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Office Lease Agreement Page 9
Office Lease Agreement
6
Tenant’s possession prior to the Commencement Date. Nothing herein shall be construed as granting
Tenant the right to take possession of the Premises prior to the Commencement Date, whether for
construction, fixturing or any other purpose, without the prior consent of Landlord.
4. Use
. The Premises shall be used for the Permitted Use and for no other purpose. Tenant agrees not to
use or permit the use of the Premises for any purpose which is illegal, dangerous to life, limb or property or
which, in Landlord's sole judgement, creates a nuisance or which would increase the cost of insurance
coverage with respect to the Building. Tenant will conduct its business and control its agents, servants,
employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb
other tenants or Landlord in the management of the Building and the Property. Tenant will maintain the
Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and
regulations of any governmental entity with reference to the use, condition, configuration or occupancy of
the Premises. Tenant, within ten (10) days after the receipt thereof, shall provide Landlord with copies of
any notices it receives with respect to a violation or alleged violation of any such laws, ordinances, orders,
rules and regulations. Tenant, at its expense, will comply with the rules and regulations of the Building
attached hereto as Exhibit B and such other rules and regulations adopted and altered by Landlord from
time-to-time and will cause all of its agents, employees, invitees and visitors to do so. All such changes to
rules and regulations will be reasonable and shall be sent by Landlord to Tenant in writing.
5. Base
Rent.
A. Tenant covenants and agrees to pay to Landlord during the Lease Term, without any setoff or
deduction except as otherwise expressly provided herein, the full amount of all Base Rent and
Additional Rent due hereunder and the full amount of all such other sums of money as shall become
due under this Lease (including, without limitation, any charges for replacement of electric lamps and
ballasts and any other services, goods or materials furnished by Landlord at Tenant’s request), all of
which hereinafter may be collectively called “Rent.” In addition Tenant shall pay and be liable for,
as Additional Rent, all rent, sales and use taxes or other similar taxes, if any, levied or imposed by
any city, state, county or other governmental body having authority, such payments to be in addition
to all other payments required to be paid to Landlord by Tenant under the terms and conditions of this
Lease. Any such payments shall be paid concurrently with the payments of the Rent on which the tax
is based. The Base Rent and Additional Rent for each calendar year or portion thereof during the
Lease Term, shall be due and payable in advance in monthly installments of the first day of each
calendar month during the Lease Term and any extensions or renewals hereof, and Tenant hereby
agrees to pay such Base Rent and Additional Rent to Landlord without demand. If the Lease Term
commences on a day other than the first day of a month or terminates on a day other than the last day
of a month, then the installments of Base Rent and Additional Rent for such month or months shall be
prorated, based on the number of days in such month. No payment by Tenant or receipt or acceptance
by Landlord of a lesser amount than the correct installment of Rent due under this Lease shall be
deemed to be other than a payment on account of the earliest Rent due hereunder, nor shall any
endorsement or statement on any check or any letter accompanying any check or payment be deemed
an accord and satisfaction, and Landlord may accept such check or payment without prejudice to
Landlord's right to recover the balance or pursue any other available remedy. The acceptance by
Landlord of an installment of Rent on a date after the due date of such payment shall not be construed
to be a waiver of Landlord's right to declare a default for any other late payment. All amounts
received by Landlord from Tenant hereunder shall be applied first to the earliest accrued and unpaid
Rent then outstanding. Tenant’s covenant to pay Rent shall be independent of every other covenant
set forth in this Lease.
B. To the extent allowed by law, all installments of Rent not paid when due shall bear interest at the
Default Rate from the date due until paid. In addition, if Tenant fails to pay any installment of Base
Rent and Additional Rent or any other item of Rent when due and payable hereunder, a “Late
Charge” equal to five percent (5%) of such unpaid amount will be due and payable immediately by
Tenant to Landlord.
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