Common use of Monthly Rent Clause in Contracts

Monthly Rent. (a) Throughout the Term of this Lease, Tenant will pay “Rent” to Landlord for the Leased Premises. Rent shall consist of Monthly Base Rent as set forth on Page Two of this Lease together with all additional rent (“Additional Rent”) required to be paid by Tenant to Landlord pursuant to Section 6 below, Commencing on the Rent Commencement Date, monthly Base Rent will be paid in advance on or before the first day of each calendar month throughout the Term. If the Rent Commencement Date shall be on any other day than the first day of a calendar month, then monthly Base Rent will be prorated based upon the actual number of calendar days in such month. Additional Rent will be paid in advance on or before the first day of each calendar month of the Term. If the Term commences on a day other than the first day of a calendar month or ends on a day other than the last day of a calendar month, then Additional Rent will be prorated by Landlord based on the actual number of calendar days in such month. Rent will be paid to Landlord, without written notice or demand, and without deduction or offset, in lawful money of the United States of America at Landlord’s Address as set forth on Page One of this Lease, or to such other address as Landlord may from time to time designate in writing. Tenant hereby acknowledges that late payment by Xxxxxx of Rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Leased Premises. Accordingly, if any installment of Rent or any other sums due from Tenant shall not be received by Landlord when

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

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

Monthly Rent. (a) Throughout the Term of this Lease, Tenant will pay “Rent” to Landlord for the Leased Premises. Rent shall consist of Monthly Base Rent as set forth on Page Two of this Lease together with all additional rent (“Additional Rent”) required to be paid by Tenant to Landlord pursuant to Section 6 below, a. Commencing on the Rent Commencement DateDate for each Increment of the Premises, monthly Base Rent will be paid in advance on or before the first day of each calendar month throughout during the Termterm hereof, Tenant shall pay to Landlord, as monthly rent for such Increment, the Monthly Rent specified in Paragraph 2.c. above. If the Rent Commencement Date shall be on for any other day than the first day of a calendar month, then monthly Base Rent will be prorated based upon the actual number of calendar days in such month. Additional Rent will be paid in advance on or before the first day of each calendar month of the Term. If the Term commences Increment occurs on a day other than the first day of a calendar month month, or ends if the term of this Lease terminates on a day other than the last day of a calendar month, then the Monthly Rent payable for the relevant Increment(s) for such partial month shall be appropriately prorated on the basis of a thirty (30)-day month. Monthly Rent and the Additional Rent will be prorated by Landlord based on the actual number of calendar days specified in such month. Rent will Paragraph 7 shall be paid by Tenant to Landlord, in advance, without written deduction, offset, prior notice or demand, and without deduction or offset, in immediately available funds of lawful money of the United States of America America, or by good check as described below, at Landlord’s Address as set forth on Page One the office of this LeaseShorenstein Company, L.P., at 000 Xxxxxxxxxx Xxxxxx, 00xx xxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000, or to such other address person or at such other place as Landlord may from time to time designate in writing. Payments made by check must be drawn either on a California financial institution or on a financial institution that is a member of the federal reserve system. Notwithstanding the foregoing, if the Rent Commencement Date for any Increment is delayed as a result of a Tenant hereby acknowledges that late payment Delay, then Tenant's obligation to pay rent for such Increment shall be accelerated by Xxxxxx the number of Rent or other sums due hereunder will cause days of such delay. Further, notwithstanding the foregoing, Tenant shall pay to Landlord to incur costs not contemplated by with Xxxxxx's execution of this Lease, an amount equal to one (1) month's Monthly Rent hereunder for the exact Premises, which amount of which will shall be extremely difficult applied to ascertain. Such costs include, but are not limited to, processing the Monthly Rent first due and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Leased Premises. Accordingly, if any installment of Rent or any other sums due from Tenant shall not be received by Landlord whenpayable hereunder.

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

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

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

Monthly Rent. (a) Throughout From and after the Term of this Lease, Tenant will pay “Rent” to Landlord for the Leased Premises. Rent shall consist of Monthly Base Rent as set forth on Page Two of this Lease together with all additional rent (“Additional Rent”) required to be paid by Tenant to Landlord pursuant to Section 6 below, Commencing on the Rent Commencement Date, monthly Base Rent will be paid in advance on or before the first day of Tenant shall pay to Landlord, for each calendar month throughout of the Term, the Monthly Rent set forth in Item 9 of the Basic Lease Provisions. If Monthly Rent for the Rent Commencement Date first partial month of the Term shall be on any other day than payable at the rate set forth in Item 9 of the Basic Lease Provisions for the first day twelve full calendar months of a calendar monththe Term, then monthly Base Rent will be prorated based upon for the actual number of calendar days days. Monthly Rent shall be due and payable to Landlord in such month. Additional Rent will be paid lawful money of the United States, in advance advance, on or before the first (1st) day of each calendar month of the Term. If the Term commences on a day other than the first day of a calendar month or ends on a day other than the last day of a calendar month, then Additional Rent will be prorated by Landlord based on the actual number of calendar days in such month. Rent will be paid to Landlord, without written notice abatement, deduction, claim or offset, and without prior Notice, invoice or demand, and without deduction or offset, in lawful money of the United States of America at Landlord’s Address as address for payment of Rent set forth on Page One in Item 1 of this Lease, the Basic Lease Provisions or to at such other address place as Landlord may from time to time designate in writingdesignate. Tenant’s payment of Monthly Rent for the first (1st) month of the Term for which Monthly Rent is payable, plus Tenant’s payment of Tenant’s Share of estimated Operating Expenses for the first (1st) month of the Term, shall be delivered to Landlord concurrently with Tenant’s execution of this Lease. Notwithstanding anything to the contrary contained herein and provided that Tenant hereby acknowledges that late payment by Xxxxxx faithfully performs all of Rent or other sums due hereunder will cause Landlord to incur costs not contemplated by the terms and conditions of this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs includeand no default by Tenant occurs hereunder beyond any applicable notice and cure period, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Leased Premises. Accordingly, if any installment of Rent or any other sums due from hereby agrees that Tenant shall not be received required to pay Monthly Rent during the period commencing on the Commencement Date and ending one hundred twenty (120) calendar days thereafter (the “Abatement Period”). The total amount of Monthly Rent abated during the Abatement Period shall not exceed $234,000.00. Except as provided in the second paragraph of Section 4.2 below, during the Abatement Period, Tenant shall still be responsible for the payment of all of its other monetary obligations under this Lease including all Additional Rent. In the event of a default by Tenant under the terms of this Lease that results in termination of this Lease in accordance with the provisions of Article XIX hereof, then as a part of the recovery set forth in Article XV of this Lease, Landlord whenshall be entitled to the immediate recovery, as of the day prior to such termination, of the Monthly Rent that was abated under the provisions of this Section 4.1.

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

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

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

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

Monthly Rent. (a) Throughout the Term of this Lease, Tenant will shall pay “Rent” to Landlord for the Leased Premises. Rent shall consist of Monthly Base Rent as set forth on Page Two of this Lease together with all additional rent (“Additional Rent”) required to be paid by Tenant to Landlord pursuant to Section 6 below, Commencing on the Rent Commencement Date, monthly Base Rent will be paid in advance on or before the first day of each calendar month throughout the Term. If the Rent Commencement Date shall be on any other day than the first day of a calendar month, then monthly Base Rent will be prorated based upon the actual number of calendar days in such month. Additional Rent will be paid in advance on or before the first day of each calendar month of the Term. If the Term commences on a day other than the first day of a calendar month or ends on a day other than the last day of a calendar month, then Additional Rent will be prorated by Landlord based on the actual number of calendar days in such month. Rent will be paid to Landlord, without written notice or demand, and without deduction or offset, in lawful money of the United States States, Monthly Rent as follows: commencing on the Commencement Date, and continuing through the balance of America at Landlord’s Address the Term (subject to adjustment pursuant to Paragraph 5.B), the initial Monthly Rent shall equal that amount calculated pursuant to the Build to Suit Agreement as set forth on Page One of this Leasethe Monthly Rent for the Building. Tenant shall have no obligation to pay Monthly Rent before the Commencement Date. Until the Monthly Rent is established under the Build to Suit Agreement, or the Monthly Rent shall be deemed to such other address as Landlord may equal that amount designated from time to time designate in writing. Tenant hereby acknowledges that late payment writing by Xxxxxx of Rent or other sums due hereunder will cause Landlord to incur costs not contemplated by Tenant as Landlord's reasonable estimate of the amount of Monthly Rent that will be established under the Build to Suit Agreement upon completion of the construction of the Building (collectively, the "Estimated Monthly Rent"), based upon Landlord's estimate of the Development Costs (as defined in the Build to Suit Agreement) that have been or will be incurred in constructing the Building. Upon the final establishment of the initial Monthly Rent in accordance with the Build to Suit Agreement, Landlord and Tenant shall each execute an addendum to this Lease setting forth the initial Monthly Rent under this Lease. If as of the date the initial Monthly Rent under this Lease is established (the "Rent Establishment Date"), the exact aggregate amount of which will be extremely difficult Estimated Monthly Rent previously paid by Tenant exceeds the aggregate amount of Monthly Rent payable under this Lease from the Commencement Date to ascertainthe Rent Establishment Date, then Landlord may elect, in its sole discretion, to either refund such excess to Tenant within thirty (30) days after the Rent Establishment Date, or offset such overpayment against Rent due or remaining due under this Lease. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord If as of the Rent Establishment Date the aggregate amount of Estimated Monthly Rent previously paid by the terms of any mortgage or trust deed covering the Leased Premises. Accordingly, if any installment of Rent or any other sums due from Tenant shall not be received by Landlord whenis less than the

Monthly Rent. (a) Throughout Tenant shall pay to Landlord, in lawful money of the United States, Monthly Rent as follows: commencing on the Commencement Date, and continuing through the balance of the Term (subject to adjustment pursuant to Paragraph 5.B), the initial Monthly Rent shall equal that amount calculated pursuant to the Build to Suit Agreement as the Monthly Rent for the Building. Tenant shall have no obligation to pay Monthly Rent before the Commencement Date. Until the Monthly Rent is established under the Build to Suit Agreement, the Monthly Rent shall be deemed to equal that amount designated from time to time in writing by Landlord to Tenant as Landlord's reasonable estimate of the amount of Monthly Rent that will be established under the Build to Suit Agreement upon completion of the construction of the Building (collectively, the "Estimated Monthly Rent"), based upon Landlord's estimate of the Development Costs (as defined in the Build to Suit Agreement) that have been or will be incurred in constructing the Building. Upon the final establishment of the initial Monthly Rent in accordance with the Build to Suit Agreement, Landlord and Tenant shall each execute an addendum to this Lease setting forth the initial Monthly Rent under this Lease, Tenant will pay “Rent” to Landlord for . If as of the Leased Premises. date the initial Monthly Rent shall consist of Monthly Base Rent as set forth on Page Two of under this Lease together with all additional rent is established (“Additional Rent”) required to be the "Rent Establishment Date"), the aggregate amount of Estimated Monthly Rent previously paid by Tenant exceeds the aggregate amount of Monthly Rent payable under this Lease from the Commencement Date to Landlord pursuant to Section 6 below, Commencing on the Rent Commencement Establishment Date, monthly Base then Landlord may elect, in its sole discretion, to either refund such excess to Tenant within thirty (30) days after the Rent will Establishment Date, or offset such overpayment against Rent due or remaining due under this Lease. If as of the Rent Establishment Date the aggregate amount of Estimated Monthly Rent previously paid by Tenant is less than Monthly Rent shall be paid in advance advance, on or before the first day of each calendar month throughout during the Term. If the Rent Commencement Date shall be on any other day than the first day of a calendar month, then monthly Base Rent will be prorated based upon the actual number of calendar days in such month. Additional Rent will be paid in advance on or before the first day of each calendar month of the Term. If the Term commences on a day other than the first day of a calendar month or ends on a day other than the last day of a calendar month, then Additional Rent will be prorated by Landlord based on the actual number of calendar days in such month. Rent will be paid to Landlord, without written abatement, deduction, claim, offset, prior notice or demand. Tenant shall pay to Landlord an amount equal to one (1) month's advance payment of Monthly Rent for the Premises upon the execution of this Lease by Landlord and Tenant. Additionally, Tenant shall pay, as and with the Monthly Rent, the management fee described in Paragraph 5.C., Tenant's Percentage Share of Common Area Maintenance Costs pursuant to Paragraph 5.D, the Real Property Taxes and Impositions payable by Tenant pursuant to Paragraph 15, and without deduction or offset, in lawful money the monthly cost of the United States of America at Landlord’s Address as set forth on Page One of this Lease, or insurance premiums required pursuant to such other address as Landlord may from time to time designate in writing. Tenant hereby acknowledges that late payment by Xxxxxx of Rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Leased Premises. Accordingly, if any installment of Rent or any other sums due from Tenant shall not be received by Landlord whenParagraph 21.C.

Monthly Rent. (a) Throughout Tenant shall pay to Landlord, in lawful money of ------------ the United States, Monthly Rent as follows: commencing on the Commencement Date, and continuing through the balance of the Term (subject to adjustment pursuant to Paragraph 5.B), the initial Monthly Rent shall equal that amount calculated ------------- pursuant to the Build to Suit Agreement as the Monthly Rent for the Building. Tenant shall have no obligation to pay Monthly Rent before the Commencement Date. Until the Monthly Rent is established under the Build to Suit Agreement, the Monthly Rent shall be deemed to equal that amount designated from time to time in writing by Landlord to Tenant as Landlord's reasonable estimate of the amount of Monthly Rent that will be established under the Build to Suit Agreement upon completion of the construction of the Building (collectively, the "Estimated Monthly Rent"), based upon Landlord's estimate of the Development ---------------------- Costs (as defined in the Build to Suit Agreement) that have been or will be incurred in constructing the Building. Upon the final establishment of the initial Monthly Rent in accordance with the Build to Suit Agreement, Landlord and Tenant shall each execute an addendum to this Lease setting forth the initial Monthly Rent under this Lease, Tenant will pay “Rent” to Landlord for . If as of the Leased Premises. date the initial Monthly Rent shall consist of Monthly Base Rent as set forth on Page Two of under this Lease together with all additional rent is established (“Additional Rent”) required to be the "Rent Establishment Date"), the aggregate amount of Estimated ----------------------- Monthly Rent previously paid by Tenant exceeds the aggregate amount of Monthly Rent payable under this Lease from the Commencement Date to the Rent Establishment Date, then Landlord may elect, in its sole discretion, to either refund such excess to Tenant within thirty (30) days after the Rent Establishment Date, or offset such overpayment against Rent due or remaining due under this Lease. If as of the Rent Establishment Date the aggregate amount of Estimated Monthly Rent previously paid by Tenant is less than the aggregate amount of Monthly Rent payable under this Lease from the Commencement Date to the Rent Establishment Date, then Tenant shall pay the deficiency to Landlord pursuant to Section 6 below, Commencing on within thirty (30) days after the Rent Commencement Establishment Date, monthly Base . Monthly Rent will shall be paid in advance advance, on or before the first day of each calendar month throughout during the Term. If the Rent Commencement Date shall be on any other day than the first day of a calendar month, then monthly Base Rent will be prorated based upon the actual number of calendar days in such month. Additional Rent will be paid in advance on or before the first day of each calendar month of the Term. If the Term commences on a day other than the first day of a calendar month or ends on a day other than the last day of a calendar month, then Additional Rent will be prorated by Landlord based on the actual number of calendar days in such month. Rent will be paid to Landlord, without written abatement, deduction, claim, offset, prior notice or demand, and without deduction or offset, in lawful money . Tenant shall pay to Landlord an amount equal to one (1) month's advance payment of Monthly Rent for the United States of America at Landlord’s Address as set forth on Page One Premises upon the execution of this LeaseLease by Landlord and Tenant. Additionally, or to such other address Tenant shall pay, as Landlord may from time to time designate in writing. Tenant hereby acknowledges that late payment by Xxxxxx of Rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Leaseand with the Monthly Rent, the exact amount management fee described in Paragraph 5.C., Tenant's -------------- Percentage Share of which will be extremely difficult Common Area Maintenance Costs pursuant to ascertain. Such costs includeParagraph 5.D, but are not limited tothe ------------- Real Property Taxes and Impositions payable by Tenant pursuant to Paragraph 15, processing ------------ and accounting charges, and late charges which may be imposed on Landlord by the terms monthly cost of any mortgage or trust deed covering the Leased Premises. Accordingly, if any installment of Rent or any other sums due from Tenant shall not be received by Landlord wheninsurance premiums required pursuant to Paragraph 21.C. --------------

Monthly Rent. (a) Throughout Tenant shall pay to Landlord, in lawful money of ------------ the United States, Monthly Rent as follows: commencing on the Commencement Date, and continuing through the balance of the Term (subject to adjustment pursuant to Paragraph 5.B), the initial Monthly Rent shall equal that amount calculated -------------- pursuant to the Build to Suit Agreement as the Monthly Rent for the Building. Tenant shall have no obligation to pay Monthly Rent before the Commencement Date. Until the Monthly Rent is established under the Build to Suit Agreement, the Monthly Rent shall be deemed to equal that amount designated from time to time in writing by Landlord to Tenant as Landlord's reasonable estimate of the amount of Monthly Rent that will be established under the Build to Suit Agreement upon completion of the construction of the Building (collectively, the "Estimated Monthly Rent"), based upon Landlord's estimate of the Development ---------------------- Costs (as defined in the Build to Suit Agreement) that have been or will be incurred in constructing the Building. Upon the final establishment of the initial Monthly Rent in accordance with the Build to Suit Agreement, Landlord and Tenant shall each execute an addendum to this Lease setting forth the initial Monthly Rent under this Lease, Tenant will pay “Rent” to Landlord for . If as of the Leased Premises. date the initial Monthly Rent shall consist of Monthly Base Rent as set forth on Page Two of under this Lease together with all additional rent is established (“Additional Rent”) required to be the "Rent Establishment Date"), the aggregate amount of Estimated ----------------------- Monthly Rent previously paid by Tenant exceeds the aggregate amount of Monthly Rent payable under this Lease from the Commencement Date to the Rent Establishment Date, then Landlord may elect, in its sole discretion, to either refund such excess to Tenant within thirty (30) days after the Rent Establishment Date, or offset such overpayment against Rent due or remaining due under this Lease. If as of the Rent Establishment Date the aggregate amount of Estimated Monthly Rent previously paid by Tenant is less than the aggregate amount of Monthly Rent payable under this Lease from the Commencement Date to the Rent Establishment Date, then Tenant shall pay the deficiency to Landlord pursuant to Section 6 below, Commencing on within thirty (30) days after the Rent Commencement Establishment Date, monthly Base . Monthly Rent will shall be paid in advance advance, on or before the first day of each calendar month throughout during the Term. If the Rent Commencement Date shall be on any other day than the first day of a calendar month, then monthly Base Rent will be prorated based upon the actual number of calendar days in such month. Additional Rent will be paid in advance on or before the first day of each calendar month of the Term. If the Term commences on a day other than the first day of a calendar month or ends on a day other than the last day of a calendar month, then Additional Rent will be prorated by Landlord based on the actual number of calendar days in such month. Rent will be paid to Landlord, without written abatement, deduction, claim, offset, prior notice or demand, and without deduction or offset, in lawful money . Tenant shall pay to Landlord an amount equal to one (1) month's advance payment of Monthly Rent for the United States of America at Landlord’s Address as set forth on Page One Premises upon the execution of this LeaseLease by Landlord and Tenant. Additionally, or to such other address Tenant shall pay, as Landlord may from time to time designate in writing. Tenant hereby acknowledges that late payment by Xxxxxx of Rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Leaseand with the Monthly Rent, the exact amount management fee described in Paragraph 5.C., Tenant's -------------- Percentage Share of which will be extremely difficult Common Area Maintenance Costs pursuant to ascertain. Such costs includeParagraph 5.D, but are not limited tothe ------------- Real Property Taxes and Impositions payable by Tenant pursuant to Paragraph 15, processing ------------ and accounting charges, and late charges which may be imposed on Landlord by the terms monthly cost of any mortgage or trust deed covering the Leased Premises. Accordingly, if any installment of Rent or any other sums due from Tenant shall not be received by Landlord wheninsurance premiums required pursuant to Paragraph 21.C. --------------