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number of driveways, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic,
<br />landscaped areas and walkways, so long as reasonable access to the Premises remains available; (b) to close temporarily any of .
<br />the Common Areas for maintenance and/or repair purposes or to prevent the acquisition of rights in the Common Areas by other
<br />persons or entities, so long as reasonable access to the Premises remains available; (c) to designate other land outside the
<br />boundaries of the Project to be a part of the Common Areas; (d) to add additional buildings and improvements to the Common Areas;
<br />(e) to use the Common Areas while engaged in making additional improvements, repairs or alterations to the Project, or any portion
<br />thereof; and (f) to do and perform such other acts and make such other changes in, to or with respect to the Common Areas and/or
<br />Project as Landlord may, in the exercise of commercially reasonable business judgment, deem to be appropriate.
<br />3. Term. This Lease shall be effective and binding upon the parties from and after the date hereof. The Commencement Date
<br />and Term of this Lease shall be as specified in Paragraph 1 .3 above; provided, however, that if for any reason Landlord does not
<br />deliver possession of the Premises to Tenant by the date set forth in Paragraph 1 .3, Landlord shall not be subject to any damages
<br />or liability therefor, nor shall such failure affect the validity of this Lease, or the obligations of Tenant hereunder, or extend the Term
<br />hereof, but in such case, the "Commencement Date" shall not be deemed to occur until such delivery of possession of the Premises
<br />by Landlord to Tenant. If the Commencement Date of this Lease does not occur by the date which is sixty (60) days following the
<br />date hereof, this Lease shall automatically terminate without any further action by either of the parties hereto and neither party shall
<br />have any obligation or liability hereunder.
<br />4. Rent.
<br />4.1 Base Rent. Tenant shall cause payment of Base Rent, Tenant's Share of Operating Expenses Increase and other
<br />rent or charges, as the same may be adjusted from time to time, to be received by Landlord pursuant to this Lease, in lawful money
<br />of the United States, without offset or deduction, on or before the day on which it is due under the terms of this Lease. Base Rent,
<br />Tenant's Share of Operating Expenses Increases and all other rent and charges for any period during the Term hereof which is for
<br />less than one (1) full calendar month shall be prorated based upon the actual number of days of the calendar month involved.
<br />Payment of Base Rent, Tenant's Share of Operating Expenses Increase and other rent and charges shall be made to Landlord at its
<br />address stated herein or to such other persons or at such other addresses as Landlord may from time to time designate in writing
<br />to Tenant.
<br />4.2 Operating Expenses.
<br />(a) For purposes of this Lease, "Operating Expenses" shall mean the sum of "Common Area Expenses" (as
<br />hereinafter defined), costs incurred by Landlord in performance of obligations with respect to the buildings and improvements within
<br />the Project as are provided with respect to the Building in Paragraph 7.2 below, costs incurred by Landlord in maintaining insurance
<br />with respect to the Project as is set forth with respect to the Building in Paragraph 8.3 below, the amount of any insurance
<br />deductible with respect to the Project in the event of casualty as is set forth with respect to the Building in Paragraph 8.3 below,
<br />and costs incurred by Landlord in payment of Real Property Taxes with respect to the Project pursuant to Paragraph 10.1 below.
<br />For purposes of this Lease, "Common Area Expenses" shall mean all costs incurred by Landlord for the operation, management,
<br />repair, maintenance and replacement, in neat, clean, good order and condition, of the Common Areas, including, without limitation,
<br />any parking areas, roof and roof membrane, common loading and unloading areas, trash areas, roadways, sidewalks, walkways,
<br />parkways, driveways, landscaped areas, striping, bumpers, irrigation systems, lighting facilities, fences and gates, cost associated
<br />with environmental risk assessment, costs of causing the Common Areas to comply with Applicable Laws, and costs incurred by
<br />Landlord in maintaining a policy of liability insurance pursuant to Paragraph 8.2 below.
<br />(b) Tenant shall pay to Landlord, as additional rent, Tenant's Share of the amount, if any, by which Operating
<br />Expenses in any full or partial year during the Term exceed the amount of Operating Expenses for the Base Year or a prorated amount
<br />of such Base Year Operating Expenses for any partial year during the Term (such excess amount is referred to herein as the
<br />"Operating Expenses Increase"), within ten (10) days after a reasonably detailed statement of Tenant's receipt of a statement
<br />therefor from Landlord; provided, however, that at Landlord's option, an amount may be estimated by Landlord from time to time
<br />of Tenant's Share of annual Operating Expenses Increase and the same shall be payable monthly or quarterly, as Landlord shall
<br />designate, in advance, during each year of the Lease Term, on the same day as the Base Rent is due hereunder. In the event of
<br />payment of Tenant's Share of Operating Expenses Increase on an estimated basis, Landlord shall have the right to adjust its estimate
<br />of such Operating Expenses Increase from time to time during the Lease Term upon written notice to Tenant, based upon reasonably
<br />anticipated changes in the amount of Operating Expenses. For any year during which Tenant's Share of Operating Expenses Increase
<br />is so paid on an estimated basis, within ninety (90) days following the end of such year or as soon thereafter as information becomes
<br />available to Landlord, Landlord shall deliver to Tenant a statement of actual Operating Expenses for such year, and if Tenant has
<br />overpaid Tenant's Share of Operating Expnnses Increase, Tenant shall be entitled to a credit against Tenant's Share of Operating
<br />Expenses Increase next coming due under this Lease in the amount of such overpayment (except that any such overpayment
<br />allocable to the final year of the Lease Term shall be refunded to Tenant following the satisfaction of all Tenant obligations under
<br />this Lease), and if Tenant has underpaid Tenant's Share of Operating Expenses Increase, Tenant shall pay any such deficiency to
<br />Landlord within thirty (30) days following receipt of such statement. Tenant shall not be entitled to any credit or payment in the
<br />event Operating Expenses for any year during the Term are less than Operating Expenses for the Base Year. Landlord's obligation
<br />to make such refund and Tenant's obligation to pay such deficiency, as applicable, shall survive the expiration of the Term or earlier
<br />termination of this Lease. Notwithstanding anything to the contrary set forth in this Lease, solely for the purposes of calculating
<br />the amount of the Operating Expenses attributable to the Base Year, Operating Expenses shall exclude market -wide labor -rate
<br />increases due to extraordinary circumstances, including, but not limited to, boycotts and strikes; and any costs of any capital
<br />improvement or expenditure. However, the foregoing shall not be construed to exclude such costs and expenses from the definition
<br />of Operating Expenses for all other purposes of this Lease.
<br />4.3 Utilities and Management Fees. Tenant shall contract for, in Tenant's name, and shall pay for all water, gas, heat,
<br />light, power, telephone, trash disposal and other utilities and services supplied to the Premises, together with any taxes thereon.
<br />For any such services which are not separately metered to the Premises, and for the cost of water, gas and electricity to service
<br />the Common Areas, and for the cost of Project management fees, which management fees shall equal ten percent (10%) of the sum
<br />of Operating Expenses and other Net Expenses for each year (collectively, "Net Expenses"), Tenant shall pay Tenant's Share of Net
<br />Expenses during the Term of this Lease as follows: Tenant shall pay to Landlord, as additional rent, Tenant's Share of Net Expenses,
<br />within ten (10) days after a reasonably detailed statement of Tenant's receipt of a statement therefor from Landlord; provided,
<br />however, that at Landlord's option, an amount may be estimated by Landlord from time to time of Tenant's Share of annual Net
<br />Expenses and the same shall be payable monthly or quarterly, as Landlord shall designate, in advance, during each year of the Lease
<br />Term, on the same day as the Base Rent is due hereunder. In the event of payment of Tenant's Share of Net Expenses on an
<br />estimated basis, Landlord shall have the right to adjust its estimate of such expenses from time to time during the Lease Term upon
<br />written notice to Tenant, based upon reasonably anticipated changes in the amount of such expenses. For any year during which
<br />Tenant's Share of Net Expenses are so paid on an estimated basis, within ninety (90) days following the end of such year or as soon
<br />thereafter as information becomes available to Landlord, Landlord shall deliver to Tenant a statement of actual Net Expenses for such
<br />year, and if Tenant has overpaid Tenant's Share of Net Expenses, Tenant shall be entitled to a credit against Tenant's Share of Net
<br />Expenses next coming due under this Lease in the amount of such excess (except that any such overpayment allocable to the final
<br />year of the Lease Term shall be refunded to Tenant following the satisfaction of all Tenant obligations under this Lease), and if
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