall not be deemed a waiver by Landlord of any provisions of the United States, without any abatement, deduction or offset whatsoever (except as specifically provided in Sections 5.2, 11.4 and 12.3), and without any prior demand therefor. Rent shall be paid to Landlord at its address set forth in Section R of the Summary, or at such other place as Landlord may designate from time to time. Tenant’s obligation to pay Base Monthly Rent and Xxxxxx’s Share of Common Operating Expenses shall be prorated at the commencement and expiration of the Lease Term. In the event that the Lease Term commences on a date other than the first day of a calendar month, on the Commencement Date Tenant shall pay to Landlord as Base Monthly Rent for the period from such Commencement Date to the first day of the first full calendar month that proportion of the Base Monthly Rent hereunder which the number of days between such Commencement Date and the first day of the next succeeding calendar month bears to thirty (30); the Base Monthly Rent prepaid pursuant to Section L of the Summary shall then be applied to the Base Monthly Rent due for the first full calendar month of the Lease Term. In the event that the Lease Term is terminated for any reason on a date other than the last day of a calendar month, on the first day of the last calendar month of the Lease Term Tenant shall pay to Landlord as Base Monthly Rent for the period from said first day of said last calendar month to and including the last day of the Lease Term that proportion of the monthly Base Monthly Rent hereunder which the number of days between said first day of said last calendar month and the last day of the term hereof bears to thirty (30)Lease.

Payment of Rent. Concurrently with Xxxxxx’s execution of (a) Except as otherwise expressly provided in this Lease, Tenant the Rent shall pay be due and payable to Landlord the amount set forth in Section L of the Summary as prepayment of rent for credit against the first installment(s) of Base Monthly Rent. All rent required to be paid advance in monthly installments shall be paid in advance on the first (1st) day of each calendar month during the Lease Term, at Landlord's address as provided on the signature page of this Lease or to such other person or at such other address as Landlord may from time to time designate in writing. Landlord may, at its option, xxxx Tenant for Rent, but no delay or failure by Landlord in providing such a xxxx shall relieve Tenant from the obligation to pay the Base Rental on the first (1st) day of each month as provided herein. All payments shall be in the form of a check unless otherwise agreed by Landlord, provided that payment by check shall not be deemed made if the check is not duly honored with good funds. The Rent shall be paid without notice, demand, abatement, deduction or offset, except as otherwise expressly provided in this Lease. If the date of an increase in Base Monthly Rent does not fall Lease Term commences on other than the first (1st) day of a calendar month, then the Base Rental for such increase shall become effective on the first day of the next calendar month. All rent shall be paid in lawful money of the United States, without any abatement, deduction or offset whatsoever (except as specifically provided in Sections 5.2, 11.4 and 12.3), and without any prior demand therefor. Rent shall be paid to Landlord at its address set forth in Section R of the Summary, or at such other place as Landlord may designate from time to time. Tenant’s obligation to pay Base Monthly Rent and Xxxxxx’s Share of Common Operating Expenses partial month shall be prorated and paid at the commencement and expiration rental rate applicable during the first full month of the Lease Term. In The Base Rental for the event first full month of the Lease Term for which a payment of rent is due and, if the first full month of the Lease Term falls on a date that is after the end of the Base Year, an estimated monthly amount of Tenant’s Share of Basic Operating Costs and Tenant’s Share of Taxes described in Section 6(a) herein, is being deposited with Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord of an executed copy of this Lease and shall be applied to the payment of Base Rental and Tenant’s Share, as the case may be, by Landlord for the appropriate periods without any further notice by Tenant.. If the Lease Term commences on a date or ends at any time other than the first day of a calendar monthyear, on the Commencement Date Tenant Tenant’s Share of Basic Operating Costs and Tenant’s Share of Taxes shall pay be prorated for such year according to Landlord as Base Monthly Rent for the period from such Commencement Date to the first day of the first full calendar month that proportion of the Base Monthly Rent hereunder which the number of days between such Commencement Date and the first day of the next succeeding calendar month bears to thirty (30); the Base Monthly Rent prepaid pursuant to Section L of the Summary shall then be applied to the Base Monthly Rent due for the first full calendar month of the Lease Term. In the event that the Lease Term is terminated for any reason on a date other than the last day of a calendar month, on the first day of the last calendar month of the Lease Term Tenant shall pay to Landlord as Base Monthly Rent for the period from said first day of said last calendar month to and including the last day of the Lease Term that proportion of the monthly Base Monthly Rent hereunder which the number of days between said first day of said last calendar month and the last day of the term hereof bears to thirty (30)in such year.

Payment of Rent. Concurrently with Xxxxxx’s execution of this LeaseAll Base Rent, Tenant shall pay to Landlord the amount set forth in Section L of the Summary as prepayment of rent for credit against the first installment(s) of Base Monthly Percentage Rent. All rent required to be paid in monthly installments shall be paid in advance on the first day of each calendar month during the Lease Term. If the date of an increase in Base Monthly , Additional Rent does not fall on the first day of a calendar month, such increase shall become effective on the first day of the next calendar month. All rent shall be paid in lawful money of the United States, without any abatement, deduction or offset whatsoever (except as specifically provided in Sections 5.2, 11.4 and 12.3), and without any prior demand therefor. Rent other sums shall be paid to Landlord without demand and without deduction, set-off, claim or counterclaim of any nature whatsoever which Tenant may have or allege to have against Landlord. All such Rent and other sums shall be paid to Landlord in legal tender of the United States in accordance with Section 1.1(n). Except to the extent that Rent is paid via ACH, such being processed pursuant to the immediately following paragraph below, Rent checks are to be made payable to Landlord at its address 940 X. Xxxxx Blvd, Winter Park, FL 32789, or such other person, firm or corporation as the Landlord may hereafter designate in writing. Tenant agrees to pay a Ten dollar ($10.00) processing fee for submitting payment via check, cashier’s check or money order. The obligation of Tenant to pay Rent is independent of any other covenant, agreement, term or provision of this Lease. At Landlord’s option, Tenant shall make payments of Rent and all other payments to Landlord required by the Lease via Automated Clearing House Transfer (“ACH Payment”); in accordance with the terms and conditions of this Paragraph. If Landlord shall elect to have payments made by ACH Payment, Landlord shall provide notice to Tenant of same and Tenant shall, within fifteen (15) days of the date of such notice from Landlord, execute and deliver to Landlord a complete Authorization Agreement in the form set forth in Section R Exhibit I attached hereto or on such other form as shall be reasonably requested by Landlord, together with a voided check for account verification, establishing arrangements whereby payments of the SummaryRent and other funds are transferred by ACH Payment initiated by Landlord from an account established by Tenant at a financial institution approved by Landlord. Thereafter, or at such other place as Landlord may designate from time to time. Tenant’s obligation Tenant shall continue to pay Base Monthly Rent all rental and other obligations by ACH Payment initiated by Landlord unless otherwise directed by Xxxxxxxx. Any denial or delay of a scheduled ACH Payment resulting from insufficient funds in the account Tenant designates for the ACH debit or any other delay resulting from Xxxxxx’s Share of Common Operating Expenses actions, subject to any cure period prescribed under this Lease, shall immediately and automatically be prorated at the commencement and expiration a default of the Lease Term. In the event that the Lease Term commences on a date other than the first day of a calendar month, on the Commencement Date Tenant shall pay to Landlord as Base Monthly Rent for the period from such Commencement Date to the first day of the first full calendar month that proportion of the Base Monthly Rent hereunder which the number of days between such Commencement Date and the first day of the next succeeding calendar month bears to thirty (30); the Base Monthly Rent prepaid pursuant to Section L of the Summary shall then be applied to the Base Monthly Rent due for the first full calendar month of the Lease Term. In the event that the Lease Term is terminated for any reason on a date other than the last day of a calendar month, on the first day of the last calendar month of the Lease Term Tenant shall pay to Landlord as Base Monthly Rent for the period from said first day of said last calendar month to and including the last day of the Lease Term that proportion of the monthly Base Monthly Rent hereunder which the number of days between said first day of said last calendar month and the last day of the term hereof bears to thirty (30)Lease.

Payment of Rent. Concurrently with Xxxxxx’s execution Sublessee hereby covenants and agrees to pay rent to Sublessor, without offset or deduction of this Leaseany kind whatsoever, Tenant shall pay to Landlord in the amount set forth in Section L of form and at the Summary times as prepayment of rent for credit against the first installment(s) of Base Monthly Rent. All rent required to be paid in monthly installments shall be paid in advance on the first day of each calendar month during the Lease Term. If the date of an increase in Base Monthly Rent does not fall on the first day of a calendar month, such increase shall become effective on the first day of the next calendar monthherein specified. All rent shall be paid to Sublessor at 0000 Xxx Xxxxxx, Santa Clara, CA unless and until Sublessee is otherwise notified in lawful money of the United States, without any abatement, deduction or offset whatsoever (except as specifically provided in Sections 5.2, 11.4 and 12.3), and without any prior demand thereforwriting. Rent payments in the monthly amount set forth below shall be paid to Landlord at its address set forth payable monthly, in Section R of the Summaryadvance, or at such other place as Landlord may designate from time to time. Tenant’s obligation to pay Base Monthly Rent and Xxxxxx’s Share of Common Operating Expenses shall be prorated at the commencement and expiration of the Lease Term. In the event that the Lease Term commences due on a date other than the first (1st) day of a each calendar month, month commencing on the Commencement Date Tenant hereof and delinquent if not paid on or before the third (3rd) day of the month throughout the Term of this Sublease. Rent for any period, which is for less than one month, shall be a pro rata portion of the monthly installment. During the period of Sublessee’s occupancy and use of the Temporary Space, Sublessee shall be permitted to use all existing furniture, as well as cubicles in the open office area and all the existing furniture in the private offices and conference rooms, etc. located within the Temporary Space as of the commencement date of the Sublease, at no additional rent to Sublessee. Upon the delivery of the Sublease Premises to Sublessee, Sublessee shall be permitted to use all existing furniture, as well as cubicles in the open office area and all the existing furniture in the private offices and conference rooms, etc. located within the Sublease Premises including, cabling, wiring, server rooms, chairs, phones and tables still in the space as of the delivery of the Sublease Premises to Sublessee, at no additional rent to Sublessee. All such furniture and equipment shall be provided to Sublessee for use in its existing “AS-IS” condition, without representation or warranty by Sublessor of any kind. Sublessor and Sublessee shall conduct a walk through of the both the Temporary Space and the Sublease Premises and prepare detailed furniture and equipment list for the Temporary Space and the Sublease Premises and attach the same to the Sublease as Exhibit E. Sublessee shall pay any fee incurred to cover costs for Sublessee moving any Sublessee furniture into the Temporary Space or the Sublease Premises or from the Temporary Space to the Sublease Premises. The Full Service Rent per month shall be as follows: Months Full Service Rent Per Month 08/01/08 – 12/31/08 Free 01/01/09 – 04/23/10 $17,270 per month Rent does not include (and Sublessee shall be solely responsible for the payment of): all voice, data, telecommunications and security system services provided to the Sublease Premises, disproportionate usage of utilities; and after-hours HVAC services. Otherwise, all other costs of maintenance, repair (unless caused by the negligence of Sublessee or its agents), utilities, property taxes, Master Lessor or Sublessor insurance costs, or any other costs associated with the Subleased Premises (and Temporary Premises while applicable) incurred by Master Lessor or Sublessor shall be covered in the Full Service Rent. Full Service Rent is inclusive of electricity and gas to the Subleased Premises; provided, however, in the event Sublessor reasonably determines that Sublessee is using a disproportionate amount of such electricity and / or gas, Sublessor may charge for such excess as is reasonably determined by Sublessor. A disproportionate amount of electricity and gas will be any amount in excess of $0.34 per square foot annualized with an annual true-up except for the last year and then within thirty (30) days after the end of the term, with Sublessee paying any excess within thirty (30) days after being provided the true-up, with copies of the utility bills and an invoice of what is owed. If the Sublessee can show that the excess usage is due to Sublessor’s or any other sublessee’s excess usage, then Sublessee will not be charged for the excess usage. Advance rent: Concurrently with Sublessee’s execution and delivery of the Sublease, Sublessee shall pay to Landlord as Base Monthly Sublessor the Full Service Rent payable by Sublessee for the period from such Commencement Date to the first day of the first full calendar month that proportion of the Base Monthly Rent hereunder which the number of days between such Commencement Date and the first day of the next succeeding calendar month bears to thirty (30); the Base Monthly Rent prepaid pursuant to Section L of the Summary shall then be applied to the Base Monthly Rent due for the first full calendar month of January 2009, in the Lease Term. In the event that the Lease Term is terminated for any reason on a date other than the last day amount of a calendar month, on the first day of the last calendar month of the Lease Term Tenant shall pay to Landlord as Base Monthly Rent for the period from said first day of said last calendar month to seventeen thousand two hundred and including the last day of the Lease Term that proportion of the monthly Base Monthly Rent hereunder which the number of days between said first day of said last calendar month and the last day of the term hereof bears to thirty seventy (30)$17,270) dollars.

Payment of Rent. Concurrently with Xxxxxx’s execution of this Lease, Tenant The Annual Base Rent shall pay to Landlord the amount set forth in Section L of the Summary as prepayment of rent for credit against the first installment(s) of Base Monthly Rent. All rent required to be paid in equal consecutive monthly installments shall be paid instalments in advance on the first day of each calendar and every month during the Lease Term. If the date of an increase in Base Monthly Rent does not fall on Subject to section 4.3, the first day of a calendar month, such increase shall become effective on the first day monthly instalment of the next calendar month. All rent shall be paid in lawful money of the United States, without any abatement, deduction or offset whatsoever (except as specifically provided in Sections 5.2, 11.4 and 12.3), and without any prior demand therefor. Annual Base Rent shall be paid to Landlord at its address set forth in Section R of by the Summary, or at such other place as Landlord may designate from time to time. Tenant’s obligation to pay Base Monthly Rent and Xxxxxx’s Share of Common Operating Expenses shall be prorated at the commencement and expiration of the Lease Term. In the event that the Lease Term commences on a date other than the first day of a calendar month, Tenant on the Commencement Date of the Term, The Landlord shall remit to the Tenant, before each Lease Year, the estimated amount of the Additional Rent (other than the portion thereof which the Tenant shall pay directly to third parties) and of the Management Fee for that period, and the monthly payments of Additional Rent and Management Fee which are payable to the Landlord as Base Monthly shall then be established for said Lease Year based on that estimate. The Landlord may from time to time during a Lease Year re-evaluate its estimate of such Additional Rent and of the Management Fee, and in such case shall notify the Tenant in writing of the re-evaluation and establish monthly payments for the unexpired period from of such Commencement Date Lease Year or of such part only of a Lease Year, so that after the Tenant is credited with the appropriate amounts paid by the Tenant in accordance with the previous estimate, such Additional Rent and the Management Fee is paid in full during such Lease Year or during a part only of such Lease Year. After each Lease Year, the Landlord shall remit to the first day Tenant a statement indicating the actual amount of the first full calendar month that proportion Additional Rent (other than the portion thereof which the Tenant has paid directly to third parties) and of the Base Monthly Management Fee for the said Lease Year. Should the amount of such Additional Rent hereunder which the number of days between such Commencement Date and the first day of the next succeeding calendar month bears Management Fee then determined by the Landlord be greater or less than the total of the amounts already paid by the Tenant to the Landlord, then appropriate adjustments will be made within thirty (30); ) days following the Base Monthly Rent prepaid pursuant to Section L delivery of the Summary shall then be applied to the Base Monthly Rent due for the first full calendar month of the Lease Term. In the event that the Lease Term is terminated for any reason on a date other than the last day of a calendar month, on the first day of the last calendar month of the Lease Term Tenant shall pay to Landlord as Base Monthly Rent for the period from said first day of said last calendar month to and including the last day of the Lease Term that proportion of the monthly Base Monthly Rent hereunder which the number of days between said first day of said last calendar month and the last day of the term hereof bears to thirty (30)above-mentioned statement.

Payment of Rent. Concurrently with Xxxxxx’s execution of this Lease, Tenant Default. Sublessee shall pay the Monthly Rent to Landlord the amount set forth in Section L of the Summary as prepayment of rent for credit against the first installment(s) of Base Monthly Rent. All rent required to be paid in monthly installments shall be paid in advance on Sublessor no later than the first day of each calendar month during in advance with a five (5) day grace period. Sublessee acknowledges and agrees that this Sublease is subject and subordinate to the Lease Term. If the date of an increase in Base Monthly Rent does not fall on the first day of a calendar month, such increase shall become effective on the first day of the next calendar month. All rent shall be paid in lawful money of the United States, without any abatement, deduction or offset whatsoever (except as specifically provided in Sections 5.2, 11.4 and 12.3), and without any prior demand therefor. Rent shall be paid to Landlord at its address set forth in Section R of the Summary, or at such other place as Landlord may designate from time to time. Tenant’s obligation to pay Base Monthly Rent and Xxxxxx’s Share of Common Operating Expenses shall be prorated at the commencement and expiration terms of the Lease TermAgreement and that Sublessee shall, unless contradictory to this Sublease (in which case the terms and conditions of this Sublease shall prevail), otherwise comply with each term and condition of the Lease Agreement as if Sublessee were the "Tenant" under the Lease Agreement and perform all of the obligations, responsibilities and duties required of "Tenant" under the Lease Agreement it being agreed that Sublessor shall have all rights and remedies reserved to Landlord under the Lease Agreement (in addition to Landlord's rights and remedies) for a breach or default thereof. Sublessee shall not commit or permit to be committed any act or omission that will violate any provisions of the Lease Agreement, and Sublessee hereby agrees to indemnify, defend and hold harmless Sublessor and Landlord for any and all losses, damages or claims for any such acts or omissions in violation of any such provisions of the Lease Agreement. In the event that Sublessee defaults under the Lease Term commences on a date other than terms of this Sublease, or under the first day of a calendar month, on the Commencement Date Tenant shall pay to Landlord as Base Monthly Rent for the period from such Commencement Date to the first day of the first full calendar month that proportion of the Base Monthly Rent hereunder which the number of days between such Commencement Date and the first day of the next succeeding calendar month bears to thirty (30); the Base Monthly Rent prepaid pursuant to Section L of the Summary shall then be applied to the Base Monthly Rent due for the first full calendar month terms of the Lease Term. In the event that the Lease Term is terminated for any reason on a date other than the last day of a calendar monthAgreement, on the first day Sublessor shall be afforded all of the last calendar month rights and remedies allowed Landlord pursuant to the terms of the Lease Term Tenant shall pay to Landlord as Base Monthly Rent for the period from said first day Agreement, and all of said last calendar month to and including the last day of such remedies in the Lease Term that proportion Agreement are hereby incorporated herein by reference and made a part hereof. All of such remedies shall be deemed cumulative and none shall be exclusive. If the monthly Base Monthly Rent hereunder which Lease Agreement terminates, this Sublease shall terminate, and Sublessor and Sublessee shall be relieved of all future obligations under this Sublease as to each other. Sublessee shall not assign this Sublease or further sublet or transfer the number Premises or any part thereof without the prior written consent of days between said first day of said last calendar month both Landlord and the last day of the term hereof bears to thirty (30)Sublessor.

Payment of Rent. Concurrently with XxxxxxAs used herein, “Rent” shall include Fixed Rent, Subtenant’s execution Share of Additional Rent and all other additional rent, costs, charges and expenses to be paid by Subtenant to Sublandlord pursuant to this LeaseSublease. Rent herein reserved or payable shall be paid at Sublandlord’s election, Tenant shall pay (i) to Landlord the amount Sublandlord’s address for payment of Rent set forth in Section L the Defined Terms, or (ii) to such other payee and/or at such other place as Sublandlord may designate from time to time in writing, in lawful money of the Summary United States of America, as prepayment of rent for credit against and when the first installment(s) of Base Monthly Rentsame become due and payable, without demand therefor and without any deduction, set-off or abatement whatsoever, except as expressly provided otherwise in this Sublease or the Master Lease. All rent Subtenant shall be required to be paid pay Subtenant’s Share of Additional Rent, and any additional rent payable hereunder, notwithstanding any dispute regarding such obligation, unless and until such dispute is finally resolved in monthly installments shall be paid favor of Subtenant (or Sublandlord, in advance on any dispute relating to payments made by Sublandlord under the Master Lease). In the event the first day of each calendar month during the Lease Term. If the date of an increase in Base Monthly Rent does Sublease Term shall not fall on be the first day of a calendar month, such increase shall become effective on the first day of the next calendar month. All rent shall be paid in lawful money of the United States, without any abatement, deduction month or offset whatsoever (except as specifically provided in Sections 5.2, 11.4 and 12.3), and without any prior demand therefor. Rent shall be paid to Landlord at its address set forth in Section R of the Summary, or at such other place as Landlord may designate from time to time. Tenant’s obligation to pay Base Monthly Rent and Xxxxxx’s Share of Common Operating Expenses shall be prorated at the commencement and expiration of the Lease Term. In the event that the Lease Term commences on a date other than the first day of a calendar month, on the Commencement Date Tenant shall pay to Landlord as Base Monthly Rent for the period from such Commencement Date to the first day of the first full calendar month that proportion of the Base Monthly Rent hereunder which the number of days between such Commencement Date and the first day of the next succeeding calendar month bears to thirty (30); the Base Monthly Rent prepaid pursuant to Section L of the Summary shall then be applied to the Base Monthly Rent due for the first full calendar month of the Lease Term. In the event that the Lease Term is terminated for any reason on a date other than the last day of a calendar month, on the first day of the last calendar month of the Lease Term Tenant shall pay to Landlord as Base Monthly Rent for the period from said first day of said last calendar month to and including the last day of the Lease Sublease Term that proportion of the monthly Base Monthly Rent hereunder which the number of days between said first day of said last calendar month and is not the last day of the term hereof bears to calendar month, Fixed Rent and Subtenant’s Share of Additional Rent and other costs an expenses shall be appropriately prorated based on a thirty (30)) day month. Additionally, Subtenant shall pay to Sublandlord, as additional rent hereunder, within twenty (20) days after written request therefor, any other payments for which Sublandlord shall become responsible to Master Landlord or Sublandlord under the Master Lease or this Sublease with respect to the Sublease Premises, including, but not limited to, additional rent arising (i) by reason of Subtenant’s request for extraordinary services or utilities (such as replacement lighting) from Master Landlord or Sublandlord, or (ii) as a result of Subtenant’s Event of Default hereunder.

Payment of Rent. Concurrently with Xxxxxx’s the execution of this LeaseLease by both parties, Tenant shall pay to Landlord the amount set forth in Section L of the Summary as prepayment of rent for credit against the first installment(s) of Base Monthly Rent. All rent required to be paid in monthly installments (e.g., the Base Monthly Rent and installments of Tenant’s Share of Common Operating Expenses) shall be paid in advance on the first day of each calendar month during the Lease Term; provided, however, that other than the monthly installments of estimated payments of Tenant’s Share of Common Operating Expenses, no installment of Additional Rent which is not to be paid on a monthly estimate basis shall be due prior to the later of (i) the first day of the month after the written xxxx for the installment of Additional Rent is received by Tenant, or (ii) ten (10) Business Days after Tenant’s receipt of the written xxxx for the installment of Additional Rent. If Section K of the Summary provides that the Base Monthly Rent is to be increased during the Lease Term and if the date of an such increase in Base Monthly Rent does not fall on the first day of a calendar month, such increase shall become effective on the first day of the next calendar month. All rent shall be paid in lawful money of the United States, without any abatement, deduction or offset whatsoever (except as specifically provided in Sections 5.2, 11.4 and 12.3this Lease), and without any prior demand therefor. Rent shall be paid to Landlord at its address set forth in Section R Q of the Summary, or at such other place within the continental United States as Landlord may designate from time to time. Tenant’s obligation to pay Base Monthly Rent and XxxxxxTenant’s Share of Common Operating Expenses shall be prorated at the commencement and expiration of the Lease Term. In the event that the Lease Term commences on a date other than the first day of a calendar month, on the Commencement Date Tenant shall pay to Landlord as Base Monthly Rent for the period from such Commencement Date to the first day of the first full calendar month that proportion of the Base Monthly Rent hereunder which the number of days between such Commencement Date and the first day of the next succeeding calendar month bears to thirty (30); the Base Monthly Rent prepaid pursuant to Section L of the Summary shall then be applied to the Base Monthly Rent due for the first full calendar month of the Lease Term. In the event that the Lease Term is terminated for any reason on a date other than the last day of a calendar month, on the first day of the last calendar month of the Lease Term Tenant shall pay to Landlord as Base Monthly Rent for the period from said first day of said last calendar month to and including the last day of the Lease Term that proportion of the monthly Base Monthly Rent hereunder which the number of days between said first day of said last calendar month and the last day of the term hereof bears to thirty (30).

Payment of Rent. Concurrently with Xxxxxx’s execution Rent" (which term shall include Base Rent and any Additional Charges) shall be paid promptly when due, without notice or demand and without deduction, abatement, counterclaim or setoff of any amount for any reason whatsoever: provided that (a) if Sublandlord's obligation to pay Rent (as such term is defined in the Main Lease) under the Main Lease shall be abated for a reason that is also applicable to the Sublet Premises (i.e., the Sublet Premises are affected in a substantially similar manner as the balance of space in the Building is affected), Subtenant's obligation to pay Rent under this Sublease shall be proportionately abated, (b) if Sublandlord is entitled to any rent credits wider the Main Lease for a reason that is also applicable to the Sublet Premises, Subtenant shall be entitled to a proportionate rent credit under this Sublease and (c) if Sublandlord receives any reimbursements for any payment of Direct Expenses under the Main Lease,, Tenant Sublandlord shall pay to Landlord Subtenant within 30 days of such receipt Subtenant's Proportionate Share of the amount reimbursed to Sublandlord. Rent shad be paid to Sublandlord by Subtenant at the address of Sublandlord set forth in Section L 26 below or to such other person and/or at such other address as Sublandlord may from time to time designate by notice to Subtenant. No payment by Subtenant or receipt by Sublandlord of any lesser amount than the Summary as prepayment of rent for credit against the first installment(s) of Base Monthly Rent. All rent required amount stipulated to be paid in monthly installments hereunder shall be paid in advance deemed other than on the first day of each calendar month during the Lease Term. If the date of an increase in Base Monthly Rent does not fall on the first day of a calendar month, such increase shall become effective on the first day account of the next calendar month. All rent earliest stipulated Rent due under this Sublease; nor shall any endorsement or statement on airy check or letter be paid in lawful money of the United States, without any abatement, deduction or offset whatsoever (except as specifically provided in Sections 5.2, 11.4 deemed an accord and 12.3)satisfaction, and Sublandlord may accept any check or payment without prejudice to Sublandlord's right to recover the balance due or to pursue any prior demand therefor. Rent shall be paid other remedy available to Landlord at its address set forth in Section R of the Summary, or at such other place as Landlord may designate from time to time. Tenant’s obligation to pay Base Monthly Rent and Xxxxxx’s Share of Common Operating Expenses shall be prorated at the commencement and expiration of the Lease Term. In the event that the Lease Term commences on a date other than the first day of a calendar month, on the Commencement Date Tenant shall pay to Landlord as Base Monthly Rent for the period from such Commencement Date to the first day of the first full calendar month that proportion of the Base Monthly Rent hereunder which the number of days between such Commencement Date and the first day of the next succeeding calendar month bears to thirty (30); the Base Monthly Rent prepaid pursuant to Section L of the Summary shall then be applied to the Base Monthly Rent due for the first full calendar month of the Lease Term. In the event that the Lease Term is terminated for any reason on a date other than the last day of a calendar month, on the first day of the last calendar month of the Lease Term Tenant shall pay to Landlord as Base Monthly Rent for the period from said first day of said last calendar month to and including the last day of the Lease Term that proportion of the monthly Base Monthly Rent hereunder which the number of days between said first day of said last calendar month and the last day of the term hereof bears to thirty (30)Sublandlord.

Payment of Rent. Concurrently with Xxxxxx’s execution The following provisions shall govern the payment of this Lease, Tenant shall pay to Landlord the amount set forth in Section L of the Summary as prepayment of rent for credit against the first installment(s) of Base Monthly Rent. All rent required to be paid in monthly installments shall be paid in advance on the first day of each calendar month during the Lease Term. If the date of an increase in Base Monthly Rent does not fall on the first day of a calendar month, such increase shall become effective on the first day of the next calendar month. All rent shall be paid in lawful money of the United States, without any abatement, deduction or offset whatsoever (except as specifically provided in Sections 5.2, 11.4 and 12.3), and without any prior demand therefor. Rent shall be paid to Landlord at its address set forth in Section R of the Summary, or at such other place as Landlord may designate from time to time. Tenant’s obligation to pay Base Monthly Rent and Xxxxxx’s Share of Common Operating Expenses shall be prorated at the commencement and expiration of the Adjustment Reimbursables: (i) if this Lease Term. In the event that the Lease Term commences or ends on a date day other than the first day of a calendar month, on the Commencement Date Tenant shall pay to Landlord as Base Monthly Rent for the period from such Commencement Date to the first day of the first full calendar month that proportion of the Base Monthly Rent hereunder which the number of days between such Commencement Date and the first day of the next succeeding calendar month bears to thirty (30); the Base Monthly Rent prepaid pursuant to Section L of the Summary shall then be applied to the Base Monthly Rent due for the first full calendar month of the Lease Term. In the event that the Lease Term is terminated for any reason on a date other than the or last day of a calendar month, on respectively, the first day Rent and Adjustment Reimbursables for the month in which this Lease so begins or ends shall be prorated accordingly; (ii) all Rent and Adjustment Reimbursables shall be paid to Landlord without offset or deduction, and the covenant to pay Rent and Adjustment Reimbursables shall be independent of every other covenant in this Lease, and all Rent and Adjustment Reimbursables shall be payable to Landlord and addressed as follows: Matrix Crossroads, LLC 1000 Xxxxxxxx Xxxxxxx Xxxxx 00, Xxxxxxxxx, X.X. 00000 (or to such other address as Landlord may subsequently designate); (iii) any sum due from Tenant to Landlord which is not paid when due shall bear interest from the last calendar month date due until the date paid at the annual rate of four percentage points above the Lease Term Prime Rate then most recently announced by The Wall Street Journal, from time to time in effect, but in no event higher than the maximum rate permitted by law (the “Interest Rate”); and, in addition, Tenant shall pay Landlord a late charge for any Rent or Adjustment Reimbursable payment which is paid more than five days after its due date equal to Landlord as Base Monthly Rent for five percent (5%) of such payment; (iv) if changes are made to this Lease or the period from said first day of said last calendar month to and including the last day of the Lease Term that proportion of the monthly Base Monthly Rent hereunder which Property changing the number of days between said first day of said last calendar month square feet contained in the Premises or in the Property, Landlord shall make an appropriate adjustment to Tenant’s Property Share and Tenant’s Single-Story Building Share, as applicable; (v) in the last day event of the term hereof bears termination of this Lease prior to thirty the determination of any Adjustment Reimbursables, Tenant’s agreement to pay any such sums and Landlord’s obligation to refund any such sums (30)provided Tenant is not in default hereunder) shall survive the termination of this Lease; (vi) no adjustment to the Rent by virtue of the operation of the adjustment provisions in this Lease shall result in the payment by Tenant in any year of less than the Base Rent shown on the Schedule; (vii) Landlord may at any time change the fiscal year of the Property; (viii) each amount owed to Landlord under this Lease for which the date of payment is not expressly fixed shall be due on the same date as the Rent listed on the statement showing such amount is due; and (ix) if Landlord fails to give Tenant an estimate of Adjustment Reimbursables prior to the beginning of any calendar year, Tenant shall continue to pay Adjustment Reimbursables at the rate for the previous calendar year until Landlord delivers such estimate.

Payment of Rent. Concurrently The term “Additional Rent” shall mean all amounts due under Section 2.02 for Operating Expenses and Taxes, and all other amounts (except Base Rent) to be paid by Tenant to Landlord in accordance with Xxxxxx’s execution the terms of this Lease, Tenant shall pay including without limitation payments to Landlord the amount set forth in Section L for reimbursement of the Summary as prepayment any costs expended upon an Event of rent for credit against the first installment(s) of Default by Tenant. The term “Rent” shall mean Base Monthly Rent and Additional Rent. All rent required to be paid in monthly installments payments of Rent shall be paid in advance on the first day of each calendar month during the Lease Term. If the date of an increase in Base Monthly Rent does not fall on the first day of a calendar month, such increase shall become effective on the first day of the next calendar month. All rent shall be paid in lawful money of the United States, made without any abatementset-off, deduction or offset whatsoever (except as specifically expressly provided in Sections 5.2, 11.4 and 12.3), and without any prior demand thereforthis Lease. All payments of Rent shall be paid made to Landlord at its address set forth in Section R of the Summaryc/o Xxxxx Xxxxxx Management, Inc., c/o The Xxxxx Companies, 000 Xxxx Xxxxxx, Xxxxx 0000, Xxxxxx Xxxxxxxxxxxxx 00000, or at as may be otherwise directed by Landlord in writing. Notwithstanding the foregoing, Tenant may elect to make all payments required under the Lease by electronic payment using the Automated Clearing House system or other similar system. In such other place event, Landlord agrees to provide to Tenant the required forms and information necessary to make such payments. Without limiting the foregoing, except as Landlord may designate from time to time. otherwise expressly provided for herein, Tenant’s obligation to pay Base Monthly Rent and Xxxxxx’s Share of Common Operating Expenses shall be prorated at absolute, unconditional, and independent and shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the commencement Demised Premises, or any other restriction on Tenant’s use, or, except as provided in Article 11, any casualty or taking, or any failure by Landlord to perform or other occurrence; and expiration Tenant assumes the risk of the Lease Termforegoing and waives all rights now or hereafter existing to quit or surrender the Demised Premises or any part thereof, to terminate or cancel this Lease, or to assert any defense in the nature of constructive eviction to any action seeking to recover rent. In Subject to the event that the Lease Term commences on a date other than the first day provisions of a calendar monththis Lease, on the Commencement Date however, Tenant shall pay have the right to Landlord as Base Monthly Rent injunctive relief or to seek judgments for the period from direct money damages occasioned by Landlord’s breach of its Lease covenants (but may not set-off any such Commencement Date to the first day of the first full calendar month that proportion of the Base Monthly Rent hereunder which the number of days between such Commencement Date and the first day of the next succeeding calendar month bears to thirty (30); the Base Monthly Rent prepaid pursuant to Section L of the Summary shall then be applied to the Base Monthly Rent due for the first full calendar month of the Lease Term. In the event that the Lease Term is terminated for judgment against any reason on a date rent or other than the last day of a calendar month, on the first day of the last calendar month of the Lease Term Tenant shall pay to Landlord as Base Monthly Rent for the period from said first day of said last calendar month to and including the last day of the Lease Term that proportion of the monthly Base Monthly Rent hereunder which the number of days between said first day of said last calendar month and the last day of the term hereof bears to thirty (30amount owing hereunder).

Payment of Rent. Concurrently with Xxxxxx’s execution of Except as otherwise expressly provided in this Lease, Tenant all Base Rent and Additional Rent shall pay to Landlord the amount set forth be due in Section L of the Summary as prepayment of rent for credit against the first installment(s) of Base Monthly Rent. All rent required to be paid in advance monthly installments shall be paid in advance on the first day of each calendar month during the Lease Term. If the date of an increase in Base Monthly Rent does not fall on the first day of a calendar month, such increase shall become effective on the first day of the next calendar month. All rent shall be paid in lawful money of the United States, without any abatement, deduction or offset whatsoever (except as specifically provided in Sections 5.2, 11.4 and 12.3), and without any prior demand therefor. Rent shall be paid to Landlord at its address set forth recited in Section R of the Summary27.7, or to such other person or at such other place address in the United States as Landlord may designate from time to timetime designate in writing. Tenant’s obligation to pay Base Monthly Rent and Xxxxxx’s Share of Common Operating Expenses shall be prorated at the commencement and expiration paid without notice, demand, abatement, deduction or offset in legal tender of the Lease TermUnited States of America. In the event that the Lease Term commences on a date other than the first day of a calendar month, on the Commencement Date Tenant shall pay to Landlord as The Base Monthly Rent for the period from such Commencement Date to the first day of the first full calendar month that proportion of the Base Monthly Rent hereunder which the number of days between such Commencement Date and the first day of the next succeeding calendar month bears to thirty (30); the Base Monthly Rent prepaid pursuant to Section L of the Summary shall then be applied to the Base Monthly Rent due for the first full calendar month of the Term shall be paid upon execution by Tenant of this Lease Term(and if the condition precedent in Section 3.1 is not satisfied, then Landlord shall return such amount to Tenant within thirty (30) days thereafter). In addition, if the event that the Lease Term is terminated for any reason commences or ends on a date other than the first or the last day of a calendar month, on the first day of the last calendar month of the Lease Term Tenant shall pay to Landlord as Base Monthly Rent for the period from said partial month shall be prorated on the basis of the number of days during the applicable month and paid on or before the Commencement Date. If the Term commences or ends on other than the first day of said last calendar month to and including or the last day of a Fiscal Year, the Lease Term that proportion Additional Rent for the partial Fiscal Year calculated as provided in paragraph 5.3 above shall be prorated on the basis of the monthly Base Monthly Rent hereunder which the number of days between said first day of said last calendar month and during the last day applicable Fiscal Year. All payments received by Landlord from Tenant shall be applied to the oldest payment obligation owed by Tenant to Landlord. No designation by Tenant, either in a separate writing or on a check or money order, shall modify this clause or have any force or effect. The Rent to be paid by Tenant or any Transferee hereunder shall not be based, in whole or in part, on the income or profits derived from the lease, use or occupancy of the term hereof bears Premises. In the event Landlord's Mortgagee succeeds to thirty (30)the Landlord's interests under this Lease and determines that all or any portion of the Rent payable hereunder is or may be deemed to be unrelated business income within the meaning of the United States Internal Revenue Code or regulations issued thereunder, Landlord's Mortgagee may elect unilaterally to amend the calculation of Rent such that none of the Rent payable under this Lease will constitute unrelated business income; provided, however, that any such amendment shall not increase Tenant's payment obligations or other liabilities, or reduce the obligations of Landlord, under this Lease.

Payment of Rent. Concurrently with Xxxxxx’s execution Base Monthly Rent and Adjustments shall be due and payable, in advance, beginning on that date which is ninety (90) days after the Commencement Date (the RENT COMMENCEMENT DATE); provided that one (1) full installment of Base Monthly Rent and Adjustments totalling $24,825.33 is due and payable on the date of this Lease, Tenant shall pay such to Landlord the amount set forth in Section L of the Summary as prepayment of rent for credit against be applied to the first installment(s) installment of Base Monthly RentRent and Adjustments due on the Rent Commencement Date and thereafter applied to Base Monthly Rent and Adjustments until fully applied. All rent required to be paid in monthly installments Any installment of Base Monthly Rent or Adjustments due for any fractional calendar month shall be paid prorated based upon the actual number of days in advance on the first day of each calendar month during the Lease Termthat month. If the date of an increase in Base Monthly Rent does not fall Commencement Date occurs on the first day of a calendar month, such increase then the month in which the Rent Commencement Date occurs shall become effective on be the first day complete calendar month after the occurrence of the next calendar monthRent Commencement Date for purposes of determining the date upon which Base Monthly Rent adjusts. As used in this Lease, RENT shall mean the Base Monthly Rent and all other amounts provided for in this Lease to be paid by Tenant to Landlord, all of which shall constitute rental in consideration for this Lease and the leasing of the Premises. All rent Rent (hereinafter defined) shall be paid at the times and in lawful money the amounts provided for herein in legal tender of the United StatesStates of America to Landlord at the address specified in Paragraph 32 hereof or to such other person or at such other address as Landlord may from time to time designate in writing. Rent shall be paid without notice, without any demand, abatement, deduction or offset whatsoever (except as specifically unless expressly provided for elsewhere in Sections 5.2, 11.4 this Lease) and 12.3), and without any prior demand therefor. Rent shall be paid to a covenant of Tenant independent of any obligation of Landlord at its address set forth in Section R of the Summary, or at such other place as Landlord may designate from time to timeunder this Lease. Tenant’s 's obligation to pay Base Monthly any installment of Rent and Xxxxxx’s Share shall not be deemed satisfied until such installment of Common Operating Expenses shall be prorated at the commencement and expiration of the Lease Term. In the event that the Lease Term commences on a date other than the first day of a calendar month, on the Commencement Date Tenant shall pay to Landlord as Base Monthly Rent for the period from such Commencement Date to the first day of the first full calendar month that proportion of the Base Monthly Rent hereunder which the number of days between such Commencement Date and the first day of the next succeeding calendar month bears to thirty (30); the Base Monthly Rent prepaid pursuant to Section L of the Summary shall then be applied to the Base Monthly Rent due for the first full calendar month of the Lease Term. In the event that the Lease Term is terminated for any reason on a date other than the last day of a calendar month, on the first day of the last calendar month of the Lease Term Tenant shall pay to Landlord as Base Monthly Rent for the period from said first day of said last calendar month to and including the last day of the Lease Term that proportion of the monthly Base Monthly Rent hereunder which the number of days between said first day of said last calendar month and the last day of the term hereof bears to thirty (30)has actually been received by Landlord.

Payment of Rent. Concurrently with Xxxxxx’s execution of this Lease, Tenant shall agrees to pay to Landlord Landlord, commencing on the amount set forth Fixed Rent Commencement Date, and continuing and monthly in Section L advance throughout the remainder of the Summary as prepayment of rent for credit against the first installment(s) of Base Monthly Rent. All rent required to be paid in monthly installments shall be paid in advance Lease Term, on the first day of each and every calendar month during the Lease Original Term. If , a sum equal to one-twelfth (1/12th) of the date of an increase Annual Fixed Rent specified in Base Monthly Rent does not fall Section 1.2 hereof and on the first day of each and every calendar month during each Extended Term (if exercised), a calendar month, such increase shall become effective on the first day sum equal to one-twelfth of the next calendar monthAnnual Fixed Rent as determined in Section 3.2 for the applicable Extended Term. All rent Annual Fixed Rent for any partial month shall be paid in lawful money of the United States, without any abatement, deduction or offset whatsoever (except as specifically provided in Sections 5.2, 11.4 and 12.3), and without any prior demand therefor. Rent shall be paid by Tenant to Landlord at its address set forth in Section R of such rate on a pro rata basis, and, if the Summary, or at such other place as Landlord may designate from time to time. Tenant’s obligation to pay Base Monthly Fixed Rent and Xxxxxx’s Share of Common Operating Expenses Commencement Date shall be prorated at the commencement and expiration of the Lease Term. In the event that the Lease Term commences on a date other than the first day of a calendar month, on the Commencement Date first payment of Annual Fixed Rent which Tenant shall pay make to Landlord as Base Monthly shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent for the period partial month from such the Fixed Rent Commencement Date to the first day of the first full calendar month that proportion of the Base Monthly Rent hereunder which the number of days between such Commencement Date and the first day of the next succeeding calendar month bears month. Until notice of some other designation is given Annual Fixed Rent, Additional Rent, and all other charges for which provision is herein made shall be paid by remittance to thirty (30); the Base Monthly Rent prepaid pursuant to Section L of the Summary shall then be applied to the Base Monthly Rent due or for the first full calendar order of Landlord as follows: S&A P-12 Property LLC c/o Samuels & Associates 000 Xxxxxxxxx Xxxxxx Xxxxxx, XX 00000 or by electronic ACH transfer to Landlord as follows: Bank ABA Number: 000000000 Account Number: 00000000 Name of Bank: Xxxxxxx Bank Account Name: S&A P-12 Property LLC Address: 000 Xxxxxxxxx Xxxxxx City: Boston State: MA Zip Code: 02215 Additional Rent payable by Tenant on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated for any partial month of the Lease Term. In , and the event that the Lease Term is terminated for any reason first payment on a date other than the last day of a calendar monthaccount thereof shall be determined in similar fashion and shall, unless otherwise expressly stated in this Lease, commence on the first day Commencement Date. Annual Fixed Rent, Additional Rent and all other charges payable under this Lease shall be paid by Tenant to Landlord in lawful money of the last calendar month of the Lease Term United States in immediately available funds and without notice or demand and with setoff, deduction or abatement, except as otherwise expressly set forth in this Lease. Tenant shall pay when due all Annual Fixed Rent and Additional Rent and all charges for utility services rendered to Landlord the Premises and service inspections therefor except as Base Monthly Rent otherwise provided in Article VII and, as further Additional Rent, all charges for the period from said first day of said last calendar month additional and special services rendered pursuant to and including the last day of the Lease Term that proportion of the monthly Base Monthly Rent hereunder which the number of days between said first day of said last calendar month and the last day of the term hereof bears to thirty (30)Article VII.

Payment of Rent. Concurrently with Xxxxxx’s Base Sublease Rent and Additional Sublease Rent (collectively the “Rent”) is payable in advance in equal monthly installments (the amount of monthly Rent so payable to be determined for each year by dividing the then annual Base Sublease Rent by twelve (12) in advance and by dividing the then known Additional Sublease Rent by twelve (12) and adding the two resulting quotients together) on the first calendar day of each month during the Sublease Term, except that the first installment of Rent will be paid by Subtenant to Sublandlord upon execution of this LeaseAgreement on behalf of Subtenant. To the extent that the Sublandlord’s share of the costs for Operating Expenses is modified during any year of the Sublease Term, Tenant shall pay to Landlord the amount set forth in Section L of the Summary as prepayment of rent for credit against the first installment(s) of Base Monthly Rentmonthly Rent payable by Subtenant shall be adjusted to take such modification into account. All rent required to Rent will be paid in monthly installments shall be paid in advance on the first day of each calendar month during the Lease Term. If the date of an increase in Base Monthly Rent does not fall on the first day of a calendar monthwithout notice, such increase shall become effective on the first day of the next calendar month. All rent shall be paid demand, set-off or deduction, in lawful money of the United StatesStates of America, without any abatement, deduction or offset whatsoever (except as specifically provided in Sections 5.2, 11.4 and 12.3), and without any prior demand therefor. Rent shall be paid to Landlord at its the address of Sublandlord for notices set forth in Section R of the Summary, below or at such other place as Landlord Sublandlord may designate from time to timetime designate in writing. Tenant’s obligation to pay Base Monthly Rent and Xxxxxx’s Share of Common Operating Expenses shall be prorated at If the commencement and expiration of the Lease Term. In the event that the Lease Sublease Term commences begins on a date other than the first calendar day of a calendar monthmonth (i.e.the Effective Date), Rent will be prorated on a per diem basis. If during the Commencement Date Tenant Sublease Term, Subtenant shall fail to pay Rent within seven (7) business days of when the Rent shall be due and payable, Subtenant shall pay to Landlord Sublandlord as Base Monthly liquidated damages for such late payment, without notice or demand by Sublandlord, a sum equal to ten percent (10%) per annum on the amount of Rent for then due compounding monthly from the period from due date until paid in full and a $100.00 USD administrative charge. Subtenant and Sublandlord agree that such Commencement Date sums of liquidated damages are fair and reasonable due to the uncertainty of calculating actual damages. Provided further, however, that nothing contained in this Section 5 (c) shall be deemed or construed to be a limitation of or in substitution of Sublandlord’s other rights and remedies as provided under this Agreement, and Sublandlord shall have the right to apply any monies received from Subtenant first day to any deficiency in the payment of the first full calendar month that proportion liquidated damages and any excess thereof to any item of the Base Monthly Rent hereunder which the number of days between such Commencement Date and the first day of the next succeeding calendar month bears to thirty (30); the Base Monthly Rent prepaid pursuant to Section L of the Summary shall then be applied Rent, or any other charge, as Sublandlord may determine. Notwithstanding any other provision hereof to the Base Monthly Rent due contrary, Subtenant’s liability for Rents accruing during the first full calendar month Sublease Term and Sublandlord’s obligation to refund overpayment of Rents paid to it by Subtenant shall survive the Lease Term. In the event that the Lease Term is terminated for any reason on a date other than the last day expiration or sooner termination of a calendar month, on the first day of the last calendar month of the Lease Term Tenant shall pay to Landlord as Base Monthly Rent for the period from said first day of said last calendar month to and including the last day of the Lease Term that proportion of the monthly Base Monthly Rent hereunder which the number of days between said first day of said last calendar month and the last day of the term hereof bears to thirty (30)this Agreement.

Payment of Rent. Concurrently with Xxxxxx’s As used in this Lease, "Rent" shall mean the Base Rent, the Operating Expense reimbursements pursuant to Section 5.01, Tenant's Electricity Charge pursuant to Section 5.02B, the Parking Rent pursuant to Section 17.14 hereof, and all other monetary obligations provided for in this Lease to be paid by Tenant, all of which shall constitute rental in consideration for this Lease and the leasing of the Premises. Without invoice or other notice from Landlord, Tenant shall send Base Rent and other sums due hereunder in legal tender of the United States of America to Landlord at the address set forth in Section 1.01(o) or to such other person or at such other address as Landlord may from time to time designate in writing. The Rent shall be paid without notice, demand, abatement, deduction, or offset except as may be expressly set forth in this Lease. Upon execution of this Lease, Tenant shall pay to Landlord the an amount set forth equal to one months rent as described in Section L of the Summary as prepayment of rent for credit against the first installment(sSection1.01(l) of Base Monthly Rent. All rent required to be paid in monthly installments and any such amount shall be paid in advance on the first day of each calendar month during the Lease Term. If the date of an increase in Base Monthly Rent does not fall on the first day of a calendar month, such increase shall become effective on the first day of the next calendar month. All rent shall be paid in lawful money of the United States, without any abatement, deduction or offset whatsoever (except as specifically provided in Sections 5.2, 11.4 and 12.3), and without any prior demand therefor. Rent shall be paid to Landlord at its address set forth in Section R of the Summary, or at such other place as Landlord may designate from time to time. Tenant’s obligation to pay Base Monthly Rent and Xxxxxx’s Share of Common Operating Expenses shall be prorated at the commencement and expiration of the Lease Term. In the event that the Lease Term commences on a date other than the first day of a calendar month, on the Commencement Date Tenant shall pay to Landlord as Base Monthly Rent for the period from such Commencement Date to the first day of the first full calendar month that proportion of the Base Monthly Rent hereunder which the number of days between such Commencement Date and the first day of the next succeeding calendar month bears to thirty (30); the Base Monthly Rent prepaid pursuant to Section L of the Summary shall then be applied to the Base Monthly this first month's Rent due hereunder. Landlord shall, at its option, have the right to collect from Tenant, five cents ($.05) for the first full calendar month each dollar ($1.00) of the Lease Term. In the event that the Lease Term each installment of Rent which is terminated not received within five (5) business days of its due date after Landlord's written notice to Tenant for any reason whatsoever and Tenant agrees to pay such amount immediately on demand as liquidated damages to cover the additional costs of collecting and processing such late payments. Tenant acknowledges that the late payment by Tenant to Landlord of Rent due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and such late charges represent a date other than the last day of a calendar month, on the first day fair and reasonable estimate of the last calendar month cost that Landlord will incur by reason of the Lease Term Tenant late payment by Tenant. If such failure to pay Rent continues beyond a five (5) day period, any and all due and unpaid Rent shall pay to bear interest at the lesser of (i) eighteen percent (18%) per annum, or (ii) the maximum non-usurious rate allowed by applicable law (the "Default Interest Rate"), from the date such Rent became due until the date such Rent is received by Landlord. Such interest shall be immediately due and payable as additional Rent hereunder. The collection of such late charge and/or such interest by Landlord as Base Monthly Rent for the period from said first day of said last calendar month shall be in addition to and including the last day cumulative of the Lease Term that proportion of the monthly Base Monthly Rent hereunder which the number of days between said first day of said last calendar month any and the last day of the term hereof bears to thirty (30).all other remedies available to

Payment of Rent. Concurrently with Xxxxxx’s execution of this Lease, (a) Tenant shall pay to Landlord the amount Landlord, without notice or demand, and without any set-off, counterclaim, abatement or deduction whatsoever, except as otherwise expressly set forth in Section L this Lease, in lawful money of the Summary United States by wire transfer of funds to Landlord's account, as prepayment of rent for credit against the first installment(sdesignated by Landlord, or by check drawn upon a bank reasonably approved by Landlord, (i) of Base Monthly Rent. All rent required to be paid Fixed Rent in equal monthly installments shall be paid installments, in advance advance, on the first (1/st/) day of each calendar month during the Lease Term. If the date of an increase in Base Monthly Rent does not fall , commencing on the first day of a calendar month, such increase shall become effective on the first day of the next calendar month. All rent shall be paid in lawful money of the United States, without any abatement, deduction or offset whatsoever (except as specifically provided in Sections 5.2, 11.4 and 12.3)initial Rent Commencement Date, and without any prior demand therefor. Rent shall be paid to Landlord (ii) Additional Rent, at its address the times and in the manner set forth in Section R this Lease. (b) Provided no uncured Material Default shall then exist under this Lease, Tenant shall have the right to require Landlord to advance to Tenant up to a maximum aggregate amount of $10.00 multiplied by the Agreed Area of the Summary, or at such other place as Landlord may designate from time to timePremises (the "Supplemental Allowance"). Tenant’s obligation to pay Base Monthly Rent and Xxxxxx’s Share of Common Operating Expenses Such sum shall be prorated at the commencement elected and expiration used by Tenant in its sole discretion in accordance with Paragraph C.2 of the Lease TermDesign and Construction Agreement attached as Exhibit C. The amount of the Supplemental Allowance Tenant --------- elects to draw shall be treated as an assumed loan, which shall be fully amortized over the Initial Term in one hundred thirty-two (132) equal monthly payments. In the event that the Lease Term commences on a date other than the first day of a calendar month, on the Commencement Date Tenant shall pay to Landlord Landlord, as Base Monthly an addition to Fixed Rent (including without limitation for the period from such Commencement Date to purposes of determining damages, if any under Section 19.2) but not escalated with Fixed Rent, beginning with the first day full month of the first full calendar month that proportion Lease Year (if such amount can be calculated by such date) the monthly amortized amount of the Base Monthly Rent hereunder which Supplemental Allowance together with interest on the number of days between such Commencement Date and the first day outstanding balance of the next succeeding calendar month bears Supplemental Allowance at a fixed annual rate equal to thirty twelve percent (30); the Base Monthly Rent prepaid pursuant to Section L of the Summary shall then be applied to the Base Monthly Rent due for 12%) per annum. If the first full calendar month of the first Lease TermYear has already occurred, or any other months have already occurred, as of the date such amount is calculated, Tenant shall pay all monthly amortization payments which correspond to months that have already elapsed at the time of its first monthly payment. In the event that the this Lease Term is terminated shall terminate for any reason on a date other than prior to the last day of a calendar month, on the first day natural expiration of the last calendar month Term, the entire then unamortized portion of the Lease Term Tenant Supplemental Allowance shall pay be due and payable to Landlord as Base Monthly Rent for a part of Rent. Attached as Exhibit U is a sample, non-binding schedule of payments that --------- would be required assuming Tenant draws the period from said first day of said last calendar month to and including the last day maximum aggregate amount of the Supplemental Allowance in one lump sum on the date specified in Exhibit U. The --------- parties agree that this Lease Term that proportion of the monthly Base Monthly Rent hereunder which the number of days between said first day of said last calendar month and the last day of the term hereof bears to will be amended within thirty (30) days after the date on which the Supplemental Allowance is fully drawn but only to reflect the actual schedule of repayments by amending said Exhibit U. In the event Tenant --------- exercises Extension Options that contemplate a continuation of the existing terms and conditions, such amortization will be eliminated from Rent payments (but the failure to repay the Supplemental Allowance in full as of the end of the Initial Term will be a default hereunder, subject to applicable notice and cure rights). Tenant may, from time to time throughout the Initial Lease Term, prepay in full and without penalty, the unamortized principal balance of amounts amortized into Fixed Rent as aforesaid, provided (i) Tenant shall give Landlord thirty (30) days prior notice of such prepayment, (ii) Tenant shall include with any such prepayment the amount of accrued but unpaid interest, and (iii) the parties will promptly enter into an amendment to this Lease adjusting the Fixed Rent as may be necessary to reflect the effect of any such prepayment. Upon receipt of the entire unamortized amount of the Supplemental Allowance, Landlord shall confirm the payoff of the Supplemental Allowance in writing to Tenant.

Payment of Rent. Concurrently with Xxxxxx’s execution of this Lease, Tenant shall agrees to pay to Landlord Landlord, commencing on the amount set forth Rent Commencement Date, and continuing and monthly in Section L advance throughout the remainder of the Summary as prepayment of rent for credit against the first installment(s) of Base Monthly Rent. All rent required to be paid in monthly installments shall be paid in advance Lease Term, on the first day of each and every calendar month during the Lease Original Term. If , a sum equal to one-twelfth (1/12th) of the date of an increase Annual Fixed Rent specified in Base Monthly Rent does not fall Section 1.2 hereof and on the first day of each and every calendar month during each Extended Term (if exercised), a calendar month, such increase shall become effective on the first day sum equal to one-twelfth of the next calendar monthAnnual Fixed Rent as determined in Section 3.4 for the applicable Extended Term. All rent Annual Fixed Certain information indicated with [***] in this document has been omitted from this exhibit because it is both (i) not material and (ii) is the type that the registrant treats as private or confidential. Rent for any partial month shall be paid in lawful money of the United States, without any abatement, deduction or offset whatsoever (except as specifically provided in Sections 5.2, 11.4 and 12.3), and without any prior demand therefor. Rent shall be paid by Tenant to Landlord at its address set forth in Section R of such rate on a pro rata basis, and, if the Summary, or at such other place as Landlord may designate from time to time. Tenant’s obligation to pay Base Monthly Rent and Xxxxxx’s Share of Common Operating Expenses Commencement Date shall be prorated at the commencement and expiration of the Lease Term. In the event that the Lease Term commences on a date other than the first day of a calendar month, on the Commencement Date first payment of Annual Fixed Rent which Tenant shall pay make to Landlord as Base Monthly shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent for the period partial month from such the Rent Commencement Date to the first day of the succeeding calendar month. Annual Fixed Rent, Additional Rent, and all other charges for which provision is herein made shall be paid by remittance to or for the order of Landlord to the address for rent payment provided by Landlord to Tenant prior to the Rent Commencement Date or by via federally insured wire transfer (including ACH) pursuant to the wire instructions provided to Tenant by Landlord. Additional Rent payable by Tenant on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and the first full calendar month that proportion of payment on account thereof shall be determined in similar fashion and shall, unless otherwise expressly stated in this Lease, commence on the Base Monthly Rent hereunder which the number of days between such Commencement Date and the first day other provisions of this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant. The Annual Fixed Rent, Additional Rent and all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord in lawful money of the next succeeding calendar month bears to thirty (30); the Base Monthly Rent prepaid pursuant to Section L of the Summary shall then be applied to the Base Monthly Rent due for the first full calendar month of the Lease Term. In the event that the Lease Term is terminated for any reason on a date other than the last day of a calendar monthUnited States in immediately available funds and without notice or demand and with setoff, on the first day of the last calendar month of the Lease Term Tenant shall pay to Landlord deduction or abatement, except as Base Monthly Rent for the period from said first day of said last calendar month to and including the last day of the Lease Term that proportion of the monthly Base Monthly Rent hereunder which the number of days between said first day of said last calendar month and the last day of the term hereof bears to thirty (30)otherwise expressly set forth in this Lease.