Common use of Payment of Rent Clause in Contracts

Payment of Rent. (a) Except as otherwise expressly provided in this Lease, the Rent shall be due and payable to Landlord in advance in monthly installments 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 Lease Term commences on other than the first (1st) day of a calendar month, then the Base Rental for such partial month shall be prorated and paid at the rental rate applicable during the first full month of the Lease Term for which a payment of rent is due. The Base Rental for the first full month of the Lease Term for which a payment of rent is due (i.e., the sixth [6th] full month of the Lease Term) plus an estimated monthly amount of Tenant’s Share of Operating Costs 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 of Operating Costs, as the case may be, by Landlord for the appropriate periods without any further notice by Tenant. If the Lease Term commences or ends at any time other than the first day of a calendar year, the Tenant’s Share of Operating Costs shall be prorated for such year according to the number of days of the Lease Term in such year.

Payment of Rent. (a) Except as otherwise expressly provided in As used herein, “Rent” shall include Base Rent, Subtenant’s Share of Master Lease Additional Rent, Subtenant’s Share of Sublandlord Operating Expenses and all other additional rent, costs, charges and expenses to be paid by Subtenant to Sublandlord pursuant to this Lease, the Sublease. Rent herein reserved or payable shall be due and payable paid at Sublandlord’s election, (i) to Landlord in advance in monthly installments on the first (1st) day of each calendar month during the Lease Term, at LandlordSublandlord’s address as provided on for payment of Rent set forth in the signature page of this Lease Defined Terms, or (ii) to such other person or payee and/or at such other address place as Landlord Sublandlord may designate from time to time designate in writing, in lawful money of the United States of America, as and when the same 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. Landlord may, at its option, xxxx Tenant for Rent, but no delay or failure by Landlord in providing such a xxxx Subtenant shall relieve Tenant from the obligation be required to pay Subtenant’s Share of Master Lease Additional Rent and Subtenant’s Share of Sublandlord Operating Expenses, and any additional rent payable hereunder, notwithstanding any dispute regarding such obligation, unless and until such dispute is finally resolved in favor of Subtenant (or Sublandlord, in any dispute relating to payments made by Sublandlord under the Base Rental on . Master Lease). In the event 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 Sublease Term 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 Lease Term commences on other than the first (1st) day of a calendar month or the last day of the Sublease Term is not the last day of the calendar month, then the Base Rental for such partial month shall be prorated Rent and paid at the rental rate applicable during the first full month of the Lease Term for which a payment of rent is due. The Base Rental for the first full month of the Lease Term for which a payment of rent is due (i.e., the sixth [6th] full month of the Lease Term) plus an estimated monthly amount of TenantSubtenant’s Share of Operating Costs 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 Master Lease Additional Rent and shall be applied to the payment of Base Rental and TenantSubtenant’s Share of Sublandlord Operating CostsExpenses and other costs and expenses shall be appropriately prorated based on the number of calendar days. 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, 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. By the later of 120 days following the end of each calendar year or 30 days following Sublandlord’s receipt of the year end true-up statement from Master Landlord, Sublandlord shall render Subtenant a statement in reasonable detail and according to usual accounting practices certified by a representative of Sublandlord, showing for the preceding calendar year or fraction thereof, as the case may be, by Landlord the Subtenant’s Share of Master Lease Additional Rent and Subtenant’s Share of Sublandlord Operating Expenses and other costs and expenses. Said statement to be rendered to Subtenant also shall show for the appropriate periods without preceding year or fraction thereof, as the case may be, the amounts already paid by Subtenant on account of Subtenant’s Share of Master Lease Additional Rent and Subtenant’s Share of Sublandlord Operating Expenses and other costs and expenses and the amount of remaining due from, or overpaid by, Subtenant for the year or other period covered by the statement. If such statement shows a balance remaining due to Sublandlord, Subtenant shall pay same to Sublandlord on or before the thirtieth (30th) day following receipt by Subtenant of said statement. Any balance shown as due to Subtenant shall be credited against Annual Base Rent next due, or refunded to Subtenant if the Sublease Term has then expired and Subtenant has no further obligation to Sublandlord. Subtenant shall have the right to examine, audit and photocopy Sublandlord’s books and records relating to Subtenant’s Share of Master Lease Additional Rent and Subtenant’s Share of Sublandlord Operating Expenses and other costs and expenses for any further calendar year for a period of three (3) months following the date that Subtenant receives the statement of actual Subtenant’s Share of Master Lease Additional Rent and Subtenant’s Share of Sublandlord Operating Expenses and other costs and expenses; provided, however, that (a) Subtenant may exercise such right only once per twelve (12) month period; and (b) Subtenant signs a confidentiality agreement in form reasonably satisfactory to Sublandlord. Subtenant shall give Sublandlord not less than thirty (30) days’ prior written notice of its intention to examine and audit such books and records, and such examination and audit shall take place at the main office of Sublandlord. All costs of the examination and audit shall be performed by Tenanta certified public accountant and shall be on a non-contingent fee basis and shall be borne by Subtenant; provided, however, that if such examination and audit establishes that Subtenant’s Proportionate Share of Operating Expenses and Taxes for the year in question are less than the amount set forth on the Sublandlord’s statement of Subtenant’s Share of Master Lease Additional Rent and Subtenant’s Share of Sublandlord Operating Expenses and other costs and expenses by at least five percent (5%), then Sublandlord shall pay the reasonable costs of such examination and audit. If the payments made by Subtenant for such year are more than Subtenant’s required payment on account thereof for such Operating Year, Sublandlord shall promptly refund such overpayment. If the payments made by Subtenant for such year are less than Subtenant’s required payment on account thereof for such Operating Year, Subtenant shall pay the deficiency to Sublandlord within thirty (30) days after conclusion of the examination and audit as well as Sublandlord’s actual out-of-pocket costs in connection with such examination and audit. The obligation to make such refund or payment for any period within the Lease Term commences or ends at shall survive expiration of the Sublease Term. If Subtenant does not elect to exercise its right to examine and audit Sublandlord’s books and records for any calendar year within the time other than the first day of a calendar yearperiod provided for by this Section, the TenantSubtenant shall have no further right to challenge Sublandlord’s statement as to Subtenant’s Share of Master Lease Additional Rent and Subtenant’s Share of Sublandlord Operating Costs shall be prorated for such year according to the number of days of the Lease Term in such yearExpenses and other costs and expenses.

Payment of Rent. (a) Except as otherwise expressly provided in this Lease, the The Annual Base Rent shall be due and payable to Landlord paid in equal consecutive monthly instalments in advance in monthly installments on the first (1st) day of each calendar and every month during the Lease Term. Subject to section 4.3, at Landlord’s address as provided the first monthly instalment of the Annual Base Rent shall be paid by the Tenant on the signature page Commencement Date of this the Term. The Landlord shall remit to the Tenant, before each Lease or Year, the estimated amount of the Additional Rent (other than the portion thereof which the Tenant shall pay directly to such other person or at such other address as 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 shall then be established for said Lease Year based on that estimate. The Landlord may from time to time designate during a Lease Year re-evaluate its estimate of such Additional Rent and of the Management Fee, and in writing. Landlord may, at its option, xxxx such case shall notify the Tenant in writing of the re-evaluation and establish monthly payments for Rent, but no delay the unexpired period of such Lease Year or failure by Landlord in providing of 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 part only of a check unless otherwise agreed Lease Year, so that after the Tenant is credited with the appropriate amounts paid by Landlordthe Tenant in accordance with the previous estimate, provided that payment by check 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 not be deemed made if remit to the check is not duly honored with good funds. The Tenant a statement indicating the actual amount of the Additional Rent shall be paid without notice, demand, abatement, deduction or offset, except as otherwise expressly provided in this Lease. If the Lease Term commences on (other than the first (1stportion thereof which the Tenant has paid directly to third parties) day and of a calendar monththe Management Fee for the said Lease Year. Should the amount of such Additional Rent and of the 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 Rental for such partial month shall be prorated and paid at the rental rate applicable during the first full month delivery of the Lease Term for which a payment of rent is due. The Base Rental for the first full month of the Lease Term for which a payment of rent is due (i.e., the sixth [6th] full month of the Lease Term) plus an estimated monthly amount of Tenant’s Share of Operating Costs 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 of Operating Costs, as the case may be, by Landlord for the appropriate periods without any further notice by Tenant. If the Lease Term commences or ends at any time other than the first day of a calendar year, the Tenant’s Share of Operating Costs shall be prorated for such year according to the number of days of the Lease Term in such yearabove-mentioned statement.

Payment of Rent. (a) Except as otherwise expressly provided All Rent, required to be paid in this Leasemonthly installments, the Rent shall be due and payable to Landlord paid in advance in monthly installments on the first twentieth (1st20th) day of each calendar month during the Lease Term. All Rent shall be paid in lawful money of the United States, without any abatement, deduction or offset whatsoever (except as specifically provided herein), and without any prior demand therefore. All Rent shall be paid to the Master Trustee for deposit in the Gross Revenue Fund (as that term is defined in the Loan Documents), and at Landlord’s such address as provided on the signature page of this Lease or to such other person Master Trustee notifies Tenant, or at such other address place as Landlord may designate from time to time designate in writingtime, with the approval of the Master Trustee as long as Landlord has any obligations pursuant to the terms of the Loan Documents. 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 Tenant’s 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 Lease Term commences on other than the first (1st) day of a calendar month, then the Base Rental for such partial month shall be prorated and paid at the rental rate applicable during the first full month commencement and expiration of the Lease Term for which over any partial month. In the event that Tenant receives a notice (each an “Additional Payment Notice”) from either Landlord or the Master Trustee that the Master Trustee has not received the required Base Rent component of Rent with respect to a Related Project on or before that date that such required payment of rent is due. The Base Rental for , then Tenant shall pay to the first full month Master Trustee, within three (3) business days after Tenant's receipt of the Lease Term for which a payment of rent is due (i.e.Additional Payment Notice, the sixth [6th] full month Additional Monthly Payment. Landlord covenants to immediately provide Tenant with a copy of any Additional Payment Notice received by Landlord pursuant to the terms of the Lease Term) plus an estimated monthly Master Indenture. As used herein, the “Additional Monthly Payment” shall mean the amount of set forth in such Additional Payment Notice, which shall be the Tenant’s 's Proportionate Share of Operating Costs described in Section 6(a) herein, is being deposited with Landlord by Tenant contemporaneously with the delivery Additional Monthly Payment. As used herein “Proportionate Share” shall mean the amount required to be paid by Tenant to ensure that all of the required Base Rent component of Rent with respect to all of the Related Projects (as that term is defined in the Master Indenture) have been timely made. Promptly after the Master Trustee refunds to Landlord of an executed copy of the Additional Monthly Payment amount paid by Tenant pursuant to this Lease and shall be applied Section 3.3 or otherwise releases or make such funds available to Landlord pursuant to the payment terms of Base Rental and Tenant’s Share of Operating Coststhe Loan Documents, as the case may be, by Landlord for the appropriate periods without any further notice by shall refund such amount to Tenant. If the Lease Term commences or ends at any time other than the first day of a calendar yearFor clarity, the Tenant’s Share of Operating Costs shall be prorated for such year according aforementioned refund mechanism applies with respect to the number refund of days of payments made by Tenant with respect to a Related Project after the Lease Term tenant with respect to such Related Project has paid rent and the Master Trustee has sufficient funds available in such yearthe Gross Revenue Fund account.

Payment of Rent. (a) Except as otherwise expressly provided in this Lease, the Rent shall be due and payable to Landlord in advance in monthly installments Commencing on the first (1st) Sublease Commencement Date and continuing throughout the Term, on or before the last day of each calendar month Subtenant shall be paid Base Rent and the Tenant’s Share of Common Expenses to Sublandlord at the following address: Blue Canyon Technology c/o: Xxxx Xxxxx 0000 Xxxxxxx Xxxx Xxxxxxx, Xxxxxxxx 00000 Sublandlord shall, within five days after receipt after the close of each year, provide to Subtenant a copy of the statement provided by Master Landlord pursuant to Section 5 of the Master Lease showing Tenant's. Share of Common Expenses for such year, the payments made during the Lease Termyear and any balance due or credit owing. Subtenant shall pay any balance owing to Sublandlord within 15 days after receipt of the statement, at and any credit due Subtenant shall be credited to Subtenant’s next monthly estimated payment or if the Sublease, has terminated or expired, it shall be refunded to Subtenant by Sublandlord or directly by Master Landlord. Until Subtenant receives a revised estimate of Tenant’s address as provided on the signature page Share, of this Lease or Common Expenses due pursuant to such other person or at such other address as Landlord may from time to time designate in writing. Landlord maySection 2(b)(ii), at its optionabove, xxxx Tenant for Rent, but no delay or failure by Landlord in providing such a xxxx Subtenant shall relieve Tenant from the obligation continue 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 Landlordto Sublandlord,, provided that payment by check and Subtenant 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 in default hereunder so long as otherwise expressly provided in this Lease. If the Lease Term commences on other than the first (1st) day of a calendar month, then the Base Rental for such partial month shall be prorated and paid at the rental rate applicable during the first full month of the Lease Term for which a payment of rent is due. The Base Rental for the first full month of the Lease Term for which a payment of rent is due (i.e.Subtenant pays timely to Sublandlord, the sixth [6th] full month of the Lease Term) plus an estimated monthly amount of Tenant’s Share of Operating Costs described in Section 6(a) herein, is being deposited with Landlord by Tenant contemporaneously with Common Expenses due for the delivery by Tenant preceding calendar year. Any other payment of Additional Rent that becomes due from Subtenant to Landlord of an executed copy of this Lease and Sublandlord hereunder shall be applied paid by Subtenant to Sublandlord within fifteen (15) days after Sublandlord shall have delivered an invoice to Subtenant setting forth the payment of Base Rental and Tenant’s Share of Operating Costs, as the case may be, by Landlord for the appropriate periods without any further notice by Tenant. If the Lease Term commences or ends at any time other than the first day of a calendar year, the Tenant’s Share of Operating Costs shall be prorated for such year according to the number of days of the Lease Term in such yearamount(s) due.

Payment of Rent. (a) Except as otherwise expressly provided in Concurrently with Xxxxxx’s execution of this Lease, the Rent Tenant shall be due and payable pay to Landlord the amount set forth in advance 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 (1st) day of each calendar month during the Lease Term, at Landlord’s address as provided on . If the signature page date of this Lease or to such other person or at such other address as Landlord may from time to time designate an increase 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 Monthly Rent does not fall 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 Lease Term commences on other than the first (1st) day of a calendar month, then 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 Rental for such partial month Monthly Rent and Xxxxxx’s Share of Common Operating Expenses shall be prorated and paid at the rental rate applicable during the first full month of the Lease Term for which a payment of rent is due. The Base Rental for the first full month of the Lease Term for which a payment of rent is due (i.e., the sixth [6th] full month commencement and expiration of the Lease Term) plus an estimated monthly amount of Tenant’s Share of Operating Costs described in Section 6(a) herein, is being deposited with Landlord by Tenant contemporaneously with . In 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 of Operating Costs, as the case may be, by Landlord for the appropriate periods without any further notice by Tenant. If event that the Lease Term commences or ends at any time on a date other than the first day of a calendar yearmonth, on the Tenant’s Share Commencement Date Tenant shall pay to Landlord as Base Monthly Rent for the period from such Commencement Date to the first day of Operating Costs shall be prorated for such year according to 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 in such yearTenant 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. (a) Except as otherwise expressly provided in this Lease, the Rent shall be due and payable to Landlord in advance in monthly installments 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 bxxx Tenant for Rent, but no delay or failure by Landlord in providing such a xxxx bxxx 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 Lease Term commences on other than the first (1st) day of a calendar month, then the Base Rental for such partial month shall be prorated and paid at the rental rate applicable during the first full month of the Lease Term for which a payment of rent is dueTerm. The Any such prorated Base Rental, plus the Base Rental for the first full month of the Lease Term for which a payment of rent is due (i.e., the sixth [6th] full month of the Lease Term) plus an estimated monthly amount of Tenant’s Share of Operating Costs 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 of Operating Costs, as the case may be, by Landlord for the appropriate periods without any further notice by Tenant. If the Lease Term commences or ends at any time other than the first day of a calendar year, the Tenant’s Share of Basic Operating Costs shall be prorated for such year according to the number of days of the Lease Term in such year.

Payment of Rent. (a) Except as otherwise expressly provided in this LeaseAll Base Rent, the Percentage Rent, Additional Rent and other sums shall be due 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 in advance in monthly installments on the first (1st) day of each calendar month during the Lease Termat 940 X. Xxxxx Blvd, at Landlord’s address as provided on the signature page of this Lease Winter Park, FL 32789, or to such other person person, firm or at such other address corporation as the Landlord may from time to time hereafter designate in writing. Landlord mayTenant agrees to pay a Ten dollar ($10.00) processing fee for submitting payment via check, at its 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, xxxx Tenant for Rentshall 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, but no delay or failure by Landlord in providing 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 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 complete Authorization Agreement in the form of a check unless otherwise agreed set forth in Exhibit I attached hereto or on such other form as shall be reasonably requested by Landlord, provided that payment together with a voided check for account verification, establishing arrangements whereby payments of the Rent and other funds are transferred by check ACH Payment initiated by Landlord from an account established by Tenant at a financial institution approved by Landlord. Thereafter, Tenant shall not be deemed made if continue to pay 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 check is not duly honored with good funds. The Rent shall be paid without noticeaccount Tenant designates for the ACH debit or any other delay resulting from Xxxxxx’s actions, demand, abatement, deduction or offset, except as otherwise expressly provided in subject to any cure period prescribed under this Lease. If the Lease Term commences on other than the first (1st) day of , shall immediately and automatically be a calendar month, then the Base Rental for such partial month shall be prorated and paid at the rental rate applicable during the first full month default of the Lease Term for which a payment of rent is due. The Base Rental for the first full month of the Lease Term for which a payment of rent is due (i.e., the sixth [6th] full month of the Lease Term) plus an estimated monthly amount of Tenant’s Share of Operating Costs 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 of Operating Costs, as the case may be, by Landlord for the appropriate periods without any further notice by Tenant. If the Lease Term commences or ends at any time other than the first day of a calendar year, the Tenant’s Share of Operating Costs shall be prorated for such year according to the number of days of the Lease Term in such yearLease.

Payment of Rent. (a) Except as otherwise expressly provided 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 be 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 and payable hereunder in legal tender of the United States of America to Landlord at the address set forth in advance in monthly installments on the first (1stSection 1.01(o) 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 deduction, or offset, offset except as otherwise may be expressly provided set forth in this Lease. If the Lease Term commences on other than the first (1st) day Upon execution of a calendar monththis Lease, then the Base Rental for such partial month Tenant shall be prorated and paid at the rental rate applicable during the first full month of the Lease Term for which a payment of pay to Landlord an amount equal to one months rent is due. The Base Rental for the first full month of the Lease Term for which a payment of rent is due (i.e., the sixth [6th] full month of the Lease Term) plus an estimated monthly amount of Tenant’s Share of Operating Costs as described in Section 6(a1.01(l) hereinand 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 being deposited with Landlord by not received within five (5) days of its due date for any reason whatsoever and Tenant contemporaneously with agrees to pay such amount immediately on demand as liquidated damages to cover the delivery additional costs of collecting and processing such late payments. Tenant acknowledges that the late payment by Tenant to Landlord of an executed copy Rent due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of this Lease which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and shall be applied to accounting charges, and such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of the late payment of Base Rental and Tenant’s Share of Operating Costs, as the case may be, by Landlord for the appropriate periods without any further notice 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 (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 shall be in addition to and cumulative of any and all other remedies available to Landlord. It is the intention of Landlord and Tenant to conform to all applicable laws concerning the contracting for, charging and receiving of interest. In the event that any payments of interest required under this Lease Term commences 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 or ends at 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 time other than the first day 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 result of a calendar yearbona fide error and a mistake. The obligation of Tenant to pay Rent is an independent covenant, the and no act or circumstance, whether constituting a breach of covenant by Landlord or not, shall release or modify Tenant’s Share of Operating Costs shall be prorated for such year according 's obligation to the number of days of the Lease Term in such yearpay Rent.

Payment of Rent. (a) Except as otherwise expressly provided in this LeaseTenant shall pay, the Rent shall be due and payable to Landlord in advance in monthly installments on the first (1st) day of each calendar month during the Lease Termwithout prior notice or demand, at Landlord’s address as provided on the signature page of this Lease or to such other person or at such other address place as Landlord may from time to time designate in writing. Landlord may, by a check for currency which, at its optionthe time of payment, xxxx Tenant is legal tender for private or public debts in the United States of America or pursuant to wire or electronic payment instructions provided by Landlord, base rent (“Base Rent”) as set forth in Section 4 of the Summary, but no delay payable in equal monthly installments as set forth in Section 4 of the Summary, in advance, on or failure by Landlord in providing such a xxxx shall relieve Tenant from the obligation to pay the Base Rental on before the first (1st) day of each and every calendar 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 during the Lease Term commences on other than the first (1st) day of a calendar monthTerm, then the without any setoff or deduction whatsoever. Base Rental for such partial month shall be prorated and paid at the rental rate applicable during the first full month of the Lease Term for which a payment of rent is due. The Base Rental Rent for the first full month of the Lease Term for which a payment of rent is due (i.e., shall be paid at the sixth [6th] full month of the Lease Term) plus an estimated monthly amount time of Tenant’s Share of Operating Costs 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 execution of this Lease and shall be applied to the payment of Base Rental and Tenant’s Share of Operating Costs, as the case may be, by Landlord for the appropriate periods without any further notice by TenantLease. If any Rent payment date (including the Lease Term commences or ends at any time Rent Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a calendar yearperiod which is shorter than one month, the Tenant’s Share of Operating Costs Rent for any fractional month shall be prorated accrue on a daily basis for the period from the date such year according payment is due to the number end of days such calendar month or to the end of the Lease Term in such yearat a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent shall together be denominated “Rent.” Without limiting the foregoing, Tenant’s obligation to pay Rent shall be absolute, unconditional and independent of any Landlord covenants and shall not be discharged or otherwise affected by any law or regulation ow or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein), any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence; provided, however, Tenant shall have the right to institute a suit for recovery of any damages suffered by Tenant as a consequence of a default by Landlord. Tenant’s covenants contained herein are independent and not dependent, and Tenant hereby waives the benefit of any statute or judicial law to the contrary.

Payment of Rent. Tenant shall pay all Base Rent and Additional Rent (adefined below) Except as otherwise expressly provided (collectively, “Rent”) to Landlord or Landlord’s agent, without prior notice or demand or any setoff or deduction, at the place Landlord may designate from time to time. As used herein, “Additional Rent” means all amounts, other than Base Rent, that Tenant is required to pay Landlord hereunder. Monthly payments of Base Rent and monthly payments of “Direct Expenses” (defined in this LeaseSection 4.1) (collectively, the Rent “Monthly Rent”) shall be due and payable to Landlord paid in advance in monthly installments on or before the first (1st) day of each calendar month during the Lease Term; provided, at Landlord’s address as provided on however, that the signature page installment 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 Base Rent 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 full calendar month for which Base Rent is payable hereunder and the installment of each Direct Expenses for the first full calendar month for which such Additional Rent is payable hereunder shall be paid upon Tenant’s execution and delivery hereof. Except as otherwise provided herein. All payments shall be in the form , all other items 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 Additional Rent shall be paid without notice, demand, abatement, deduction or offset, except as otherwise expressly provided in this Leasewithin 30 days after Landlord’s request for payment. If the Lease Term commences on other than the first (1st) day of a Rent for any partial calendar month, then the Base Rental for such partial month shall be prorated and paid at based on the rental rate applicable during the first full month of the Lease Term for which a payment of rent is due. The Base Rental for the first full month of the Lease Term for which a payment of rent is due (i.e., the sixth [6th] full month of the Lease Term) plus an estimated monthly amount of Tenant’s Share of Operating Costs 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 of Operating Costs, as the case may be, by Landlord for the appropriate periods without any further notice by Tenant. If the Lease Term commences or ends at any time other than the first day of a calendar year, the Tenant’s Share of Operating Costs shall be prorated for such year according to the actual number of days in such month. Without limiting Landlord’s other rights or remedies, (a) if any installment of Rent is not received by Landlord or its designee within five (5) business days after its due date, Tenant shall pay Landlord a late charge equal to 5% of the Lease Term in overdue amount; and (b) any Rent that is not paid within 10 days after its due date shall bear interest, from its due date until paid, at the lesser of 12% per annum or the highest rate permitted by Law; provided, however, that not more than once during each twelve (12) month period, Landlord shall give Tenant a notice of delinquency with respect to such yearlate payment of Rent, and a five (5) day grace period before imposing such late charge and/or accruing interest on unpaid Rent. Tenant’s covenant to pay Rent is independent of every other covenant herein.

Payment of Rent. (a) Except as otherwise expressly provided in Concurrently with the execution of this LeaseLease by both parties, the Rent Tenant shall be due and payable pay to Landlord the amount set forth in advance 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 (1st) day of each calendar month during the Lease Term; provided, at Landlordhowever, that other than the monthly installments of estimated payments of Tenant’s address as provided 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 signature page later of this Lease (i) the first day of the month after the written xxxx for the installment of Additional Rent is received by Tenant, or to such other person or at such other address as Landlord may from time to time designate in writing(ii) ten (10) Business Days after Tenant’s receipt of the written xxxx for the installment of Additional Rent. 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 If Section K of the obligation to pay Summary provides that the Base Rental Monthly Rent is to be increased during the Lease Term and if the date of such increase does not fall 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 Lease Term commences on other than the first (1st) day of a calendar month, then such increase shall become effective on the Base Rental for such partial month first day of the next calendar month. All rent shall be prorated and paid at the rental rate applicable during the first full month in lawful money of the Lease Term for which a payment of rent is dueUnited States, without any abatement, deduction or offset whatsoever (except as specifically provided in this Lease), and without any prior demand therefor. The Base Rental for the first full month Rent shall be paid to Landlord at its address set forth in Section Q of the Lease Term for which a payment of rent is due (i.e.Summary, or at such other place within the sixth [6th] full month of the Lease Term) plus an estimated monthly amount of continental United States as Landlord may designate from time to time. Tenant’s Share of Operating Costs described in Section 6(a) herein, is being deposited with Landlord by Tenant contemporaneously with the delivery by Tenant obligation to Landlord of an executed copy of this Lease and shall be applied to the payment of pay Base Rental Monthly Rent and Tenant’s Share of Common Operating Costs, as the case may be, by Landlord for the appropriate periods without any further notice by Tenant. If the Lease Term commences or ends at any time other than the first day of a calendar year, the Tenant’s Share of Operating Costs Expenses shall be prorated for such year according to at the number of days commencement and expiration of the Lease Term in such yearTerm.

Payment of Rent. (a) Except as otherwise expressly provided in this LeaseTenant agrees to pay to Landlord, commencing on the Rent shall be due Commencement Date, and payable to Landlord continuing and monthly in advance in monthly installments throughout the remainder of the Lease Term, on the first (1st) day of each and every calendar month during the Lease Original Term, at Landlord’s address as provided on a sum equal to one-twelfth (1/12th) of the signature page of this Lease or to such other person or at such other address as Landlord may from time to time designate Annual Fixed Rent specified 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 Section 1.2 hereof and on the first (1st) day of each and every calendar month during each Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent as provided hereindetermined in Section 3.4 for the applicable Extended Term. 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 Annual Fixed Certain information indicated with good funds. The Rent shall be paid without notice, demand, abatement, deduction or offset, except as otherwise expressly provided [***] in this Leasedocument 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. If the Lease Term commences on other than the first (1st) day of a calendar month, then the Base Rental Rent for such any partial month shall be prorated and paid at the rental rate applicable during the first full month of the Lease Term for which a payment of rent is due. The Base Rental for the first full month of the Lease Term for which a payment of rent is due (i.e., the sixth [6th] full month of the Lease Term) plus an estimated monthly amount of Tenant’s Share of Operating Costs 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 at such rate on a pro rata basis, and, if the Rent Commencement Date shall be applied to the payment of Base Rental and Tenant’s Share of Operating Costs, as the case may be, by Landlord for the appropriate periods without any further notice by Tenant. If the Lease Term commences or ends at any time other than the first day of a calendar yearmonth, the Tenant’s Share first payment of Operating Costs Annual Fixed Rent which Tenant shall make to Landlord shall be prorated a payment equal to a proportionate part of such monthly Annual Fixed Rent for such year according the partial month from the Rent Commencement Date to the number of days 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 payment on account thereof shall be determined in similar fashion and shall, unless otherwise expressly stated in this Lease, commence on the Commencement Date and other provisions of this Lease Term 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 such yearthis Lease shall be paid by Tenant to Landlord in lawful money of the 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.

Payment of Rent. (a) Except as otherwise expressly provided 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 be 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 and payable hereunder in legal tender of the United States of America to Landlord at the address set forth in advance in monthly installments on the first (1stSection 1.01(o) 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 deduction, or offset, offset except as otherwise may be expressly provided set forth in this Lease. If the Lease Term commences on other than the first (1stUpon execution of this Lease, Tenant shall pay to Landlord an amount equal to one months rent as described in Section1.01(l) day of a calendar month, then the Base Rental for and any such partial month amount shall be prorated applied to this first month's Rent due hereunder. Landlord shall, at its option, have the right to collect from Tenant, five cents ($.05) for each dollar ($1.00) of each installment of Rent which is not received within five (5) business days of its due date after Landlord's written notice to Tenant for any reason whatsoever and paid at Tenant agrees to pay such amount immediately on demand as liquidated damages to cover the rental rate applicable during additional costs of collecting and processing such late payments. Tenant acknowledges that the first full month of the Lease Term for which a late payment of rent is due. The Base Rental for the first full month of the Lease Term for which a payment of rent is due (i.e., the sixth [6th] full month of the Lease Term) plus an estimated monthly amount of Tenant’s Share of Operating Costs 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 Rent due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of this Lease which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and shall be applied to accounting charges, and such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of the late payment of Base Rental and Tenant’s Share of Operating Costs, as the case may be, by Landlord for the appropriate periods without any further notice 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 Lease Term commences lesser of (i) eighteen percent (18%) per annum, or ends at any time other than (ii) the first day of a calendar yearmaximum non-usurious rate allowed by applicable law (the "Default Interest Rate"), from the Tenant’s Share of Operating Costs date such Rent became due until the date such Rent is received by Landlord. Such interest shall be prorated for immediately due and payable as additional Rent hereunder. The collection of such year according late charge and/or such interest by Landlord shall be in addition to the number and cumulative of days of the Lease Term in such year.any and all other remedies available to

Payment of Rent. (a) Except as otherwise expressly provided in this Lease, the Rent shall be due and payable to Landlord in advance in monthly installments 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 Lease Term commences on other than the first (1st) day of a calendar month, then the Base Rental for such partial month shall be prorated and paid at the rental rate applicable during the first full month of the Lease Term for which a payment of rent is dueTerm. The Any such prorated Base Rental, plus the Base Rental for the first full month of the Lease Term for which a payment of rent is due (i.e., the sixth [6th] full month of the Lease Term) plus an estimated monthly amount of Tenant’s Share of Operating Costs 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 of Operating Costs, as the case may be, by Landlord for the appropriate periods without any further notice by Tenant. If the Lease Term commences or ends at any time other than the first day of a calendar year, the Tenant’s Share of Basic Operating Costs shall be prorated for such year according to the number of days of the Lease Term in such year.

Payment of Rent. The following provisions shall govern the payment of Rent and Adjustment Reimbursables: (ai) Except as otherwise expressly provided if this Lease commences or ends on a day other than the first day or last day of a calendar month, respectively, the 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, the and all Rent and Adjustment Reimbursables shall be due and payable to Landlord in advance in monthly installments on the first and addressed as follows: Matrix Crossroads, LLC 1000 Xxxxxxxx Xxxxxxx Xxxxx 00, Xxxxxxxxx, X.X. 00000 (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 subsequently designate); (iii) any sum due from Tenant to Landlord which is not paid when due shall bear interest from the date due until the date paid at the annual rate of four percentage points above the Prime Rate then most recently announced by The Wall Street Journal, from time to time designate in writing. Landlord may, at its option, xxxx Tenant for Renteffect, but in no delay 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 failure by Landlord in providing Adjustment Reimbursable payment which is paid more than five days after its due date equal to five percent (5%) of such a xxxx shall relieve Tenant from payment; (iv) if changes are made to this Lease or the obligation to pay Property changing the Base Rental on the first (1st) day number of each month as provided herein. All payments shall be square feet contained in the form of a check unless otherwise agreed by LandlordPremises or in the Property, provided that payment by check Landlord shall not be deemed made if make an appropriate adjustment to Tenant’s Property Share and Tenant’s Single-Story Building Share, as applicable; (v) in 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 Lease Term commences on other than the first (1st) day of a calendar month, then the Base Rental for such partial month shall be prorated and paid at the rental rate applicable during the first full month event of the Lease Term for which a payment of rent is due. The Base Rental for the first full month of the Lease Term for which a payment of rent is due (i.e., the sixth [6th] full month of the Lease Term) plus an estimated monthly amount of Tenant’s Share of Operating Costs 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 termination of this Lease and shall be applied prior to the payment determination of Base Rental and any Adjustment Reimbursables, Tenant’s Share agreement to pay any such sums and Landlord’s obligation to refund any such sums (provided Tenant is not in default hereunder) shall survive the termination of Operating Costs, as this Lease; (vi) no adjustment to the case 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 be, by Landlord for the appropriate periods without any further notice by Tenant. If the Lease Term commences or ends at any time other than change the first day fiscal year of a 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 Tenant’s Share of Operating Costs shall be prorated rate for the previous calendar year until Landlord delivers such year according to the number of days of the Lease Term in such yearestimate.

Payment of Rent. (a) Except as otherwise expressly provided in this LeaseTenant shall pay to Landlord, the Rent shall be due and payable to Landlord in advance in monthly installments 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 entity or at such other address place as Landlord may from time to time designate direct in writing. writing all amounts due Landlord mayfrom Tenant hereunder, at its optionincluding, xxxx Tenant for without limitation, Base Rent, but no delay or failure by Landlord Expense Adjustment and Tax Adjustment (all amounts due hereunder being referred to collectively as “Rent”). Except as specifically provided 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 Landlordthis Lease, 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 offsetset off of any kind, except 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 provided in 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. If the Lease Term commences on other than the first (1st) day of a calendar month, then the Base Rental for such partial month All Rent shall be prorated 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 ensure that all amounts of Rent are received by Landlord and paid at the rental rate applicable during the first full month of the available as and when due under this Lease Term for which a payment of rent is due. The Base Rental for the first full month of the Lease Term for which a payment of rent is due (i.e., the sixth [6th] full month delays in posting of the funds made by ACH Payment shall not relieve Tenant of its obligations to timely make payments under this Lease Termnor shall such delays be deemed a Force Majeure Cause), and (ii) plus an estimated monthly amount of Tenant’s Share of Operating Costs described in Section 6(aif more than two (2) herein, is being deposited with Landlord payments required to be made by Tenant contemporaneously with 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 use or funds are recalled for any reason), Landlord shall have the delivery right, upon ten (10) days’ prior written notice to Tenant, to revoke the right granted hereunder to make any subsequent payments of 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 paid 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 of Operating Costs, as the case may be, by Landlord for the appropriate periods without any further notice by Tenant. If the Lease Term commences or ends at any time other than the first day of a calendar year, the Tenant’s Share of Operating Costs shall be prorated for such year according to the number of days in lawful money of the Lease Term 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 office of Landlord or such other place in such year.the United States of America as Landlord may designate. As used herein,

Payment of Rent. Base Sublease Rent and Additional Sublease Rent (acollectively the “Rent”) Except as otherwise expressly provided in this Lease, the Rent shall be due and is payable to Landlord 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 (1st) calendar day of each calendar month during the Lease Sublease Term, at Landlord’s address as provided on except that the signature page first installment of Rent will be paid by Subtenant to Sublandlord upon execution of this Lease Agreement 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, the amount of monthly Rent payable by Subtenant shall be adjusted to take such modification into account. All Rent will be paid without notice, demand, set-off or to such other person deduction, in lawful money of the United States of America, at the address of Sublandlord for notices set forth below or at such other address place as Landlord Sublandlord 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 Lease Sublease Term commences begins on other than the first (1st) calendar day of a calendar monthmonth (i.e. the Effective Date), then Rent will be prorated on a per diem basis. If during the Base Rental 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 Sublandlord as liquidated damages for such partial month late payment, without notice or demand by Sublandlord, a sum equal to ten percent (10%) per annum on the amount of Rent then due, compounding monthly from the due date until paid in full and a $100.00 USD administrative charge. Subtenant and Sublandlord agree that such 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 prorated deemed or construed to be a limitation of or in substitution of Sublandlord’s other rights and paid at remedies as provided under this Agreement, and Sublandlord shall have the rental rate applicable during the right to apply any monies received from Subtenant first full month of the Lease Term for which a payment of rent is due. The Base Rental for the first full month of the Lease Term for which a payment of rent is due (i.e., the sixth [6th] full month of the Lease Term) plus an estimated monthly amount of Tenant’s Share of Operating Costs described to any deficiency 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 liquidated damages and Tenant’s Share any excess thereof to any item of Operating CostsRent, or any other charge, as the case Sublandlord may be, by Landlord for the appropriate periods without determine. Notwithstanding any further notice by Tenant. If the Lease Term commences or ends at any time other than the first day of a calendar year, the Tenant’s Share of Operating Costs shall be prorated for such year according provision hereof to the number contrary, Subtenant’s liability for Rents accruing during the Sublease Term and Sublandlord’s obligation to refund overpayment of days Rents paid to it by Subtenant shall survive the expiration or sooner termination of the Lease Term in such yearthis Agreement.

Payment of Rent. (a) Except as otherwise expressly provided in this Lease, the All Rent due and owing by Subtenant except Subtenant Rent shall be due payable directly to the Landlord as specified in the Lease; provided, however, if Landlord will not accept said payments, Subtenant shall notify Tenant of the same and Subtenant shall make such payments directly to Tenant, which will make such payments to Landlord. The Subtenant Rent shall be payable directly to Tenant. In connection with the payment of any Rent by Tenant or Subtenant to the Landlord in advance in monthly installments on throughout the first (1st) day of each calendar month during the Lease Term, a copy of the check or other confirmation of the payment thereof shall be sent by the party making such payment to the other party to this Sublease at Landlord’s the notice 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 set forth herein. All payments shall be in Tenant hereby acknowledges and agrees that notwithstanding the form of a check unless otherwise agreed by LandlordCommencement Date and Subtenant's early access, provided that payment by check if any, Subtenant shall not be deemed made if required to pay Base Annual Rent nor Subtenant Rent or any Additional Rent, including taxes and assessments, until June 1, 1997, and during such period Tenant shall be responsible to Landlord for payment of the check same. In the event the Commencement Date has not occurred by April 21, 1997, the June 1, 1997 date set forth above shall be advanced to July 1, 1997. In addition, should the Commencement Date occur after May 15, 1997, the July 1, 1997 date set forth above shall be advanced one (1) day for each day the Commencement Date is not duly honored with good fundsdelayed past May 15, 1997 because Tenant has failed to deliver Exclusive Possession of the Demised Premises to Subtenant as provided in Section 2 above in the condition required herein. The Subtenant shall deliver herewith to Tenant the sum of $28,750.00 which shall be retained by Tenant as a security deposit and, provided there is no default by Subtenant hereunder, shall be applied by Tenant against the last installment of Rent due by Subtenant hereunder. It is the intention of the parties that the Rent payable hereunder shall be net to Landlord/Tenant so that this Sublease shall yield to Landlord/Tenant the net Rent specified herein during the term of this Sublease, and that all costs, expenses and obligations of every kind and nature whatsoever relating to the Demised Premises during the Term shall be paid without notice, demand, abatement, deduction or offsetby Subtenant, except as otherwise expressly herein noted or noted in the Lease. Notwithstanding anything to the contrary contained herein, in the event of a fire or casualty to or condemnation of, the Demised Premises, all Rent payable hereunder shall xxxxx as provided in this Lease. If the Lease Term commences on other than the first (1st) day of a calendar month, then the Base Rental for such partial month shall be prorated Sections 9 and paid at the rental rate applicable during the first full month 10 of the Lease Term for which a payment and Subtenant shall have the right to terminate this Sublease (but not the Lease) pursuant to the terms of rent Sections 9 and 10 of the Lease, subject to the terms of Sections 9 and 10 of the Lease. No termination of this Sublease pursuant to this Section will be effective unless Tenant is due. The Base Rental for given notice of Subtenant's termination of this Sublease at least five (5) days prior to the first full month time Tenant is required to give notice of termination of the Lease Term for which a payment to Landlord pursuant to the provisions of rent is due (i.e., the sixth [6th] full month Sections 9 and 10 of the Lease Term) plus an estimated monthly amount of Tenant’s Share of Operating Costs 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 of Operating Costs, as the case may be, by Landlord for the appropriate periods without any further notice by TenantLease. If the Lease Term commences or ends at any time other than the first day of a calendar year, the Tenant’s Share of Operating Costs shall be prorated for such year according to the number of days of the Lease Term in such year.SECTION 5 -

Payment of Rent. (a) Except as otherwise expressly provided in this Lease, the Rent Default. Sublessee shall be due and payable to Landlord in advance in monthly installments 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 Monthly Rent shall be paid without notice, demand, abatement, deduction or offset, except as otherwise expressly provided in this Lease. If the Lease Term commences on other than the first (1st) day of a calendar month, then the Base Rental for such partial month shall be prorated and paid at the rental rate applicable during the first full month of the Lease Term for which a payment of rent is due. The Base Rental for the first full month of the Lease Term for which a payment of rent is due (i.e., the sixth [6th] full month of the Lease Term) plus an estimated monthly amount of Tenant’s Share of Operating Costs 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 of Operating Costs, as the case may be, by Landlord for the appropriate periods without any further notice by Tenant. If the Lease Term commences or ends at any time other Sublessor no later than the first day of each month in advance with a calendar year, the Tenant’s Share of Operating Costs shall be prorated for such year according five (5) day grace period. Sublessee acknowledges and agrees that this Sublease is subject and subordinate to the number of days terms of the Lease Term Agreement 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 yearacts or omissions in violation of any such provisions of the Lease Agreement. In the event Sublessee defaults under the terms of this Sublease, or under the terms of the Lease Agreement, Sublessor shall be afforded all of the rights and remedies allowed Landlord pursuant to the terms of the Lease Agreement, and all of such remedies in the Lease 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 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 Premises or any part thereof without the prior written consent of both Landlord and Sublessor.

Payment of Rent. Base Monthly Rent and Adjustments shall be due and payable, in advance, beginning on that date which is ninety (a90) Except as otherwise expressly 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, such to be applied to the first installment of Base Monthly Rent and Adjustments due on the Rent Commencement Date and thereafter applied to Base Monthly Rent and Adjustments until fully applied. Any installment of Base Monthly Rent or Adjustments due for any fractional calendar month shall be prorated based upon the actual number of days in that month. If the Rent Commencement Date occurs on the first day of a calendar month, then the month in which the Rent Commencement Date occurs shall be the first complete calendar month after the occurrence of the Rent 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 (hereinafter defined) shall be due paid at the times and payable in the amounts provided for herein in legal tender of the United States of America to Landlord at the address specified in advance in monthly installments 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 Paragraph 32 hereof 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 offset (unless expressly provided for elsewhere in this Lease. If the Lease Term commences on other than the first (1st) day of a calendar month, then the Base Rental for such partial month shall be prorated and paid at the rental rate applicable during the first full month of the Lease Term for which a payment of rent is due. The Base Rental for the first full month of the Lease Term for which a payment of rent is due (i.e., the sixth [6th] full month of the Lease Term) plus an estimated monthly amount of Tenant’s Share of Operating Costs 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 a covenant of Tenant independent of any obligation of Landlord under this Lease. Tenant's obligation to the payment pay any installment of Base Rental and Tenant’s Share Rent shall not be deemed satisfied until such installment of Operating Costs, as the case may be, Rent has actually been received by Landlord for the appropriate periods without any further notice by Tenant. If the Lease Term commences or ends at any time other than the first day of a calendar year, the Tenant’s Share of Operating Costs shall be prorated for such year according to the number of days of the Lease Term in such yearLandlord.

Payment of Rent. 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) Except if Sublandlord's obligation to pay Rent (as otherwise expressly provided such term is defined in this 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 due 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 payable (c) if Sublandlord receives any reimbursements for any payment of Direct Expenses under the Main Lease,, 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 advance in monthly installments 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 Section 26 below or to such other person or and/or at such other address as Landlord Sublandlord may from time to time designate in writingby notice to Subtenant. Landlord may, at its option, xxxx Tenant for Rent, but no delay No payment by Subtenant or failure receipt by Landlord in providing such a xxxx shall relieve Tenant from Sublandlord of any lesser amount than the obligation amount stipulated to pay the Base Rental on the first (1st) day of each month as provided herein. All payments be paid hereunder shall be in deemed other than on account of the form of a earliest stipulated Rent due under this Sublease; nor shall any endorsement or statement on airy check unless otherwise agreed by Landlord, provided that payment by check shall not or letter be deemed made if an accord and satisfaction, and Sublandlord may accept any check or payment without prejudice to Sublandlord's right to recover the check is not duly honored with good funds. The Rent shall be paid without notice, demand, abatement, deduction balance due or offset, except as otherwise expressly provided in this Lease. If the Lease Term commences on to pursue any other than the first (1st) day of a calendar month, then the Base Rental for such partial month shall be prorated and paid at the rental rate applicable during the first full month of the Lease Term for which a payment of rent is due. The Base Rental for the first full month of the Lease Term for which a payment of rent is due (i.e., the sixth [6th] full month of the Lease Term) plus an estimated monthly amount of Tenant’s Share of Operating Costs described in Section 6(a) herein, is being deposited with Landlord by Tenant contemporaneously with the delivery by Tenant remedy available to Landlord of an executed copy of this Lease and shall be applied to the payment of Base Rental and Tenant’s Share of Operating Costs, as the case may be, by Landlord for the appropriate periods without any further notice by Tenant. If the Lease Term commences or ends at any time other than the first day of a calendar year, the Tenant’s Share of Operating Costs shall be prorated for such year according to the number of days of the Lease Term in such yearSublandlord.

Payment of Rent. (a) Except as otherwise expressly provided in this --------------- Lease, the all Base Rent and Additional Rent shall be due and payable to Landlord in advance in monthly installments on the first (1st) day of each calendar month during the Lease Term. Rent shall be paid to Landlord at its address recited in Section 27.7, at Landlord’s address as provided on the signature page of this Lease or to such other person or at such other address in the United States 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 offset in this Leaselegal tender of the United States of America. If The Base Rent for the first full calendar month of the Lease Term shall be paid on the Commencement Date of the Lease. In addition, if the Term commences or ends on other than the first (1st) or the last day of a calendar month, then the Base Rental Rent for such the partial month shall be prorated and paid at on the rental rate applicable basis of the number of days during the first full month of the Lease Term for which a payment of rent is due. The Base Rental for the first full month of the Lease Term for which a payment of rent is due (i.e., the sixth [6th] full month of the Lease Term) plus an estimated monthly amount of Tenant’s Share of Operating Costs 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 of Operating Costs, as the case may be, by Landlord for the appropriate periods without any further notice by Tenantapplicable month. If the Lease Term commences or ends at any time on other than the first or the last day of a calendar yearFiscal Year, the Tenant’s Share of Operating Costs Additional Rent for the partial Fiscal Year calculated as provided in paragraph 5.3 above shall be prorated for such year according to on the basis of the number of days during the 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 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 Premises. In the event Landlord's Mortgagee succeeds to the Landlord's interests under this Lease Term in 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 yearthat 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. (a) Except Sublessee hereby covenants and agrees to pay rent to Sublessor, without offset or deduction of any kind whatsoever, in the form and at the times as otherwise expressly provided in this Lease, the Rent herein specified. All rent shall be paid to Sublessor at 0000 Xxx Xxxxxx, Santa Clara, CA unless and until Sublessee is otherwise notified in writing. Rent payments in the monthly amount set forth below shall be payable monthly, in advance, due and payable to Landlord in advance in monthly installments on the first (1st) day of each calendar month during the Lease Term, at Landlord’s address as provided commencing on the signature page of this Lease Commencement Date hereof and delinquent if not paid on 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 before the obligation to pay the Base Rental on the first third (1st3rd) day of each 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 provided hereinwell 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 payments 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 form 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 check unless otherwise agreed disproportionate amount of such electricity and / or gas, Sublessor may charge for such excess as is reasonably determined by LandlordSublessor. 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 that payment by check shall not be deemed made if the check true-up, with copies of the utility bills and an invoice of what 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 Leaseowed. If the Lease Term commences on Sublessee can show that the excess usage is due to Sublessor’s or any other than the first (1st) day of a calendar monthsublessee’s excess usage, then Sublessee will not be charged for the Base Rental excess usage. Advance rent: Concurrently with Sublessee’s execution and delivery of the Sublease, Sublessee shall pay to Sublessor the Full Service Rent payable by Sublessee for such partial month shall be prorated and paid at the rental rate applicable during the first full month of January 2009, in the Lease Term for which a payment of rent is due. The Base Rental for the first full month of the Lease Term for which a payment of rent is due (i.e., the sixth [6th] full month of the Lease Term) plus an estimated monthly amount of Tenant’s Share of Operating Costs described in Section 6(aseventeen thousand two hundred and seventy ($17,270) 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 of Operating Costs, as the case may be, by Landlord for the appropriate periods without any further notice by Tenant. If the Lease Term commences or ends at any time other than the first day of a calendar year, the Tenant’s Share of Operating Costs shall be prorated for such year according to the number of days of the Lease Term in such yeardollars.

Payment of Rent. (a) Except as otherwise expressly provided in this Lease, The Tenant shall deliver to the Rent Landlord on or before the Commencement Date an executed authorization and a voided cheque to enable the Landlord to draw or issue a debit to the Tenant’s designated bank account at the designated branch of the Tenant’s bank or financial institution. Each monthly debit shall be due and payable to Landlord in advance in monthly installments made on the first (1st) day of each calendar the month during in an amount equal to the Lease Termmonthly Base Rent and Occupancy Costs payment and any ancillary agreement such as, at Landlord’s address without limitation, parking or storage agreements, as provided on the signature page of this Lease or to such other person or at such other address as Landlord it may be adjusted from time to time designate in writingaccordance with the terms of this Lease, The Tenant shall not terminate the authorization for the Landlord to draw or issue a debit to the Tenant’s bank account. Should the Tenant change banks or financial institutions or branches within the same bank or financial institution during the Term of this Lease, then the Tenant shall deliver a new executed authorization and voided cheque to enable the Landlord may, at its option, xxxx to draw or issue a debit to the new account of the Tenant for Rent, but no delay or failure by Landlord in providing such a xxxx shall relieve payment of monthly Base Rent and Occupancy Costs payment. The Tenant from the obligation further covenants and agrees to pay promptly, when billed, any amounts due under the Base Rental on terms of this Lease that are not specifically covered by the first (1st) day of each month as provided hereinforegoing monthly debits. All payments shall be in In the form of a check unless otherwise agreed event that any debit issued by Landlord, provided that payment the Landlord and any cheque issued by check the Tenant 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 Lease Term commences on other than the first (1st) day of a calendar month, then the Base Rental for such partial month shall be prorated and paid at the rental rate applicable during the first full month of the Lease Term for which a payment of rent is due. The Base Rental for the first full month of the Lease Term for which a payment of rent is due (i.e., the sixth [6th] full month of the Lease Term) plus an estimated monthly amount of Tenant’s Share of Operating Costs 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 of Operating Costs, as the case may be, by Landlord for the appropriate periods without any further notice by Tenant. If the Lease Term commences or ends at any time other than the first day of a calendar year, the Tenant’s Share of Operating Costs bank or financial institution for any reason, then, in addition to any other remedies the Landlord may have, the Tenant shall be prorated for such year according pay to the number Landlord, upon request, One Hundred Dollars ($100.00) for each occurrence which amount represents the estimated costs of days of processing the Lease Term in such yeardishonored debit or cheque and re-debiting the Tenant’s account or processing a replacement cheque.

Payment of Rent. (a) Except as otherwise expressly provided in this Lease, the Annual Base Rent shall be due and payable to Landlord paid quarterly in --------------- advance in monthly installments on the first day of each January, April and July for the second, third and fourth quarters of each Lease Year and on the thirtieth (1st30th) day of October for the first quarter of each calendar month 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, at Landlord’s address Tenant shall deliver to Landlord (i) Tenant's calculation of the Adjusted Gaming Win actually received by Tenant for the Lease Year just completed, certified as provided 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 amount equal to one hundred percent (100%) of the Percentage Rent due for the Lease Year most recently completed based on the signature page actual Adjusted Gaming Win for such Lease Year. All rent shall be paid in lawful money of this Lease the United States to Landlord at its address set forth for notices in paragraph 17.3, or to such other person or at such other address place as Landlord may designate 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 deduction, offset or offsetprior demand therefor, except as otherwise expressly provided in this Lease. If the Lease Term commences on other than the first (1st) day of a calendar month, then the Annual Base Rental for such partial month Rent and Percentage Rent shall be prorated and paid at the rental rate applicable during the first full month as of the Lease Term for which a payment of rent is due. The Base Rental for the first full month of the Lease Term for which a payment of rent is due (i.e., the sixth [6th] full month commencement or expiration or earlier termination of the Lease Term) plus an estimated monthly amount of Tenant’s Share of Operating Costs 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 of Operating Costs, as the case may be, by Landlord for the appropriate periods without any further notice by Tenant. If the Lease Term commences or ends at any time other than the first day of a calendar year, the Tenant’s Share of Operating Costs shall be prorated for such year according to the number of days of the Lease Term in such year.

Payment of Rent. (a) Except as otherwise expressly provided in this LeaseTenant shall pay, the Rent shall be due and payable without prior notice or demand, to Landlord in advance in monthly installments on the first (1st) day of each calendar month during the Lease Term, at Landlord’s address as provided on agent at the signature page management office of this Lease or to such other person the Project or at such other address place as Landlord may from time to time designate in writing. Landlord may, by a check for currency which, at its optionthe time of payment, xxxx Tenant is legal tender for private or public debts in the United States of America or pursuant to wire or electronic payment instructions provided by Landlord, base rent (“Base Rent”) as set forth in Section 4 of the Summary, but no delay payable in equal monthly installments as set forth in Section 4 of the Summary, in advance, on or failure by Landlord in providing such a xxxx shall relieve Tenant from the obligation to pay the Base Rental on before the first (1st) day of each and every calendar month as provided herein. All payments shall be in during the form of a check unless otherwise agreed by LandlordLease Term, 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, any setoff or deduction or offsetwhatsoever, except as otherwise may be expressly provided set forth in this Lease. If the Lease Term commences on other than the first (1st) day of a calendar month, then the Base Rental for such partial month shall be prorated and paid at the rental rate applicable during the first full month of the Lease Term for which a payment of rent is due. The Base Rental Rent for the first full month of the Lease Term for which a payment of rent is due (i.e., shall be paid at the sixth [6th] full month of the Lease Term) plus an estimated monthly amount time of Tenant’s Share of Operating Costs 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 execution of this Lease and shall be applied to the payment of Base Rental and Tenant’s Share of Operating Costs, as the case may be, by Landlord for the appropriate periods without any further notice by TenantLease. If any Rent payment date (including the Lease Term commences or ends at any time Commencement Date) falls on a day of the month other than the first day of such month or if any payment of Rent is for a calendar yearperiod which is shorter than one month, the Tenant’s Share of Operating Costs Rent for any fractional month shall be prorated accrue on a daily basis for the period from the date such year according payment is due to the number end of days such calendar month or to the end of the Lease Term at a rate per day which is equal to 1/365 of the applicable annual Rent. All other payments or adjustments required to be made under the terms of this Lease that require proration on a time basis shall be prorated on the same basis. Base Rent and Additional Rent shall together be denominated “Rent”. Without limiting the foregoing, Tenant’s obligation to pay Rent shall be absolute, unconditional and independent of any Landlord covenants and shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the Premises, or any other restriction on Tenant’s use, or (except as expressly provided herein) any casualty or taking, or any failure by Landlord to perform any covenant contained herein, or any other occurrence; and Tenant assumes the risk of the foregoing and waives all rights now or hereafter existing to terminate or cancel this Lease or quit or surrender the Premises or any part thereof (absent a judicial order providing for such termination or cancellation), or to assert any defense in such yearthe nature of constructive eviction (in which Tenant asserts that its use and enjoyment of the Premises has been disrupted due to any entry by Landlord of the Premises in accordance with Section 27.2 of this Lease, any renovation of the Project or any casualty or condemnation affecting the Project) to any action seeking to recover rent (except to the extent Tenant’s obligation to pay Base Rent may be expressly abated pursuant to Articles 11 and 13 of this Lease). Tenant’s covenants contained herein are independent and not dependent, and Tenant hereby waives the benefit of any statute or judicial law to the contrary.

Payment of Rent. (a) Except as otherwise expressly provided in this Lease, the The Annual Base Rent shall be due and payable to Landlord paid in equal consecutive monthly instalments in advance in monthly installments on the first (1st) day of each calendar and every month during the Lease Term. Subject to section 4.3, the first monthly instalment of the Annual Base Rent shall be paid by the Tenant on the Commencement Date of the Term, at Landlord’s address as provided 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 shall then be established for said Lease Year based on the signature page of this Lease or to such other person or at such other address as that estimate. The Landlord may from time to time designate during a Lease Year re-evaluate its estimate of such Additional Rent and of the Management Fee, and in writing. Landlord may, at its option, xxxx such case shall notify the Tenant in writing of the re-evaluation and establish monthly payments for Rent, but no delay the unexpired period of such Lease Year or failure by Landlord in providing of 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 part only of a check unless otherwise agreed Lease Year, so that after the Tenant is credited with the appropriate amounts paid by Landlordthe Tenant in accordance with the previous estimate, provided that payment by check 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 not be deemed made if remit to the check is not duly honored with good funds. The Tenant a statement indicating the actual amount of the Additional Rent shall be paid without notice, demand, abatement, deduction or offset, except as otherwise expressly provided in this Lease. If the Lease Term commences on (other than the first (1stportion thereof which the Tenant has paid directly to third parties) day and of a calendar monththe Management Fee for the said Lease Year. Should the amount of such Additional Rent and of the 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 Rental for such partial month shall be prorated and paid at the rental rate applicable during the first full month delivery of the Lease Term for which a payment of rent is due. The Base Rental for the first full month of the Lease Term for which a payment of rent is due (i.e., the sixth [6th] full month of the Lease Term) plus an estimated monthly amount of Tenant’s Share of Operating Costs 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 of Operating Costs, as the case may be, by Landlord for the appropriate periods without any further notice by Tenant. If the Lease Term commences or ends at any time other than the first day of a calendar year, the Tenant’s Share of Operating Costs shall be prorated for such year according to the number of days of the Lease Term in such yearabove-mentioned statement.

Payment of Rent. (a) Except as otherwise expressly provided in this LeaseTenant agrees to pay to Landlord, commencing on the Fixed Rent shall be due Commencement Date, and payable to Landlord continuing and monthly in advance in monthly installments throughout the remainder of the Lease Term, on the first (1st) day of each and every calendar month during the Lease Original Term, at Landlord’s address as provided on a sum equal to one-twelfth (1/12th) of the signature page of this Lease or to such other person or at such other address as Landlord may from time to time designate Annual Fixed Rent specified 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 Section 1.2 hereof and on the first (1st) day of each and every calendar month during each Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent as provided hereindetermined in Section 3.2 for the applicable Extended Term. 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 Annual Fixed Rent shall be paid without notice, demand, abatement, deduction or offset, except as otherwise expressly provided in this Lease. If the Lease Term commences on other than the first (1st) day of a calendar month, then the Base Rental for such any partial month shall be prorated and paid at the rental rate applicable during the first full month of the Lease Term for which a payment of rent is due. The Base Rental for the first full month of the Lease Term for which a payment of rent is due (i.e., the sixth [6th] full month of the Lease Term) plus an estimated monthly amount of Tenant’s Share of Operating Costs 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 at such rate on a pro rata basis, and, if the Fixed Rent Commencement Date shall be applied to the payment of Base Rental and Tenant’s Share of Operating Costs, as the case may be, by Landlord for the appropriate periods without any further notice by Tenant. If the Lease Term commences or ends at any time other than the first day of a calendar yearmonth, the Tenant’s Share first payment of Operating Costs Annual Fixed Rent which Tenant shall make to Landlord shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent for the partial month from the Fixed Rent Commencement Date to the first day of the succeeding calendar 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 or for the 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 such year according to the number of days any partial month of the Lease Term Term, and the first payment on account thereof shall be determined in such yearsimilar fashion and shall, unless otherwise expressly stated in this Lease, commence on the 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 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 the Premises and service inspections therefor except as otherwise provided in Article VII and, as further Additional Rent, all charges for additional and special services rendered pursuant to Article VII.

Payment of Rent. Lessee shall pay to Lessor as Monthly Rent for the above Equipment the sum of Dollars (a$ ) Except as otherwise expressly provided in this Lease, each month for the Rent shall first ( ) months; Dollars ($ ) each month for the subsequent ( ) months; and Dollars ($ ) each month for the final ( ) months. Payment will be due and payable to Landlord made in advance in monthly installments on or before 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 Lease Term commences on other than the first (1st) day of a calendar month, then the Base Rental for such partial month shall be prorated and paid at the rental rate applicable during the first full month of the Lease Term for which a payment of rent is due. The Base Rental for the first full month of the Lease Term for which a payment of rent is due (i.e., the sixth [6th] full month of the Lease Term, or any extensions thereof. Rental payments for Months One (1) plus an estimated monthly amount of Tenant’s Share of Operating Costs described in Section 6(aand Twenty-Four (24) herein, is being deposited with Landlord by Tenant contemporaneously with the delivery by Tenant to Landlord of an executed copy are due upon signing of this Lease Schedule with the rental payment for the first month being applied to the rent payable for the period between the date of delivery of the Equipment and the Commencement Date, with the balance of such first month’s payment if any, applied to the rent for the month beginning with the Commencement Date (collectively, the “Advance Rentals”). Payment of the Advance Rentals shall be irrevocable, shall be deemed to have been earned by Lessor immediately upon Lessor’s receipt thereof, and shall be applied immediately to satisfy Lessee’s obligations to make such payment under this Lease. The Advance Rentals shall not be refundable to Lessee under any circumstances, including (without limitation) any termination of this Lease for any reason prior to the payment end of Base Rental its scheduled term in accordance with the terms hereof. In the event the term of this Lease does not commence for any reason whatsoever, the Advance Rentals shall be retained by Lessor not as a penalty but as liquidated damages to cover Lessor’s administrative expenses in processing the application for such Lease. Lessee shall, upon Lessor’s demand, promptly pay or reimburse Lessor for all documentation and Tenantadministrative fees and expenses relating to the Equipment and this Lease, including (without limitation) Lessor’s Share standard documentation fees, UCC and other search fees, UCC filing fees, and other related fees, costs and expenses. Payment of Operating Costs, all rentals and other amounts payable hereunder shall be made to Lessor as specified in Section 14 of the case may be, by Landlord for the appropriate periods without any further notice by TenantMaster Equipment Lease. If delivery of the Lease Term commences or ends at any time Equipment takes place on other than the first day of a calendar yearmonth, the Tenant’s Share of Operating Costs Rent for such partial first month shall be prorated for such year according to the amount obtained by multiplying the following: Fraction of Monthly Rent as set forth above times the number of days remaining in such partial first month: provided, however, that (a) if less than all of the Lease Term in Equipment is delivered prior to the Commencement Date, then Lessee shall pay Rent to the Lessor for the period between such yeardate of delivery and the Commencement Date, which Rent for each full month of such period shall be determined by multiplying by a fraction whose numerator shall be the cost of the Equipment so delivered and whose denominator shall be the total cost of all of the Equipment, and (b) if the date of Lessee’s written acceptance of delivery of all of the Equipment is prior to the Commencement Date, then Lessee shall pay Rent to Lessor for the period between such acceptance date and the Commencement Date, which Rent for each full month of such period shall be determined by multiplying by a fraction whose numerator shall be the cost of the Equipment delivered as of the acceptance date and whose denominator shall be the total cost of all of the Equipment.

Payment of Rent. The following provisions shall govern the payment of Rent: (ai) Except as otherwise expressly provided in this Lease, the Rent shall be due and payable to Landlord in advance in monthly installments on the first (1st) day of each calendar month during the Lease Term, at Landlord’s address as provided on the signature page of if this Lease commences 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 ends on 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 Lease Term commences on other than the first (1st) day or last day of a calendar month, then respectively, the Base Rental Rent for such partial the month in which this Lease so begins or ends shall be prorated accordingly, and paid at the rental rate applicable during the first full month of the Lease Term for which a payment of rent is due. The Base Rental for the first full month of the Lease Term for which a payment of rent is due (i.e., the sixth [6th] full month of the Lease Term) plus an estimated monthly amount of Tenant’s Share of Operating Costs 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 if this Lease and shall be applied to the payment of Base Rental and Tenant’s Share of Operating Costs, as the case may be, by Landlord for the appropriate periods without any further notice by Tenant. If the Lease Term commences or ends at any time on a day other than the first day or last day of a calendar year, respectively, the Tenant’s Share of Operating Costs Additional Rent for the year in which the Lease so begins or ends shall be prorated for such year according to accordingly based on the number of days in such calendar year falling within the Term (and the monthly installments shall be adjusted accordingly); (ii) all Rent shall be paid to Landlord without offset or deduction (except as may be expressly provided herein), and the covenant to pay Rent shall be independent of every other covenant in this Lease (without limiting, however, any setoff and/or abatement rights otherwise expressly set forth herein), and Tenant agrees to pay Rent due and owing hereunder by the electronic transfer of funds from the Tenant's account to the Landlord's account; (iii) if during all or any portion of any calendar year the Building is not one hundred percent (100%) rented and occupied, Landlord may elect to make an appropriate adjustment of variable Expenses (i.e., those Expenses which vary with occupancy levels at the Building) for such year to determine the Expenses that would have been paid or incurred by Landlord had the Building been one hundred percent (100%) rented and occupied for the entire year, and the amount so determined shall be deemed to have been the Expenses for such year; (iv) any sum due from Tenant to Landlord which is not paid within five (5) business days after the same is due (provided, however, that Tenant shall be entitled to two (2) grace periods in each Lease Year relative to late payment whereby making payment within ten (10) business days after the same is due shall be deemed timely paid) shall bear interest from the date due until the date paid at the annual rate of three percentage (3%) points above the rate then most recently announced by JPMorgan Chase in Chicago, Illinois as its prime or corporate base lending rate (such prime or corporate base lending rate then most recently announced, herein, the “Prime Rate”), from time to time in effect, but in no event higher than the maximum rate permitted by law (the "Default Rate"); (v) in the event of the termination of this Lease prior to the determination of any Additional Rent, Tenant's agreement to pay any such sums and Landlord's obligation to refund any such sums shall survive the termination of this Lease (provided that if Tenant is then in default, Landlord may offset the amounts reasonably necessary to cure such default or to otherwise satisfy Landlord's damages on account thereof against Landlord's obligation to refund sums to Tenant for over‑payment of Additional Rent); (vi) each amount owed to Landlord under this Lease for which the date of payment is not expressly fixed under the express terms of this Lease, and which does not otherwise constitute a regularly scheduled monthly payment of Rent hereunder, shall be due and payable by Tenant within thirty (30) days after Landlord's delivery of a written notice or statement setting forth the amount which is so due; (vii) if Landlord fails to give Tenant an estimate of Additional Rent prior to the beginning of any calendar year, Tenant shall continue to pay Additional Rent at the rate for the previous calendar year until Landlord delivers such estimate, at which time Tenant shall pay retroactively the increased amount (or deduct from subsequent payments of Additional Rent any decreased amount) with respect to all previous months of such calendar year; and (viii) if Landlord receives a refund of Expenses or Taxes attributable to any calendar year for which Tenant has previously paid Tenant's Proportionate Share of such Expenses or Taxes, and no Default exists under this Lease, then Landlord, at its option, shall either (a) pay to Tenant, Tenant's Proportionate Share of the net amount of the Expense or Tax refund so received by Landlord (i.e., after Landlord's payment of any expenses and fees associated with obtaining such Expense or Tax refund), or (b) credit to Tenant, Tenant's Proportionate Share of the foregoing net Expense or Tax refund amount against Tenant's next Additional Rent payments otherwise due and owing under this Lease (provided that Landlord must elect option (a) above if the Term of this Lease has already expired, provided that in such yearcase, any such payment shall only be required so long as Tenant has provided a forwarding address following the expiration of the Term).

Payment of Rent. The term “Additional Rent” shall mean all amounts due under Section 2.02 for Operating Expenses and Taxes, and all other amounts (aexcept Base Rent) Except to be paid by Tenant to Landlord in accordance with the terms of this Lease, including without limitation payments to Landlord for reimbursement of any costs expended upon an Event of Default by Tenant. The term “Rent” shall mean Base Rent and Additional Rent. All payments of Rent shall be made without set-off, deduction or offset except as otherwise expressly provided in this Lease, the . All payments of Rent shall be due and payable made to Landlord in advance in monthly installments on the first (1st) day of each calendar month during the Lease Termat c/o Xxxxx Xxxxxx Management, at Landlord’s address Inc., c/o The Xxxxx Companies, 000 Xxxx Xxxxxx, Xxxxx 0000, Xxxxxx Xxxxxxxxxxxxx 00000, or as provided on the signature page of this Lease or to such other person or at such other address as may be otherwise directed by Landlord may from time to time designate 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 event, Landlord may, at its option, xxxx agrees to provide to Tenant for Rent, but no delay or failure by Landlord in providing the required forms and information necessary to make such a xxxx shall relieve Tenant from payments. Without limiting 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 offsetforegoing, except as otherwise expressly provided for herein, Tenant’s obligation to pay Rent shall be absolute, unconditional, and independent and shall not be discharged or otherwise affected by any law or regulation now or hereafter applicable to the 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 Tenant assumes the risk of the foregoing 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. If Subject to the Lease Term commences on other than the first (1st) day of a calendar month, then the Base Rental for such partial month shall be prorated and paid at the rental rate applicable during the first full month of the Lease Term for which a payment of rent is due. The Base Rental for the first full month of the Lease Term for which a payment of rent is due (i.e., the sixth [6th] full month of the Lease Term) plus an estimated monthly amount of Tenant’s Share of Operating Costs 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 provisions of this Lease, however, Tenant shall have the right to injunctive relief or to seek judgments for direct money damages occasioned by Landlord’s breach of its Lease and shall be applied to the payment of Base Rental and Tenant’s Share of Operating Costs, as the case covenants (but may be, by Landlord for the appropriate periods without not set-off any further notice by Tenant. If the Lease Term commences such judgment against any rent or ends at any time other than the first day of a calendar year, the Tenant’s Share of Operating Costs shall be prorated for such year according to the number of days of the Lease Term in such yearamount owing hereunder).

Payment of Rent. On or before the date which is five (a5) Except 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 receipt of Original Landlord Consent), Tenant shall deposit with Landlord a deposit (the "Deposit"), to be used exclusively for the 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 expressly provided in this Lease, the Rent set forth herein. The Deposit shall be due and payable to Landlord in advance in monthly installments on the first (1st) day Letter of each calendar month during the Lease TermCredit Amount, 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 writinghereinafter defined. 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 The Deposit shall be in the form of a check unless otherwise agreed an unconditional and irrevocable letter of credit (the "Letter of Credit"): (i) substantially in form attached hereto as Exhibit A, (ii) naming Landlord as beneficiary, (iii) expressly allowing Landlord to draw upon it at any time from time to time 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, provided that payment (v) redeemable by check shall not be deemed made if presentation of a sight draft in the check is not duly honored with good fundsstate of California, and (vi) having an expiration date of March 31, 2004. The Rent "Letter of Credit Amount" shall be paid without notice$4,130,000.00, demandreduced by the amount of any payments which Tenant pays, abatementor has paid, deduction or offsetto Landlord on account of Rent for the period commencing as of June 1, except as otherwise expressly provided in this Lease2003 and ending on the date Tenant delivers the Letter of Credit to Landlord. If the Lease Term commences on other than the first (1st) day of a calendar month, then the Base Rental for such partial month The Deposit shall be prorated and paid at the rental rate applicable during the first full month of the Lease Term for which a payment of rent is due. The Base Rental for the first full month of the Lease Term for which a payment of rent is due (i.e., the sixth [6th] full month of the Lease Term) plus an estimated monthly amount of Tenant’s Share of Operating Costs 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 of Operating Costs, as the case may be, held by Landlord for the appropriate periods 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 further notice True-Up Payments, as defined in Section 3(F) above) for such month. The Deposit is not intended to be a security deposit. Nevertheless, Tenant hereby waives the 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 TenantTenant 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 Deposit, except as expressly set forth herein, whether or not the Deposit is for any reason sufficient to pay for such obligations. If Tenant elects to exercise the Termination Option, then as of the 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 commences or ends at any time other than the first day payable in consideration of a calendar year, the Tenant’s Share of Operating Costs shall be prorated for such year according to the number of days 's exercise of the Lease Term 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 Rent as set forth in such yearthe Lease.

Payment of Rent. The following provisions shall govern the payment of Rent: (ai) Except as otherwise expressly provided in this Lease, the Rent shall be due and payable to Landlord in advance in monthly installments on the first (1st) day of each calendar month during the Lease Term, at Landlord’s address as provided on the signature page of if this Lease commences 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 ends on 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 Lease Term commences on other than the first (1st) day or last day of a calendar month, then the Base Rental Rent for such partial the month in which this Lease so begins or ends shall be prorated and adjusted accordingly; (ii) all Rent shall be paid to Landlord without offset or deduction, and the covenant to pay Rent shall be independent of every other covenant in this Lease; (iii) if during all or any portion of any year the Building is not fully rented and occupied, Landlord may elect to make an appropriate adjustment of Expenses and/or Taxes for such year to determine the Expenses that would have been paid or incurred by Landlord had the Building been fully rented and occupied for the entire year and the amount so determined shall be deemed to have been the Expenses and/or Taxes for such year; (iv) any sum due from Tenant to Landlord which is not paid when due shall bear interest from the date due until the date paid at the rental annual rate applicable of eighteen percent (18%) or the maximum rate permitted by law, whichever is less (the "Default Rate"); and, in addition, Tenant shall pay Landlord a late charge for any Rent payment which is paid more than five days after its due date equal to five percent of such payment; (v) if changes are made to this Lease or the Building changing the number of square feet contained in the Premises or in the Building, Landlord shall make an appropriate adjustment to Tenant's Proportionate Share; (vi) Tenant shall have the right to inspect Landlord's accounting records relative to Expenses and Taxes during normal business hours at any time within thirty days following the first full month furnishing to Tenant of the Lease Term for which a payment annual statement of rent is due. The Base Rental for Rent Adjustment; and, unless Tenant shall take written exception to any item in any such statement within such thirty day period, such statement shall be considered as final and accepted by Tenant; (vii) in the first full month event of the Lease Term for which a payment of rent is due (i.e., the sixth [6th] full month of the Lease Term) plus an estimated monthly amount of Tenant’s Share of Operating Costs 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 termination of this Lease prior to the determination of any Adjustment Rent, Tenant's agreement to pay any such sums and Landlord's obligation to refund any such sums (provided Tenant is not in default hereunder) shall survive the termination of this Lease; (viii) no adjustment to the Rent by virtue of the operation of the rent adjustment provisions in this Lease shall result in the payment by Tenant in any year of less than the Base Rent set forth in Item B of the Basic Terms; (ix) Landlord may at any time change the fiscal year of the Building; (x) each amount owed to Landlord under this Lease for which the date of payment is not expressly fixed shall be applied due on the same date as the Rent listed on the statement showing such amount is due; and (xi) if Landlord fails to give Tenant an estimate of Adjustment Rent prior to the payment beginning of Base Rental and Tenant’s Share of Operating Costsany calendar year, Tenant shall continue to pay Adjustment Rent, as the case may be, by Landlord at the rate for the appropriate periods without any further notice by Tenant. If the Lease Term commences or ends at any time other than the first day of a previous calendar year, the Tenant’s Share of Operating Costs shall be prorated for year until Landlord delivers such year according to the number of days of the Lease Term in such yearestimate.

Payment of Rent. (a) Except as otherwise expressly provided in this Landlord, Tenant and Assignee agree that the Sublease creates a sub-landlord, sub-tenant relationship between Tenant and Assignee. Although Assignee’s 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 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 shall be due and payable to Landlord in advance in monthly installments on the first (1st) day of each the calendar month during following the Lease Term, at Landlord’s address as provided date on the signature page which Tenant and Assignee receive from Landlord fully executed copies of this Lease Assignment. Notwithstanding the foregoing, in the event Assignee fails to make the timely payment of Sublessee Rent under the Sublease, Landlord shall be entitled to look to Tenant to enforce the payment of Sublessee Rent or to such other person or at such other address as Landlord may from time to time designate in writingremedy the default. Landlord may, at its option, xxxx Tenant for Rent, but no delay or failure The acceptance of Sublessee Rent by Landlord in providing such a xxxx shall relieve Tenant from Sublessee or anyone else liable under 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 Sublease 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 Lease Term commences on other than the first (1st) day a waiver by Landlord of a calendar month, then the Base Rental for such partial month shall be prorated and paid at the rental rate applicable during the first full month any provisions of the Lease Term for which a payment of rent is due. The Base Rental for the first full month of the Lease Term for which a payment of rent is due (i.e., the sixth [6th] full month of the Lease Term) plus an estimated monthly amount of Tenant’s Share of Operating Costs 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 of Operating Costs, as the case may be, by Landlord for the appropriate periods without any further notice by Tenant. If the Lease Term commences or ends at any time other than the first day of a calendar year, the Tenant’s Share of Operating Costs shall be prorated for such year according to the number of days of the Lease Term in such yearLease.

Payment of Rent. (a) Except as otherwise expressly provided in this Lease, the Rent shall be due and payable to Landlord in advance in monthly installments on the first (1st) day of each calendar month during the Lease Term, at Landlord’s '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 Lease Term commences on other than the first (1st) day of a calendar month, then the Base Rental for such partial month shall be prorated and paid at the rental rate applicable during the first full month of the Lease Term for which a payment of rent is dueTerm. The Base Rental for the first full month of the Lease Term for which a payment of rent is due (i.e.and, if the sixth [6th] first full month of the Lease Term) plus 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 of Operating CostsShare, as the case may be, by Landlord for the appropriate periods without any further notice by Tenant. .. If the Lease Term commences or ends at any time other than the first day of a calendar year, the Tenant’s Share of Basic Operating Costs and Tenant’s Share of Taxes shall be prorated for such year according to the number of days of the Lease Term in such year.

Payment of Rent. (a) Except as otherwise expressly provided in As used herein, “Rent” shall include Fixed Rent, Subtenant’s Share of Additional Rent and all other additional rent, costs, charges and expenses to be paid by Subtenant to Sublandlord pursuant to this Lease, the Sublease. Rent herein reserved or payable shall be due and payable paid at Sublandlord’s election, (i) to Landlord in advance in monthly installments on the first (1st) day of each calendar month during the Lease Term, at LandlordSublandlord’s address as provided on for payment of Rent set forth in the signature page of this Lease Defined Terms, or (ii) to such other person or payee and/or at such other address place as Landlord Sublandlord may designate from time to time designate in writing, in lawful money of the United States of America, as and when the same 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. Landlord may, at its option, xxxx Tenant for Subtenant shall be required to pay Subtenant’s Share of Additional Rent, but no delay and any additional rent payable hereunder, notwithstanding any dispute regarding such obligation, unless and until such dispute is finally resolved in favor of Subtenant (or failure Sublandlord, in any dispute relating to payments made by Landlord in providing such a xxxx shall relieve Tenant from Sublandlord under the obligation to pay Master Lease). In the Base Rental on event 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 Sublease Term 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 Lease Term commences on other than the first (1st) day of a calendar month, then the Base Rental for such partial month shall be prorated and paid at the rental rate applicable during the first full month of the Lease Term for which a payment of rent is due. The Base Rental for the first full month of the Lease Term for which a payment of rent is due (i.e., the sixth [6th] full month of the Lease Term) plus an estimated monthly amount of Tenant’s Share of Operating Costs 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 of Operating Costs, as the case may be, by Landlord for the appropriate periods without any further notice by Tenant. If the Lease Term commences or ends at any time other than the first day of a calendar yearmonth or the last day of the Sublease Term is not the last day of the calendar month, the TenantFixed Rent and Subtenant’s Share of Operating Costs 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 such year according which Sublandlord shall become responsible to Master Landlord or Sublandlord under the Master Lease or this Sublease with respect to the number Sublease Premises, including, but not limited to, additional rent arising (i) by reason of days Subtenant’s request for extraordinary services or utilities (such as replacement lighting) from Master Landlord or Sublandlord, or (ii) as a result of the Lease Term in such yearSubtenant’s Event of Default hereunder.

Payment of Rent. (a) Except as otherwise expressly provided in Concurrently with the execution of this LeaseLease by both parties, the Rent Tenant shall be due and payable pay to Landlord the amount set forth in advance 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 (1st) day of each calendar month during the Lease Term, at Landlord’s address as provided on . If Section K of 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 Summary provides that the Base Rental Monthly Rent is to be increased during the Lease Term and if the date of such increase does not fall 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 Lease Term commences on other than the first (1st) day of a calendar month, then such increase shall become effective on the Base Rental for such partial month first day of the next calendar month. All rent shall be prorated and paid at the rental rate applicable during the first full month in lawful money of the Lease Term for which a payment of rent is dueUnited States, without any abatement, deduction or offset whatsoever (except as specifically provided in §11.4, §12.3 and elsewhere in the Lease), and without any prior demand therefor. The Base Rental for the first full month Rent shall be paid to Landlord at its address set forth in Section Q of the Lease Term for which a payment of rent is due (i.e.Summary, the sixth [6th] full month of the Lease Term) plus an estimated monthly amount of or at such other place as Landlord may designate from time to time. Tenant’s Share of Operating Costs described in Section 6(a) herein, is being deposited with Landlord by Tenant contemporaneously with the delivery by Tenant obligation to Landlord of an executed copy of this Lease and shall be applied to the payment of pay Base Rental Monthly Rent and Tenant’s Share of Common Operating Costs, as the case may be, by Landlord for the appropriate periods without any further notice by Tenant. If the Lease Term commences or ends at any time other than the first day of a calendar year, the Tenant’s Share of Operating Costs Expenses shall be prorated for such year according to at the number of days commencement and expiration of the Lease Term Term. 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 yearas the 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 or of these provisions. Landlord reserves the right to change Lock Box Providers, use more than one Lock Box, or cease the use of a Lock Box at any time. The demand or receipt by Landlord or the Lock Box Provider of any amount to be paid under this Lease, whether characterized as Base Monthly Rent, or otherwise, with knowledge or notice of the breach by Tenant of any other covenant, agreement, term, rule, regulation or condition of this Lease, shall not be deemed a waiver of such 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 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 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 Premises. Notwithstanding the above, nothing contained herein shall limit the rights of the Tenant under the Lease to cure any default.

Payment of Rent. Base Sublease Rent and Additional Sublease Rent (acollectively the “Rent”) Except as otherwise expressly provided in this Lease, the Rent shall be due and is payable to Landlord 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 (1st) calendar day of each calendar month during the Lease Sublease Term, at Landlord’s address as provided on except that the signature page first installment of Rent will be paid by Subtenant to Sublandlord upon execution of this Lease Agreement 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, the amount of monthly Rent payable by Subtenant shall be adjusted to take such modification into account. All Rent will be paid without notice, demand, set-off or to such other person deduction, in lawful money of the United States of America, at the address of Sublandlord for notices set forth below or at such other address place as Landlord Sublandlord 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 Lease Sublease Term commences begins on other than the first (1st) calendar day of a calendar monthmonth (i.e.the Effective Date), then Rent will be prorated on a per diem basis. If during the Base Rental 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 Sublandlord as liquidated damages for such partial month late payment, without notice or demand by Sublandlord, a sum equal to ten percent (10%) per annum on the amount of Rent then due compounding monthly from the due date until paid in full and a $100.00 USD administrative charge. Subtenant and Sublandlord agree that such 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 prorated deemed or construed to be a limitation of or in substitution of Sublandlord’s other rights and paid at remedies as provided under this Agreement, and Sublandlord shall have the rental rate applicable during the right to apply any monies received from Subtenant first full month of the Lease Term for which a payment of rent is due. The Base Rental for the first full month of the Lease Term for which a payment of rent is due (i.e., the sixth [6th] full month of the Lease Term) plus an estimated monthly amount of Tenant’s Share of Operating Costs described to any deficiency 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 liquidated damages and Tenant’s Share any excess thereof to any item of Operating CostsRent, or any other charge, as the case Sublandlord may be, by Landlord for the appropriate periods without determine. Notwithstanding any further notice by Tenant. If the Lease Term commences or ends at any time other than the first day of a calendar year, the Tenant’s Share of Operating Costs shall be prorated for such year according provision hereof to the number contrary, Subtenant’s liability for Rents accruing during the Sublease Term and Sublandlord’s obligation to refund overpayment of days Rents paid to it by Subtenant shall survive the expiration or sooner termination of the Lease Term in such yearthis Agreement.

Payment of Rent. (a) Except as otherwise expressly provided in this Lease, the Rent shall be due and payable to Landlord in advance in monthly installments on the first (1st) day of each calendar month during the Lease Term, at Landlord’s '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 bill Xxxant for Rent, but no delay or failure by Landlord in providing such a xxxx shall bill xxxll 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. Notwithstanding to the contrary set forth herein, Base Rental for the first (1st) full calendar month during the Lease Term shall be abated. If the Lease Term commences on other than the first (1st) day of a calendar month, then the Base Rental for such partial month shall be prorated and paid at the rental rate applicable during the first full month of the Lease Term for which a payment of rent is due. The Base Rental for the first full month of the Lease Term for which a payment of rent is due second (i.e., the sixth [6th] 2nd) full month of the Lease Term. Any such prorated Base Rental, plus the Base Rental due for the second (2nd) plus an estimated monthly amount full month of Tenant’s Share of Operating Costs described in Section 6(a) hereinthe Lease Term, 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 due and payable on the payment first (1st) day of Base Rental and Tenant’s Share of Operating Costs, as the case may be, by Landlord for second (2nd) calendar month during the appropriate periods without any further notice by TenantLease Term. If the Lease Term commences or ends at any time other than the first day of a calendar year, the Tenant’s 's Share of Basic Operating Costs shall be prorated for such year according to the number of days of the Lease Term in such year.