Common use of BASE RENT AND SECURITY DEPOSIT Clause in Contracts

BASE RENT AND SECURITY DEPOSIT. (a) Tenant agrees to pay to Landlord the following rental amounts (sometimes referred to in this Lease as the "Base Rent" or "Base Rental"): months 1 and 4 through 6, $155,568.00 per year payable in monthly installments of $12,964.00 each, Months 7-66, $205,908.00 per year payable in monthly installments of $17,159.00 each. Landlord agrees to waive months 2 and 3 of the primary Lease Term. Payment of rent is subject to proration for partial months and to adjustment for early or delayed occupancy under the terms hereof, and, if the area of the Leased Premises is, on the Commencement Date, different than the area stated in Paragraph 3 above, then Base Rent shall be adjusted to reflect the then applicable per square foot rate. On the commencement date of the Lease Agreement the first month's Base Rent shall be payable. All subsequent payments shall be made to Landlord monthly, in advance, without demand, deduction or offset, in lawful money of the United States of America at the address stated below. All installments of Base Rent shall be due and payable on or before the first (1st) day of each month during the Lease term. (b) Upon the date Tenant executes the Lease Agreement, there shall be due and payable by Tenant a Security Deposit in the amount of $17,159.00. Such deposit shall be held by Landlord (without any obligation to pay interest thereon or segregate such money from Landlord's general funds except as may be required by applicable law) as security for the performance of Tenant's obligations under this Lease. Tenant agrees to increase such Security Deposit from time to time so that it is at all times equal to one monthly Base Rental installment plus the average monthly additional rentals arising pursuant to Paragraph 6 below. Tenant shall deposit cash with Landlord in an amount sufficient so to increase the Security Deposit to such amount within five (5) days after written demand by Landlord. It is expressly understood that the Security Deposit is not an advance payment of rental or a measure of Landlord's damages in the event of Tenant's default under this Lease. Upon the occurrence of any event of default by Tenant under this Lease, Landlord may, from time to time, without prejudice to any other remedy provided herein or provided by law, use, apply, or retain all or part of the Security Deposit for the payment of (i) any Base Rent, (ii) additional rentals arising under Paragraph 6 below, and (iii) other sums due hereunder, including without limitation any amount which Landlord may spend or become obligated to spend by reason of Tenant's default or to compensate Landlord for any damage, injury, expense or liability caused to Landlord by such default or breach (all of which items (i), (ii) and (iii) are sometimes referred to in the aggregate as "Rent"). If any portion of the Security Deposit is so used or applied, Tenant shall, within five (5) days after written demand thereof, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to the amount required by this Paragraph. Tenant's failure to do so shall be an event of default under this Lease. The balance of the Security Deposit shall be returned by Landlord to Tenant at such time after termination of this Lease that all of Tenant's obligations have been fulfilled. (c) Other remedies for nonpayment of Rent notwithstanding, if the monthly Base Rental payment is not received by Landlord on or before the tenth (10th) day of the month for which such rent is due, or if any other Rent payment due Landlord by Tenant hereunder is not received by Landlord within ten (10) days of the due date, a service charge of two hundred ($200.00) dollars shall be additionally due and payable by Tenant as an administrative charge for the excess efforts necessitated by such tardiness in payment. Such service charge shall be cumulative of any other remedies Landlord may have for nonpayment of Rent and other sums payable under this Lease. (d) If three (3) consecutive monthly Base Rental payments or any ten (10) [in total, cumulative from the beginning of the Lease term] monthly Base Rental payments during the Lease term (or any renewal or extension thereof) are not received by Landlord within ten (10) days of the due date, the Base Rent hereunder shall automatically become due and payable by Tenant in advance in quarterly installments equal to three (3) months' Base Rent each. The first of such quarterly Base Rent payments shall be due and payable on the first day of the next succeeding month and on the first day of every third (3rd) month thereafter. This remedy shall be cumulative of any other remedies of Landlord under this Lease for nonpayment of Rent.

BASE RENT AND SECURITY DEPOSIT. (a) Tenant Lessee agrees to pay to Landlord Lessor as annual rental for the Leased Premises, the sum of See Attached Special Stipulation #43 DOLLARS ($__________) payable monthly in equal installments of See Attached Special Stipulation #43 DOLLARS ($________), without deduction or setoff, in advance on the first day of each month. Lessee agrees annually, throughout the term of this Lease, to increase the base rental due under this Lease, in the following manner: Beginning with the January 1, 1998, rental amounts (sometimes referred payment, Lessee's monthly base rental shall be increased by an amount equal to in this Lease as the "Base Rent" or "Base Rental"): months 1 and 4 through 6, $155,568.00 per year payable in monthly installments of $12,964.00 each, Months 7-66, $205,908.00 per year payable in monthly installments of $17,159.00 each. Landlord agrees to waive months 2 and 3 Three percent ( 3%) ) of the primary Lease Termprevious year's monthly base rental payment; on each subsequent January 1 , Lessee shall increase the monthly base rental payments over the previous year's monthly base rental payment by a like percentage. Payment The aforesaid payments of rent is subject are to proration for partial months and to adjustment for early or delayed occupancy under the terms hereof, and, if the area of the Leased Premises is, on the Commencement Date, different than the area stated in Paragraph 3 above, then Base Rent shall be adjusted to reflect the then applicable per square foot rate. On the commencement date of the Lease Agreement the first month's Base Rent shall be payable. All subsequent payments shall be made to Landlord monthlyLessor at Peterson Management Company, in advanceXxx., without demandXO Box 10228, deduction or offsetAtlanta, in lawful money of the United States of America at the address stated belowGeorgxx, 00000, xx xx xxx xxxxx xxxxx xxxxh Lessor, from time to time might designate. All installments of Base Rent A prorated monthly installment, based on a thirty (30) day month, shall be due and payable paid in advance if the lease term begins on or before any date other than the first (1st) day, or terminates on any date other than the last day of each month during the Lease termany month. (b) Upon On the date Tenant executes the of execution of this Lease Agreementby Lessee, there shall be due and payable by Tenant Lessee the first month's rental and a Security Deposit security deposit in the an amount of $17,159.00. Such deposit shall equal to one monthly rental installment to be held by Landlord (without any obligation to pay interest thereon or segregate such money from Landlord's general funds except as may be required by applicable law) as security for the performance by Lessee of TenantLessee's covenants and obligations under this Lease. Tenant agrees to increase such Security Deposit from time to time so that , it is at all times equal to one monthly Base Rental installment plus the average monthly additional rentals arising pursuant to Paragraph 6 below. Tenant shall deposit cash with Landlord in an amount sufficient so to increase the Security Deposit to such amount within five (5) days after written demand by Landlord. It is being expressly understood that the Security Deposit is deposit shall not be considered an advance payment of rental or a measure of Landlord's damages Lessor' damage in the event case of Tenant's default under this Leaseby Lessee. Upon the occurrence of any event of default by Tenant Lessee or breach by Lessee of Lessee's covenants under this Lease, Landlord Lessor may, from time to time, without prejudice to any other remedy provided herein or provided by lawremedy, use, apply, or retain all or part use the security deposit to the extent necessary to make good any arrears of the Security Deposit for the payment of (i) any Base Rent, (ii) additional rentals arising under Paragraph 6 below, and (iii) other sums due hereunder, including without limitation any amount which Landlord may spend or become obligated to spend by reason of Tenant's default or to compensate Landlord for any rent and/or damage, injury, expense or liability caused to Landlord Lessor by such the event of default or breach (all of which items (i), (ii) covenant and (iii) are sometimes referred to in the aggregate as "Rent"). If any portion of the Security Deposit is so used or applied, Tenant shall, within five (5) days after written demand thereof, deposit cash with Landlord in an amount sufficient to thereafter Lessee hereunder shall promptly restore the Security Deposit to the amount required by this Paragraph. Tenant's failure to do so shall be an event of default under this Lease. The balance of the Security Deposit shall be returned by Landlord to Tenant at such time after termination of this Lease that all of Tenant's obligations have been fulfilledresulting deficiency in said deposit. (c) Other remedies for nonpayment of Rent notwithstanding, if The base rental set forth in the monthly Base Rental payment is not received by Landlord on or before the tenth preceding subparagraph (10tha) day of the month for which such rent is due, or if any other Rent payment due Landlord by Tenant hereunder is not received by Landlord within ten (10) days of the due date, a service charge of two hundred ($200.00) dollars shall be additionally due and payable by Tenant subject to escalation as an administrative charge for the excess efforts necessitated by such tardiness provided elsewhere in payment. Such service charge shall be cumulative of any other remedies Landlord may have for nonpayment of Rent and other sums payable under this Lease. (d) If three (3) consecutive monthly Base Rental payments or any ten (10) [in total, cumulative from the beginning of the Lease term] monthly Base Rental payments during the Lease term (or any renewal or extension thereof) are not received by Landlord within ten (10) days of the due date, the Base Rent hereunder shall automatically become due and payable by Tenant in advance in quarterly installments equal to three (3) months' Base Rent each. The first of such quarterly Base Rent payments shall be due and payable on the first day of the next succeeding month and on the first day of every third (3rd) month thereafter. This remedy shall be cumulative of any other remedies of Landlord under this Lease for nonpayment of Rent.

BASE RENT AND SECURITY DEPOSIT. (a) Tenant agrees to pay to Landlord as rent the following rental sum of *See Below ---------- Dollars subject to adjustment for early or delayed occupancy under the terms hereof. Such rent shall be payable in monthly amounts of *See Below Dollars --------- each, in advance, without demand deduction or offset (sometimes referred to in this Lease as the "Base Rent" or "Base Rental"): months 1 and 4 through 6, $155,568.00 per year payable in monthly installments of $12,964.00 each, Months 7-66, $205,908.00 per year payable in monthly installments of $17,159.00 each). Landlord agrees to waive months 2 and 3 of the primary Lease Term. Payment of rent is subject to proration for partial months and to adjustment for early or delayed occupancy under the terms hereof, and, if the area of the Leased Premises is, on the Commencement Date, different than the area stated in Paragraph 3 above, then Base Rent Such rental amounts shall be adjusted to reflect the then applicable per square foot rate. On the commencement date of the Lease Agreement the first month's Base Rent shall be payable. All subsequent payments shall be made due and payable to Landlord monthly, in advance, without demand, deduction or offset, in lawful money of the United States of America at the address stated shown below. An amount equal to one monthly Base Rental payment shall be due and payable on the date Tenant executes this Lease and such amount shall be applied to the rent due for the first complete calendar month occurring after the Commencement Date, provided that if the Commencement Date should be a date other than the first day of a calendar month the rent for such partial month shall be prorated. All succeeding installments of Base Rent rent shall be due and payable on or before the first (1st) day of each succeeding calendar month during the Lease term. The amount of the Base Rent shall be adjusted as provided in Paragraph 6 below. (b) Upon On the date Tenant executes the this Lease Agreement, there shall be due and payable by Tenant a Security Deposit security deposit in the an amount of $17,159.00equal to one monthly Base Rental installment. Such deposit shall be held by Landlord (without any obligation to pay interest thereon or segregate such money monies from Landlord's general funds except as may be required by applicable lawfunds) as security for the performance of Tenant's obligations under this Lease. Tenant agrees to increase such Security Deposit security deposit from time to time so that it is at all times equal to one monthly Base Rental installment plus the average monthly additional rentals arising installment, as adjusted pursuant to Paragraph 6 6(a) below. Tenant shall deposit cash with Landlord in an amount sufficient so to increase the Security Deposit to such amount security deposit within five (5) days after written demand by Landlord. It is expressly understood that the Security Deposit Monthly Base Rent Schedule -------------------------- May 15, 2000 - February 28, 2003 @ $5,235.00 per month March 1, 2003 - December 31, 2005 @ $5,542.00 per month security deposit is not an advance payment of rental or a measure of Landlord's damages in the event of Tenant's default under this Lease. Upon the occurrence of any event of default by Tenant or breach by Tenant of its covenants under this Lease, Landlord may, from time to time, without prejudice to any other remedy provided herein or provided by law, use, apply, or retain all or part of the Security Deposit security deposit for the payment of (i) any Base Rentrent or other sum in default, (ii) additional rentals arising under Paragraph 6 below, and (iii) or for the payment of any other sums due hereunder, including without limitation any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or for payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant default or breach, or to compensate Landlord for any damage, injury, expense or liability caused to Landlord by such default or breach (all of which items (i), (ii) and (iii) are sometimes referred to in the aggregate as "Rent")breach. If any portion of the Security Deposit security deposit is so used or applied, Tenant shall, within five (5) days after written demand thereoftherefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit security deposit to the amount required by this Paragraph. Tenant's failure to do so shall be an event of a default under this Lease. The balance of the Security Deposit security deposit shall be returned by Landlord to Tenant at such time after termination of this Lease that all of Tenant's obligations have been fulfilled. (c) Other remedies for nonpayment of Rent notwithstanding, if the monthly Base Rental payment is not received by Landlord on or before the tenth (10th) day of the month for which such rent is due, or if any other Rent payment due Landlord by Tenant hereunder (such sums being deemed to be additional Rent) is not received by Landlord within ten on or before the tenth (1010th) days day of the due datemonth next following the month in which Tenant was invoiced, a service charge of two hundred five percent ($200.005%) dollars of such past due amount shall be additionally due and payable by Tenant as an administrative charge for the excess efforts necessitated by such tardiness in paymentTenant. Such service charge shall be cumulative of any other remedies Landlord may have for nonpayment of Rent and other sums payable under this Lease. (d) If three (3) consecutive monthly Base Rental payments or any ten five (105) [in total, cumulative from the beginning of the Lease term] monthly Base Rental payments during the Lease term (or any renewal or extension thereof) are not received by Landlord within ten on or before the tenth (1010th) days day of the due datemonth for which such Rent was due, the Base Rent hereunder shall automatically become due and payable by Tenant in advance in quarterly installments equal to three (3) months' Base Rent each. The first of such quarterly Base Rent payments shall be due and payable on the first day of the next succeeding calendar month and on the first day of every third (3rd) calendar month thereafter. This remedy shall be cumulative of any other remedies of Landlord under this Lease for nonpayment of Rent.

BASE RENT AND SECURITY DEPOSIT. (a) a. Tenant agrees to pay to Landlord the following rental amounts rent (sometimes referred to in this Lease as the "Base Rent" or "Base Rental"): months 1 and 4 through 6, $155,568.00 per year payable in monthly installments of $12,964.00 each, Months 7-66, $205,908.00 per year payable in monthly installments of $17,159.00 each. Landlord agrees to waive months 2 and 3 of ) for the primary Lease Term. Payment of rent is subject to proration for partial months and to adjustment for early or delayed occupancy under the terms hereof, and, if the area of the Leased Premises is, on the Commencement Date, different than the area stated in Paragraph 3 above, then Base Rent shall be adjusted to reflect the then applicable per square foot rate. On the commencement date of the Lease Agreement the first month's Base Rent shall be payable. All subsequent payments shall be made to Landlord monthly, in advance, without demand, deduction or offsetset off, in lawful money as follows: Commencement Date - 3/31/03 $0.00 per square foot per year ($00.00 per month) 4/1/03 - 12/31/03 $2.53 per square foot per year ($44,393.70 per month) 1/1/04 - 3/31/08 $3.90 per square foot per year ($68,432.98 per month) 4/1/08 - 3/31/10 $4.25 per square foot per year ($74,574.40 per month) A monthly installment of $44,393.70 shall be due and payable on the date hereof, which installment shall be applied to the Base Rent due on April 1, 2003, and the remainder of the United States of America at the address stated below. All monthly installments of Base Rent set forth above shall be due and payable on or before the first (1st) day of each calendar month succeeding the Rent Commencement Date (as defined in Exhibit D) during the Term of this Lease. The rental payment for any fractional calendar month at the commencement or end of the Term of this Lease termshall be prorated and shall be payable on the first day of such partial month. (b) Upon b. In addition, Tenant agrees to deposit with Landlord on the date Tenant executes which is nine (9) months prior to the Lease Agreementexpiration of the Term (as the same may be extended pursuant to the renewal options set forth in Section 2 of Exhibit H), there shall be due and an amount equal to one month of Base Rent (at the rate payable by Tenant a at such time) plus one month of Tenant's Proportionate Share of Operating Expenses (as of such date) (the "Security Deposit"), which Security Deposit in the amount of $17,159.00. Such deposit shall be held by Landlord (Landlord, without any obligation to pay interest thereon or segregate such money from Landlord's general funds except as may be required by applicable law) for interest, as security for the performance of Tenant's covenants and obligations under this Lease. Tenant agrees to increase such Security Deposit from time to time so that , it is at all times equal to one monthly Base Rental installment plus the average monthly additional rentals arising pursuant to Paragraph 6 below. Tenant shall deposit cash with Landlord in an amount sufficient so to increase the Security Deposit to such amount within five (5) days after written demand by Landlord. It is being expressly understood and agreed that the such Security Deposit is not an advance payment of rental deposit or a measure of Landlord's damages in the event case of Tenant's default default. In the event the Term is extended pursuant to the Renewal Options under this LeaseSection 2 of Exhibit H, the Security Deposit shall not be payable until Tenant fails to exercise a Renewal Option or the date which is nine (9) months prior to the final Renewal Term. Upon the occurrence of any event of default by Tenant under this LeaseTenant, Landlord may, from time to time, without prejudice to any other remedy provided herein or provided by law, use, apply, or retain all or part of use the Security Deposit for to the payment extent necessary to pay any arrears of (i) any Base Rent, (ii) additional rentals arising under Paragraph 6 belowrent or other payments due Landlord hereunder, and (iii) any other sums due hereunder, including without limitation any amount which Landlord may spend or become obligated to spend by reason of Tenant's default or to compensate Landlord for any damage, injury, expense or liability caused by such event of default, and Tenant shall pay to Landlord by such default or breach (all of which items (i), (ii) and (iii) are sometimes referred to on demand the amount so applied in the aggregate as "Rent"). If any portion of the Security Deposit is so used or applied, Tenant shall, within five (5) days after written demand thereof, deposit cash with Landlord in an amount sufficient order to restore the Security Deposit to its original amount. Although the amount required by this Paragraph. Tenant's failure to do so Security Deposit shall be an event deemed the property of default under this Lease. The Landlord, any remaining balance of the Security Deposit shall be returned by Landlord to Tenant at within sixty (60) days following such time after termination of this Lease that all of Tenant's obligations under this Lease have been fulfilled. (c) Other remedies for nonpayment of Rent notwithstanding, if the monthly Base Rental payment is not received by Landlord on or before the tenth (10th) day of the month for which such rent is due, or if any other Rent payment due Landlord by Tenant hereunder is not received by Landlord within ten (10) days of the due date, a service charge of two hundred ($200.00) dollars shall be additionally due and payable by Tenant as an administrative charge for the excess efforts necessitated by such tardiness in payment. Such service charge shall be cumulative of any other remedies Landlord may have for nonpayment of Rent and other sums payable under this Lease. (d) If three (3) consecutive monthly Base Rental payments or any ten (10) [in total, cumulative from the beginning of the Lease term] monthly Base Rental payments during the Lease term (or any renewal or extension thereof) are not received by Landlord within ten (10) days of the due date, the Base Rent hereunder shall automatically become due and payable by Tenant in advance in quarterly installments equal to three (3) months' Base Rent each. The first of such quarterly Base Rent payments shall be due and payable on the first day of the next succeeding month and on the first day of every third (3rd) month thereafter. This remedy shall be cumulative of any other remedies of Landlord under this Lease for nonpayment of Rent.

BASE RENT AND SECURITY DEPOSIT. (a) 2.1. Tenant agrees to pay to Landlord the following rental amounts (sometimes referred to in this Lease as the "Base Rent" or "Base Rental"): months 1 and 4 through 6, $155,568.00 per year payable in monthly installments of $12,964.00 each, Months 7-66, $205,908.00 per year payable in monthly installments of $17,159.00 each. Landlord agrees to waive months 2 and 3 of the primary Lease Term. Payment of rent is subject to proration for partial months and to adjustment for early or delayed occupancy under the terms hereof, and, if the area of the Leased Premises is, on the Commencement Date, different than the area stated in Paragraph 3 above, then Base Rent shall be adjusted to reflect for the then applicable per square foot rate. On the commencement date of the Lease Agreement the first month's Base Rent shall be payable. All subsequent payments shall be made to Landlord monthlyPremises, in advance, without demand, deduction or offsetset off except as expressly provided herein, in lawful money of for the United States of America entire Lease Term at the address stated monthly rate as set forth below. All installments , consisting of Base a combined monthly payment for both the Manufacturing Building and the Office Building: Building Months of Term Monthly Rent -------- -------------- ------------ Manufacturing 1-12 $317,958 13-18 $326,437 Office 1-12 $301,501 13-18 $308,262 Total 1-12 $619,459 13-18 $634,699 One monthly installment shall be due and payable on the date of this Lease and a monthly installment shall be due and payable on or before the first (1st) day of each calendar month following the Commencement Date during the Lease termTerm, except that the rental payment for any fractional calendar month at the commencement or end of the Lease period shall be prorated on the basis of a 30-day month. It is the purpose and intent of Landlord and Tenant that this Lease shall yield to Landlord the Base Rent specified in this Section 2.1 and that all costs, expenses and obligations of every kind and nature whatsoever relating to the Premises that may arise or become due during the Lease Term shall be paid by Tenant as provided in this Lease and, except for such obligations and charges as have otherwise expressly been assumed by Landlord in accordance with the terms and conditions of this Lease, including pursuant to Sections 5, 6 and 12 hereof. (b) Upon the date 2.2. All rent and other payments required to be made by Tenant executes the Lease Agreement, there to Landlord shall be due payable to Landlord at the address set forth in Section 22 or at such other address as Landlord may specify from time to time by written notice. Tenant's obligation to pay rent and payable any other amounts to Landlord under the terms of this Lease shall not be deemed satisfied until such rent and other amounts have been actually received as good funds by Landlord. 2.3. Tenant a Security Deposit in the amount of has deposited $17,159.00. Such deposit 619,459 with Landlord, which shall be held by Landlord (without any obligation to pay interest thereon or segregate such money from Landlordas a security deposit for Tenant's general funds except as may be required by applicable law) as security for the performance of Tenant's obligations all of the terms, covenants and conditions of this Lease (the "SECURITY DEPOSIT"). If Tenant defaults under this Lease. Tenant agrees to increase such Security Deposit from time to time so that it is at all times equal to one monthly Base Rental installment plus the average monthly additional rentals arising pursuant to Paragraph 6 below. Tenant shall deposit cash with Landlord in an amount sufficient so to increase the Security Deposit to such amount within five (5) days after written demand by Landlord. It is expressly understood that the Security Deposit is not an advance payment any provision of rental or a measure of Landlord's damages in the event of Tenant's default under this Lease. Upon the occurrence of any event of default by Tenant under this Lease, Landlord may, from time to time, without prejudice to any other remedy provided herein or provided by law, may (but shall not be required to) use, apply, apply or retain all or any part of the this Security Deposit for the payment of (i) any Base Rent, (ii) additional rentals arising under Paragraph 6 below, and (iii) other sums due hereunder, including without limitation any amount which Landlord may spend or become obligated to spend by reason of Tenant's default beyond notice and cure periods or to compensate Landlord for any damage, injury, expense loss or liability caused to damage Landlord by such default or breach (all may suffer because of which items (i), (ii) and (iii) are sometimes referred to in the aggregate as "Rent")Tenant's default. If any portion of the Security Deposit is so used or applied, Tenant shall, within five ten (510) days after written demand thereofdemand, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount. Landlord shall not be required to keep the amount required by this ParagraphSecurity Deposit separate from its general funds, and Tenant shall not be entitled to interest on the Security Deposit. Tenant's failure to do so shall be an event If Tenant performs each of default its obligations under this Lease. The balance of , the Security Deposit Deposit, or any balance thereof, shall be returned by Landlord to Tenant at such time after termination of this Lease that all of Tenant's obligations have been fulfilled. (c) Other remedies for nonpayment of Rent notwithstanding, if the monthly Base Rental payment is not received by Landlord on or before the tenth (10th) day of the month for which such rent is due, or if any other Rent payment due Landlord by Tenant hereunder is not received by Landlord within ten (10) days after the later of the due date, a service charge of two hundred ($200.00) dollars shall be additionally due and payable by Tenant as an administrative charge for the excess efforts necessitated by such tardiness in payment. Such service charge shall be cumulative of any other remedies Landlord may have for nonpayment of Rent and other sums payable under this Lease. (d) If three (3) consecutive monthly Base Rental payments or any ten (10) [in total, cumulative from the beginning expiration of the Lease term] monthly Base Rental payments during term or the Lease term (or any renewal or extension thereof) are not received by Landlord within ten (10) days of date Tenant vacates the due date, the Base Rent hereunder shall automatically become due and payable by Tenant in advance in quarterly installments equal to three (3) months' Base Rent each. The first of such quarterly Base Rent payments shall be due and payable on the first day of the next succeeding month and on the first day of every third (3rd) month thereafter. This remedy shall be cumulative of any other remedies of Landlord under this Lease for nonpayment of RentPremises.

BASE RENT AND SECURITY DEPOSIT. (a) Tenant agrees to pay to Landlord the following rental amounts (sometimes referred to in this Lease as the "Base Rent" or "Base Rental"): months MONTHS 1 and 4 through 6THROUGH 22, $155,568.00 per year payable in monthly installments of 230,976.00 PER YEAR PAYABLE IN MONTHLY INSTALLMENTS OF $12,964.00 each, Months 7-6619,248.00 EACH; AND MONTHS 23 THROUGH 46, $205,908.00 per year payable in monthly installments of 247,476.00 PER YEAR PAYABLE IN MONTHLY INSTALLMENTS OF $17,159.00 each. Landlord agrees to waive months 2 and 3 of the primary Lease Term20,263.00 EACH; MONTHS 47 - 70, $263,976.00 PER YEAR PAYABLE IN MONTHLY INSTALLMENTS OF $21,998.00. Payment of rent is subject to proration for partial months and to adjustment for early or delayed occupancy under the terms hereof, and, if the area of the Leased Premises is, on the Commencement Date, different than the area stated in Paragraph 3 above, then Base Rent shall be adjusted to reflect the then applicable $7.00 per gross square foot ratefoot. On the commencement date of the Lease Agreement the first month's Base Rent shall be payable. All subsequent payments shall be made payable to Landlord monthly, in advance, without demand, deduction or offset, in lawful money of the United States of America at the address stated below. All The first month's Base Rent payment of $19,248.00 shall be due upon the date Tenant executes the Lease Agreement, and all other installments of Base Rent shall be due and payable on or before the first (1st) day of each month during the Lease term. (b) Upon the date Tenant executes the Lease Agreement, there shall be due and payable by Tenant a Security Deposit in the amount of $17,159.0019,248.00. Such deposit shall be held by Landlord (without any obligation to pay interest thereon or segregate such money from Landlord's general funds except as may be required by applicable law) as security for the performance of Tenant's obligations under this Lease. Tenant agrees to increase such Security Deposit from time to time so that it is at all times equal to one monthly Base Rental installment plus the average monthly additional rentals arising pursuant to Paragraph 6 below. Tenant shall deposit cash with Landlord in an amount sufficient so to increase the Security Deposit to such amount within five (5) days after written demand by Landlord. It is expressly understood that the Security Deposit is not an advance payment of rental or a measure of Landlord's damages in the event of Tenant's default under this Lease. Upon the occurrence of any event of default by Tenant under this Lease, Landlord may, from time to time, without prejudice to any other remedy provided herein or provided by law, use, apply, or retain all or part of the Security Deposit for the payment of (i) any Base Rent, (ii) additional rentals arising under Paragraph 6 below, and (iii) other sums due hereunder, including without limitation any amount which Landlord may spend or become obligated to spend by reason of Tenant's default or to compensate Landlord for any damage, injury, expense or liability caused to Landlord by such default or breach (all of which items (i), (ii) and (iii) are sometimes referred to in COMMERCIAL LEASE AGREEMENT - PAGE 6 -------------------------- LEASE 3 the aggregate as "Rent"). If any portion of the Security Deposit is so used or applied, Tenant shall, within five (5) days after written demand thereof, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to the amount required by this Paragraph. Tenant's failure to do so shall be an event of default under this Lease. The balance of the Security Deposit shall be returned by Landlord to Tenant at such time after termination of this Lease that all of Tenant's obligations have been fulfilled. (c) Other remedies for nonpayment of Rent notwithstanding, if the monthly Base Rental payment is not received by Landlord on or before the tenth (10th) day of the month for which such rent is due, or if any other Rent payment due Landlord by Tenant hereunder is not received by Landlord within ten (10) days of the due datedate three (3) times during any one (1) year period, a service charge of two hundred ($200.00) dollars shall be additionally due and payable by Tenant as an administrative charge for the excess efforts necessitated by such tardiness in payment. Such service charge shall be cumulative of any other remedies Landlord may have for nonpayment of Rent and other sums payable under this Lease. (d) If three (3) consecutive monthly Base Rental payments or any ten (10) [in total, cumulative from the beginning of the Lease term] monthly Base Rental payments during the Lease term (or any renewal or extension thereof) are not received by Landlord within ten (10) days of the due date, the Base Rent hereunder shall automatically become due and payable by Tenant in advance in quarterly installments equal to three (3) months' Base Rent each. The first of such quarterly Base Rent payments shall be due and payable on the first day of the next succeeding month and on the first day of every third (3rd) month thereafter. This remedy shall be cumulative of any other remedies of Landlord under this Lease for nonpayment of Rent.

BASE RENT AND SECURITY DEPOSIT. (a) Tenant agrees to pay to Landlord as rent the following rental sum of Three Hundred ------------- Seventy Two Thousand One Hundred Eighty and 00/100 Dollars ($372,180,00) subject -------------------------------------------------- ---------- to adjustment for early or delayed occupancy under the terms hereof. Such rent shall be payable in monthly amounts of *See Below Dollars ($See Below) each, in --------- --------- advance, without demand deduction or offset (sometimes referred to in this Lease as the "Base Rent" or "Base Rental"): months 1 and 4 through 6, $155,568.00 per year payable in monthly installments of $12,964.00 each, Months 7-66, $205,908.00 per year payable in monthly installments of $17,159.00 each). Landlord agrees to waive months 2 and 3 of the primary Lease Term. Payment of rent is subject to proration for partial months and to adjustment for early or delayed occupancy under the terms hereof, and, if the area of the Leased Premises is, on the Commencement Date, different than the area stated in Paragraph 3 above, then Base Rent Such rental amounts shall be adjusted to reflect the then applicable per square foot rate. On the commencement date of the Lease Agreement the first month's Base Rent shall be payable. All subsequent payments shall be made due and payable to Landlord monthly, in advance, without demand, deduction or offset, in lawful money of the United States of America at the address stated shown below. An amount equal to one monthly Base Rental payment shall be due and payable on the date Tenant executes this Lease and such amount shall be applied to the rent due for the first complete calendar month occurring after the Commencement Date, provided that if the Commencement Date should be a date other than the first day of a calendar month the rent for such partial month shall be prorated. All succeeding installments of Base Rent rent shall be due and payable on or before the first (1st) day of each succeeding calendar month during the Lease term. The amount of the Base Rent shall be adjusted as provided in Paragraph 6 below. (b) Upon On the date Tenant executes the this Lease Agreement, there shall be due and payable by Tenant a Security Deposit security deposit in the an amount of $17,159.00equal to one monthly Base Rental installment. Such deposit shall be held by Landlord (without any * Monthly Base Rent Schedule -------------------------- July 1, 1998 - June 30, 2001 @ $6,093.00 per month July 1, 2001 - June 30, 2003 @ $6,368.00 per month obligation to pay interest thereon or segregate such money monies from Landlord's general funds except as may be required by applicable lawfunds) as security for the performance of Tenant's obligations under this Lease. Tenant agrees to increase such Security Deposit security deposit from time to time so that it is at all times equal to one monthly Base Rental installment plus the average monthly additional rentals arising installment, as adjusted pursuant to Paragraph 6 6(a) below. Tenant shall deposit cash with Landlord in an amount sufficient so to increase the Security Deposit to such amount security deposit within five (5) days after written demand by Landlord. It is expressly understood that the Security Deposit security deposit is not an advance payment of rental or a measure of Landlord's damages in the event of Tenant's default under this Lease. Upon the occurrence of any event of default by Tenant or breach by Tenant of its covenants under this Lease, Landlord may, from time to time, without prejudice to any other remedy provided herein or provided by law, use, apply, or retain all or part of the Security Deposit security deposit for the payment of (i) any Base Rentrent or other sum in default, (ii) additional rentals arising under Paragraph 6 below, and (iii) or for the payment of any other sums due hereunder, including without limitation any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or for payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant default or breach, or to compensate Landlord for any damage, injury, expense or liability caused to Landlord by such default or breach (all of which items (i), (ii) and (iii) are sometimes referred to in the aggregate as "Rent")breach. If any portion of the Security Deposit security deposit is so used or applied, Tenant shall, within five (5) days after written demand thereoftherefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit security deposit to the amount required by this Paragraph. Tenant's failure to do so shall be an event of a default under this Lease. The balance of the Security Deposit security deposit shall be returned by Landlord to Tenant at such time after termination of this Lease that all of Tenant's obligations have been fulfilled. (c) Other remedies for nonpayment of Rent notwithstanding, if the monthly Base Rental payment is not received by Landlord on or before the tenth (10th) day of the month for which such rent is due, or if any other Rent payment due Landlord by Tenant hereunder (such sums being deemed to be additional Rent) is not received by Landlord within ten on or before the tenth (1010th) days day of the due datemonth next following the month in which Tenant was invoiced, a service charge of two hundred five percent ($200.005%) dollars of such past due amount shall be additionally due and payable by Tenant as an administrative charge for the excess efforts necessitated by such tardiness in paymentTenant. Such service charge shall be cumulative of any other remedies Landlord may have for nonpayment of Rent and other sums payable under this Lease. (d) If three (3) consecutive monthly Base Rental payments or any ten five (105) [in total, cumulative from the beginning of the Lease term] monthly Base Rental payments during the Lease term (or any renewal or extension thereof) are not received by Landlord within ten on or before the tenth (1010th) days day of the due datemonth for which such Rent was due, the Base Rent hereunder shall automatically become due and payable by Tenant in advance in quarterly installments equal to three (3) months' Base Rent each. The first of such quarterly Base Rent payments shall be due and payable on the first day of the next succeeding calendar month and on the first day of every third (3rd) calendar month thereafter. This remedy shall be cumulative of any other remedies of Landlord under this Lease for nonpayment of Rent.

BASE RENT AND SECURITY DEPOSIT. (a) Tenant agrees to pay to Landlord the following rental amounts (sometimes referred to in this Lease as the "Base Rent" or "Base Rental"): months MONTHS 1 and 4 through 6THROUGH 24, $155,568.00 per year payable in monthly installments of 455,952.00 PER YEAR PAYABLE IN MONTHLY INSTALLMENTS OF $12,964.00 each, Months 7-6637,996.00 EACH; AND MONTHS 25 THROUGH 48, $205,908.00 per year payable in monthly installments of 488,520.00 PER YEAR PAYABLE IN MONTHLY INSTALLMENTS OF $17,159.00 each. Landlord agrees to waive months 2 and 3 of the primary Lease Term40,710.00 EACH; MONTHS 49 - 72, $521,088.00 PER YEAR PAYABLE IN MONTHLY INSTALLMENTS OF $43,424.00. Payment of rent is subject to proration for partial months and to adjustment for early or delayed occupancy under the terms hereof, and, if the area of the Leased Premises is, on the Commencement Date, different than the area stated in Paragraph 3 above, then Base Rent shall be adjusted to reflect the then applicable $7.00 per gross square foot ratefoot. On the commencement date of the Lease Agreement the first month's Base Rent shall be payable. All subsequent payments shall be made payable to Landlord monthly, in advance, without demand, deduction or offset, in lawful money of the United States of America at the address stated below. All The first month's Base Rent payment of $37,996.00 shall be due upon the date Tenant executes the Lease Agreement, and all other installments of Base Rent shall be due and payable on or before the first (1st) day of each month during the Lease term. (b) Upon the date Tenant executes the Lease Agreement, there shall be due and payable by Tenant a Security Deposit in the amount of $17,159.0037,996.00. Such deposit shall be held by Landlord (without any obligation to pay interest thereon or segregate such money from Landlord's general funds except as may be required by applicable law) as security for the performance of Tenant's obligations under this Lease. Tenant agrees to increase such Security Deposit from time to time so that it is at all times equal to one monthly Base Rental installment plus the average monthly additional rentals arising pursuant to Paragraph 6 below. Tenant shall deposit cash with Landlord in an amount sufficient so to increase the Security Deposit to such amount within five (5) days after written demand by Landlord. It is expressly understood that the Security Deposit is not an advance payment of rental or a measure of Landlord's damages in the event of Tenant's default under this Lease. Upon the occurrence of any event of default by Tenant under this Lease, Landlord may, from time to time, without prejudice to any other remedy provided herein or provided by law, use, apply, or retain all or part of the Security Deposit for the payment of (i) any Base Rent, (ii) additional rentals arising under Paragraph 6 below, and (iii) other sums due hereunder, including without limitation any amount which Landlord may spend or become obligated to spend by reason of Tenant's default or to compensate Landlord for any damage, injury, expense or liability caused to Landlord by such default or breach (all of which items (i), (ii) and (iii) are sometimes referred to in COMMERCIAL LEASE AGREEMENT - PAGE 6 -------------------------- LEASE 2 the aggregate as "Rent"). If any portion of the Security Deposit is so used or applied, Tenant shall, within five (5) days after written demand thereof, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to the amount required by this Paragraph. Tenant's failure to do so shall be an event of default under this Lease. The balance of the Security Deposit shall be returned by Landlord to Tenant at such time after termination of this Lease that all of Tenant's obligations have been fulfilled. (c) Other remedies for nonpayment of Rent notwithstanding, if the monthly Base Rental payment is not received by Landlord on or before the tenth (10th) day of the month for which such rent is due, or if any other Rent payment due Landlord by Tenant hereunder is not received by Landlord within ten (10) days of the due datedate three (3) times during any one (1) year period, a service charge of two hundred ($200.00) dollars shall be additionally due and payable by Tenant as an administrative charge for the excess efforts necessitated by such tardiness in payment. Such service charge shall be cumulative of any other remedies Landlord may have for nonpayment of Rent and other sums payable under this Lease. (d) If three (3) consecutive monthly Base Rental payments or any ten (10) [in total, cumulative from the beginning of the Lease term] monthly Base Rental payments during the Lease term (or any renewal or extension thereof) are not received by Landlord within ten (10) days of the due date, the Base Rent hereunder shall automatically become due and payable by Tenant in advance in quarterly installments equal to three (3) months' Base Rent each. The first of such quarterly Base Rent payments shall be due and payable on the first day of the next succeeding month and on the first day of every third (3rd) month thereafter. This remedy shall be cumulative of any other remedies of Landlord under this Lease for nonpayment of Rent.