Common use of FIXED RENT AND ADDITIONAL RENT Clause in Contracts

FIXED RENT AND ADDITIONAL RENT. Section 2.1. Tenant shall pay to Landlord as Fixed Rent for the Premises during the Term the amounts stated in Article A, Section 3. Fixed Rent shall be payable in equal monthly installments in advance on the first day of each and every month during the Term, without previous demand therefor and without offset or deduction of any kind whatsoever. Notwithstanding the foregoing, Tenant shall pay the partial month's installment of Fixed Rent (with respect to the remaining days of the month in which this Lease is executed) upon the execution of this Lease. Section 2.2. Tenant shall also pay and discharge, as additional rent, all other amounts, liabilities and obligations of whatsoever nature relating to the Premises, including, without limitation, all Impositions (as defined in Section 3.1 below), all Project Expenses (as defined in Section 5.9 below) those arising under any common area maintenance agreements however denominated, easements, declarations, restrictions, or other similar agreements affecting the Premises or any adjoining property thereto, and all interest and penalties that may accrue thereon in the event of Tenant's failure to pay such amounts when due, and all damages, costs and expenses which Landlord may incur by reason of any default of Tenant or failure on Tenant's part to comply with the terms of this Lease, all of which Tenant hereby agrees to pay upon demand or as is otherwise provided herein (all of the foregoing together with any other amounts and charges payable by Tenant under this Lease in addition to Fixed Rent are herein collectively called "ADDITIONAL RENT"). Upon any failure by Tenant to pay any of the Additional Rent, Landlord shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Fixed Rent. The term Additional Rent shall be deemed rent for all purposes hereunder other than with respect to Tenant's internal accounting procedures. Section 2.3. All Fixed Rent and Additional Rent payable hereunder (collectively, "RENT") shall be payable when due by wire transfer of immediately available funds to an account designated from time to time by Landlord. At Landlord's option upon Landlord's request, Rent shall be made in United States currency which shall be legal tender for all debts, public and private, payable to Landlord and sent to Landlord's address set forth in Article A, or to such other person or persons or at such other place as may be designated by notice from Landlord to Tenant, from time to time. Notwithstanding the foregoing, Impositions shall be payable to the parties to whom they are due, except as otherwise provided herein.

FIXED RENT AND ADDITIONAL RENT. Section 2.1. (a) Tenant shall pay Fixed Rent to Landlord as at the business address of Landlord; provided that Fixed Rent shall be paid to Mortgagee for so long as the Premises during Loan is outstanding, pursuant to the Term Mortgagee’s instructions, as the case may be, specified herein, or at such other address as Landlord or Mortgagee, as the case may be, shall from time to time designate by written notice to Tenant. The Fixed Rent shall be due and payable on a monthly basis (or the applicable portion thereof) in the amounts stated in Article A, Section 3set forth on Schedule 2 hereto. Schedule 2 is incorporated herein by this reference. Fixed Rent shall be due and payable in equal monthly installments in advance arrears on the first day of each and every month during (or if such first day is not a Business Day, the Termimmediately preceding Business Day of each month, without previous demand therefor and without offset or deduction each such date being referred to herein as a “Due Date”). In the event of a transfer of any kind whatsoever. Notwithstanding Property expressly permitted under the foregoingLoan, the Fixed Rent shall be reduced by the amount of the Fixed Rent allocated to the applicable Property. (b) [Reserved]. (c) If any installment of Fixed Rent is not paid on the respective Due Date, Tenant shall pay Landlord interest on such overdue payment at the partial month's installment Lease Default Rate, accruing from the Due Date of such payment until the same is paid. All Fixed Rent and Additional Rent shall be payable in U.S. Dollars. (with respect d) All Taxes, costs, expenses, ground lease rents and other amounts which Tenant is required to the remaining days of the month in which pay pursuant to this Lease is executed) upon the execution of this Lease. Section 2.2. Tenant shall also pay (other than Fixed Rent and discharge, as additional rent, all other amounts, liabilities and obligations of whatsoever nature relating to the Premises, including, without limitation, all Impositions (as defined in Section 3.1 belowAdditional Payments), all Project Expenses (as defined in Section 5.9 below) those arising under any common area maintenance agreements however denominatedtogether with every fine, easementspenalty, declarations, restrictions, or other similar agreements affecting the Premises or any adjoining property thereto, and all interest and penalties that cost which may accrue thereon in the event of Tenant's failure to pay such amounts when duebe added for non-payment or late payment thereof, and all damages, costs and expenses which Landlord may incur by reason of any default of Tenant or failure on Tenant's part to comply with the terms of this Lease, all of which Tenant hereby agrees to pay upon demand or as is otherwise provided herein shall constitute additional rent (all of the foregoing together with any other amounts and charges payable by Tenant under this Lease in addition to Fixed Rent are herein collectively called "ADDITIONAL RENT"“Additional Rent’”). Upon any failure All Additional Rent shall be paid directly by Tenant to the party to whom such Additional Rent is due or to Mortgagee if requested by Landlord. If Tenant shall fail to pay any of such Additional Rent or any other sum due hereunder when the Additional Rentsame shall become due, Landlord shall after written notice to Tenant have all legal, equitable and contractual rights, powers and remedies with respect thereto as are provided either in this Lease herein or by statute or otherwise Law in the case of non-payment of the Fixed Rent. The term Additional Rent shall be deemed rent for all purposes hereunder other than with respect to Tenant's internal accounting procedures. Section 2.3. All any Fixed Rent and shall have the right to pay the same on behalf of Tenant, and Tenant shall repay such amounts to Landlord on demand. Tenant shall pay to Landlord interest at the Lease Default Rate on all overdue Additional Rent payable hereunder (collectivelyand other sums due hereunder, "RENT") shall be payable when due in each case paid by wire transfer Landlord or Mortgagee on behalf of immediately available funds to an account designated from time to time by Landlord. At Landlord's option upon Landlord's request, Rent shall be made in United States currency which shall be legal tender for all debts, public and private, payable to Landlord and sent to Landlord's address set forth in Article A, or to such other person or persons or at such other place as may be designated by notice from Landlord to Tenant, from time to time. Notwithstanding the foregoing, Impositions shall be payable to the parties to whom they are due, except as otherwise provided hereindate of payment by Landlord or Mortgagee until repaid by Tenant.

FIXED RENT AND ADDITIONAL RENT. Section 2.1. Tenant shall pay to Landlord as Fixed Rent for the Premises during the Term the amounts stated in Article ARTICLE A, Section SECTION 3. Fixed Rent shall be payable in equal monthly installments in advance on the first day of each and every month during the Term, without previous demand therefor and without offset or deduction of any kind whatsoever. Notwithstanding the foregoing, Tenant shall pay the partial month's installment of Fixed Rent (with respect to the remaining days of the month in which this Lease is executed) upon the execution of this Lease. Section 2.2. Tenant shall also pay and discharge, as additional rent, all other amounts, liabilities and obligations of whatsoever nature relating to the Premises, including, without limitation, all Impositions (as defined in Section SECTION 3.1 below), all Project Expenses (as defined in Section 5.9 SECTION 5.7 below) those arising under any common area maintenance agreements however denominated, easements, declarations, restrictions, or other similar agreements affecting the Premises or any adjoining property thereto, and all interest and penalties that may accrue thereon in the event of Tenant's failure to pay such amounts when due, and all damages, costs and expenses which Landlord may incur by reason of any default of Tenant or failure on Tenant's part to comply with the terms of this Lease, all of which Tenant hereby agrees to pay upon demand or as is otherwise provided herein (all of the foregoing together with any other amounts and charges payable by Tenant under this Lease in addition to Fixed Rent are herein collectively called "ADDITIONAL RENT"). Upon Notwithstanding the foregoing or anything else to the contrary contained in this Lease, (i) Tenant shall have no obligation to pay for the cost of any failure utility services used by Landlord at the Landlord's Storage Area (the "STORAGE AREA UTILITIES") that are separately metered and billed directly to Landlord, and (ii) with respect to Storage Area Utilities that are not separately metered and are billed to Tenant together with such utility service used by Tenant to pay any of at the Additional RentTenant's Warehouse Space, Landlord shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment reimburse Tenant for Landlord's Proportionate Share (as hereinafter defined) of the Fixed Rent. The term Additional Rent shall be deemed rent for all purposes hereunder other than with respect cost of each such utility service billed to Tenant's internal accounting procedures. Section 2.3. All Fixed Rent and Additional Rent payable hereunder (collectively, "RENT") shall be payable when due by wire transfer of immediately available funds to an account designated from time to time by Landlord. At Landlord's option upon Landlord's request, Rent which reimbursement shall be made in United States currency which shall be legal tender for all debts, public and private, payable to Landlord and sent to within fifteen (15) days after Landlord's address set forth in Article Areceipt of a xxxx therefor (which xxxx shall identify the total cost billed to Tenant for the applicable reimbursement period). As used herein, or to such other person or persons or at such other place as may be designated by notice from Landlord to Tenant, from time to time. Notwithstanding the foregoing, Impositions term "LANDLORD'S PROPORTIONATE SHARE" shall be payable to the parties to whom they are due, except as otherwise provided herein.mean 37.24

FIXED RENT AND ADDITIONAL RENT. Section 2.1. Tenant shall pay to Landlord as Fixed Rent for the Premises Property during the (a) Primary Term the amounts stated in Article A, Section 3, and (b) each Extension Term the amounts determined in accordance with Section 1.3(b). Fixed Rent shall be payable in equal monthly installments in advance on the first day of each and every month during the Term, without previous demand therefor and without offset or deduction of any kind whatsoever. Notwithstanding the foregoing, Tenant shall pay the partial month's installment of Fixed Rent (with respect to the remaining days of the month in which this Lease is executedCommencement Date occurs) upon on the execution of this LeaseCommencement Date. Section 2.2. During the Term, Tenant shall also pay and discharge, discharge as additional rent, rent (the "Additional Rent") all other amounts, liabilities and obligations of whatsoever nature relating to the PremisesProperty, including, without limitation, all Impositions (as defined in Section 3.1 below3.1), insurance premiums (as contemplated by Sections 6.1 and 6.10), all Project Expenses (of Landlord's obligations under the Ground Sublease, including the obligation to pay "Annual Rent" and the "Municipal Services Fee", as each are defined in Section 5.9 below) those the Ground Sublease, as well as any insurance which is required to be carried in favor of Ground Lessee and Owner, and any obligations arising under any common area maintenance agreements however denominateddeclarations, easements, declarations, restrictions, or other similar agreements affecting the Premises Property or any adjoining property thereto, and all interest and penalties that may accrue thereon in the event of Tenant's failure to pay such amounts when due, and all damages, costs and expenses which Landlord may incur by reason of any default of Tenant or failure on Tenant's part to comply with the terms of this Lease, all of which Tenant hereby agrees to pay upon demand or as is otherwise provided herein (all of the foregoing together with any other amounts and charges payable by Tenant under this Lease in addition to Fixed Rent are herein collectively called "ADDITIONAL RENT")herein. Upon any failure by Tenant to pay any of the Additional Rent, Landlord shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment nonpayment of the Fixed Rent. The term Additional Rent shall be deemed rent for all purposes hereunder other than with respect to Tenant's internal accounting procedureshereunder. Section 2.3. All Fixed Rent and all Additional Rent payable to Landlord hereunder (collectively, "RENTRent") shall be payable when due by wire transfer of immediately available funds to an account designated from time to time by Landlord. At Landlord's option upon Landlord's request, Rent shall be made in United States currency which shall be legal tender for all debts, public and private, payable to Landlord and sent to Landlord's address set forth in Article A, or to such other person or persons or at such other place as may be designated by notice from Landlord to TenantTenant made in accordance with Section 20.8, from time to time, and shall be made in United States currency which shall be legal tender for all debts, public and private. At Landlord's request, Rent shall be payable when due by wire transfer of immediately available funds to an account designated from time to time by Landlord. Notwithstanding the foregoing, Impositions and all sums due pursuant to the Ground Sublease shall be payable to the parties to whom they are due, except as otherwise provided herein. Section 2.4. This Lease shall be deemed and construed to be a "net lease", and Tenant shall pay to Landlord, absolutely net throughout the Term, the Rent, free of any charges, assessments, impositions or deductions of any kind and without abatement, deduction or set-off whatsoever, except as otherwise expressly provided herein. Under no circumstances or conditions, whether now existing or hereafter arising, or whether beyond the present contemplation of the parties, shall Landlord be expected or required to make any payment of any kind whatsoever or be under any other obligation or liability hereunder, except as herein otherwise expressly set forth. Tenant shall pay all costs, expenses and charges of every kind and nature relating to the Property, except debt service on any Mortgage or any other indebtedness of Landlord, which may arise or become due or payable prior to, during or after (but attributable to a period falling prior to or within) the Term, as may be extended. Except as otherwise specifically provided in this Lease, Tenant's obligation to pay Rent hereunder shall not terminate prior to the date definitely fixed for the expiration of the Term (as may be extended) notwithstanding the exercise by Landlord of any or all of its rights under Article 12 hereof or otherwise, and the obligations of Tenant hereunder shall not be affected (except as is otherwise specifically provided herein to the contrary) by reason of: any damage to or destruction of the Property or any part thereof, any taking of the Property or any part thereof or interest therein by condemnation or otherwise, any prohibition, limitation, restriction or prevention of Tenant's use, occupancy or enjoyment of the Property or any part thereof, or any interference with such use, occupancy or enjoyment by any person or for any reason, any matter affecting title to the Property any eviction by paramount title or otherwise, any default by Landlord hereunder, the impossibility, impracticability or illegality of performance by Landlord, Tenant or both, any action of any governmental authority, Tenant's acquisition of ownership of all or part of the Property (unless this Lease shall be terminated by a writing signed by all persons, including any mortgagee, having an interest in the Property), any breach of warranty or misrepresentation, or any other cause whether similar or dissimilar to the foregoing and whether or not Tenant shall, have notice or knowledge hereof and whether or not such cause shall now be foreseeable. The parties intend that the obligations of Tenant under this Lease shall be separate and independent covenants and agreements and shall continue unaffected unless such obligations have modified or terminated pursuant to an express provision of this Lease. Section 2.5. If Tenant shall fail to make payment of any installment of Fixed Rent or Additional Rent payable to Landlord hereunder within five (5) business days from the date upon which the same shall first have been due hereunder then and in each such event Tenant shall pay Landlord on demand, in addition to the installment or other payment due, as Additional Rent hereunder, a late payment fee to compensate Landlord for legal, accounting and other expenses incurred by Landlord in administering the delinquent account by reason of such late payment an additional sum of four (4%) percent of the amount due as a late charge. For the purposes of this Section 2.5, payments shall be deemed made upon the date of actual receipt by Landlord at the place specified in or pursuant to Article A, Section 5 hereof. The late payment fee required to be paid by Tenant pursuant to this Section 2.5 shall be in addition to all other rights and remedies provided herein or by Law to Landlord for such nonpayment.

FIXED RENT AND ADDITIONAL RENT. Section 2.14.1. Tenant Subtenant shall pay to Landlord Sublandlord, commencing on the Sublease Commencement Date, in currency which at the time of payment is legal tender for public and private debts in the United States of America, as fixed rent ("Fixed Rent Rent") during the Term, three (3) business days prior to the first (1st) day of each month during the Term, for the Premises during period commencing on the Term Sublease Commencement Date and ending on the amounts stated Expiration Date, the annual sum of One Million Two Hundred Seventeen Thousand Seven Hundred Ten Dollars and No Dollars ($1,217,710.00), payable in Article Aequal monthly installments of $101,475.83, Section 3. except that the first monthly installment of Fixed Rent shall be payable on execution hereof. (i) For each Tax Year during the Term, Subtenant shall pay to Sublandlord as and for additional rent an amount (the "Sublease Tax Payment") equal to the portion of the Tax Escalation Payment for such Tax Year, as computed by Prime Landlord pursuant to a statement delivered to Sublandlord in accordance with the Lease, which is attributed to the Sublease Premises. (ii) At any time during or after the Term, Sublandlord shall render to Subtenant a written statement or statements (a "Sublease Tax Statement"), together with a reproduced copy of the Statement received from Prime Landlord for the current or next succeeding Tax Year (if theretofore issued by Prime Landlord), showing the portion of the Tax Escalation Payment which is attributed to the Sublease Premises. Subtenant shall pay to Sublandlord, in twelve (12) equal installments, in advance, five (5) business days prior to the date upon which the corresponding payment is due and payable to Prime Landlord by Sublandlord, one-twelfth (1/12) of the Sublease Tax Payment shown on the Sublease Tax Statement, except that if at the time Sublandlord delivers a Sublease Tax Statement to Subtenant, the Sublease Tax Payment shall have accrued for a period prior to the delivery of the Sublease Tax Statement, Subtenant shall pay such accrued portion of the Sublease Tax Payment in full within fifteen (15) days after receipt of such Sublease Tax Statement. If Sublandlord shall be required to pay any Tax Escalation Payment on any other date or dates than as presently required by the Lease, then the due date of the installments of the Tax Payment shall be correspondingly accelerated or revised so that the Sublease Tax Payment (or the applicable installment thereof) is due three (3) business days prior to the date the corresponding payment is due to Prime Landlord. Sublandlord's failure to render a Sublease Tax Statement during or with respect to any Tax Year shall not prejudice Sublandlord's right to render a Sublease Tax Statement during or with respect to any subsequent Tax Year, and shall not eliminate or reduce Subtenant's obligation to make Sublease Tax Payments pursuant to this Section 4.2 for such Tax Year. (iii) The Sublease Tax Payment shall be prorated for any partial Tax Year in which the Term shall commence or end. If a Sublease Tax Statement is furnished to Subtenant after the commencement of the Tax Year in respect of which such Sublease Tax Statement is rendered, Subtenant shall, within fifteen (15) days thereafter, pay to Sublandlord an amount equal to the amount of any underpayment of the Sublease Tax Payment with respect to such Tax Year and, in the event of an overpayment, Sublandlord shall either pay to Subtenant or, at Sublandlord's election, credit against the next installments of Fixed Rent and payments of additional rent, the amount of Subtenant's overpayment. (iv) Only Prime Landlord shall be eligible to institute tax reduction or other proceedings to reduce the assessed valuation of the Building. If Prime Landlord shall be successful in any such reduction proceedings and obtain a rebate for any Tax Year for which Subtenant has paid installments of the Tax Payment, Sublandlord shall either pay to Subtenant, or at Subtenant's election, credit against the next installments of the Fixed Rent and payments of additional rent payable under this Sublease, an amount equal to the portion of any such rebate for which Sublandlord shall receive a credit from Prime Landlord which is attributed to the Sublease Premises. (i) For each Comparison Year during the Term (a "Lease Year"), Subtenant shall pay to Sublandlord as and for additional rent an amount (the "Sublease Wage Payment") equal to the portion of the Wage Escalation Payment for such Comparison Year, as computed by Prime Landlord pursuant to a statement delivered to Sublandlord in accordance with the Lease, which is attributed to the Sublease Premises. (ii) At any time during or after the Term, Sublandlord shall render to Subtenant a written statement or statements (a "Sublease Wage Statement"), together with a reproduced copy of the statement received from Prime Landlord for the applicable Comparison Year, showing the portion of the Wage Escalation Payment which is attributed to the Sublease Premises. Subtenant shall pay to Sublandlord, in twelve (12) equal monthly installments installments, in advance on advance, three (3) business days prior to the date upon which the corresponding payment is due and payable to Prime Landlord by Sublandlord, an amount equal to one-twelfth (1/12th) of the Sublease Wage Payment, except that if at the time Sublandlord delivers a Sublease Wage Statement to Subtenant, the Sublease Wage Payment shall have accrued for a period prior to the delivery of the Sublease Wage Statement, Subtenant shall pay such accrued portion of the Sublease Wage Payment (after crediting any Sublease Wage Payments theretofore made by Subtenant with respect to such period) within fifteen (15) days after receipt of such Sublease Wage Statement. If Sublandlord furnishes a Sublease Wage Statement for a Comparison Year subsequent to the commencement thereof, then (i) until three (3) business days prior to the first day of the month following the month in which the Sublease Wage Statement is furnished to Subtenant, Subtenant shall continue to pay to Sublandlord three (3)business days prior to the first day of each and every month during an amount equal to the Term, without previous demand therefor and without offset or deduction of any kind whatsoever. Notwithstanding the foregoing, Tenant shall pay the partial month's installment of Fixed Rent (monthly sum payable by Subtenant to Sublandlord with respect to the remaining days of the month in which this next previous Lease is executed) upon the execution of this Lease. Section 2.2. Tenant shall also pay and discharge, as additional rent, all other amounts, liabilities and obligations of whatsoever nature relating to the Premises, including, without limitation, all Impositions (as defined in Section 3.1 below), all Project Expenses (as defined in Section 5.9 below) those arising under any common area maintenance agreements however denominated, easements, declarations, restrictions, or other similar agreements affecting the Premises or any adjoining property thereto, and all interest and penalties that may accrue thereon in the event of Tenant's failure to pay such amounts when due, and all damages, costs and expenses which Landlord may incur by reason of any default of Tenant or failure on Tenant's part to comply with the terms of this Lease, all of which Tenant hereby agrees to pay upon demand or as is otherwise provided herein (all of the foregoing together with any other amounts and charges payable by Tenant under this Lease in addition to Fixed Rent are herein collectively called "ADDITIONAL RENT"). Upon any failure by Tenant to pay any of the Additional Rent, Landlord shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment of the Fixed Rent. The term Additional Rent shall be deemed rent for all purposes hereunder other than with respect to Tenant's internal accounting procedures. Section 2.3. All Fixed Rent and Additional Rent payable hereunder (collectively, "RENT") shall be payable when due by wire transfer of immediately available funds to an account designated from time to time by Landlord. At Landlord's option upon Landlord's request, Rent shall be made in United States currency which shall be legal tender for all debts, public and private, payable to Landlord and sent to Landlord's address set forth in Article A, or to such other person or persons or at such other place as may be designated by notice from Landlord to Tenant, from time to time. Notwithstanding the foregoing, Impositions shall be payable to the parties to whom they are due, except as otherwise provided herein.Year;

FIXED RENT AND ADDITIONAL RENT. Section 2.1. Tenant shall pay to Landlord as Fixed Rent for the Premises Property during the (a) Primary Term the amounts stated in Article A, Section 3, and (b) each Extension Term the amounts determined in accordance with Section 1.3(b). Fixed Rent shall be payable in equal monthly installments in advance on the first day of each and every month during the Term, without previous demand therefor and without offset or deduction of any kind whatsoever. Notwithstanding the foregoing, Tenant shall pay the partial month's installment of Fixed Rent (with respect to the remaining days of the month in which this Lease is executedCommencement Date occurs) upon on the execution of this LeaseCommencement Date. Section 2.2. Tenant shall also pay and discharge, discharge as additional rent, rent (the "Additional Rent") all other amounts, liabilities and obligations of whatsoever nature relating to the PremisesProperty, including, without limitation, all Impositions (as defined in Section 3.1 below3.1), all Project Expenses insurance premiums (as defined in Section 5.9 below) those contemplated by Sections 6.1 and 6.10), and any obligations arising under any common area maintenance agreements however denominateddeclarations, easements, declarations, restrictions, or other similar agreements affecting the Premises Property or any adjoining property thereto, and all interest and penalties that may accrue thereon in the event of Tenant's failure to pay such amounts when due, and all damages, costs and expenses which Landlord may incur by reason of any default of Tenant or failure on Tenant's part to comply with the terms of this Lease, all of which Tenant hereby agrees to pay upon demand or as is otherwise provided herein (all of the foregoing together with any other amounts and charges payable by Tenant under this Lease in addition to Fixed Rent are herein collectively called "ADDITIONAL RENT")herein. Upon any failure by Tenant to pay any of the Additional Rent, Landlord shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment nonpayment of the Fixed Rent. The term Additional Rent shall be deemed rent for all purposes hereunder other than with respect to Tenant's internal accounting procedureshereunder. Section 2.3. All Fixed Rent and all Additional Rent payable to Landlord hereunder (collectively, "RENTRent") shall be payable when due by wire transfer of immediately available funds to an account designated from time to time by Landlord. At Landlord's option upon Landlord's request, Rent shall be made in United States currency which shall be legal tender for all debts, public and private, payable to Landlord and sent to Landlord's address set forth in Article A, or to such other person or persons or at such other place as may be designated by notice from Landlord to TenantTenant made in accordance with Section 20.8, from time to time, and shall be made in United States currency which shall be legal tender for all debts, public and private. At Landlord's request, Rent shall be payable when due by wire transfer of immediately available funds to an account designated from time to time by Landlord. Notwithstanding the foregoing, Impositions shall be payable to the parties to whom they are due, except as otherwise provided herein. Section 2.4. This Lease shall be deemed and construed to be a "net lease", and Tenant shall pay to Landlord, absolutely net throughout the Term, the Rent, free of any charges, assessments, impositions or deductions of any kind and without abatement, deduction or set-off whatsoever, except as otherwise expressly provided herein. Under no circumstances or conditions, whether now existing or hereafter arising, or whether beyond the present contemplation of the parties, shall Landlord be expected or required to make any payment of any kind whatsoever or be under any other obligation or liability hereunder, except as herein otherwise expressly set forth. Tenant shall pay all costs, expenses and charges of every kind and nature relating to the Property, except debt service on any Mortgage or any other indebtedness of Landlord, which may arise or become due or payable prior to, during or after (but attributable to a period falling prior to or within) the Term, as may be extended. Except as otherwise specifically provided in this Lease, Tenant's obligation to pay Rent hereunder shall not terminate prior to the date definitely fixed for the expiration of the Term (as may be extended) notwithstanding the exercise by Landlord of any or all of its rights under Article 12 hereof or otherwise, and the obligations of Tenant hereunder shall not be affected (except as is otherwise specifically provided herein to the contrary) by reason of: any damage to or destruction of the Property or any part thereof, any taking of the Property or any part thereof or interest therein by condemnation or otherwise, any prohibition, limitation, restriction or prevention of Tenant's use, occupancy or enjoyment of the Property or any part thereof, or any interference with such use, occupancy or enjoyment by any person or for any reason, any matter affecting title to the Property any eviction by paramount title or otherwise, any default by Landlord hereunder, the impossibility, impracticability or illegality of performance by Landlord, Tenant or both, any action of any governmental authority, Tenant's acquisition of ownership of all or part of the Property (unless this Lease shall be terminated by a writing signed by all persons, including any mortgagee, having an interest in the Property), any breach of warranty or misrepresentation, or any other cause whether similar or dissimilar to the foregoing and whether or not Tenant shall, have notice or knowledge hereof and whether or not such cause shall now be foreseeable. The parties intend that the obligations of Tenant under this Lease shall be separate and independent covenants and agreements and shall continue unaffected unless such obligations have modified or terminated pursuant to an express provision of this Lease. Section 2.5. If Tenant shall fail to make payment of any installment of Fixed Rent or Additional Rent payable to Landlord hereunder within five (5) business days from the date upon which the same shall first have been due hereunder then and in each such event Tenant shall pay Landlord on demand, in addition to the installment or other payment due, as Additional Rent hereunder, a late payment fee to compensate Landlord for legal, accounting and other expenses incurred by Landlord in administering the delinquent account by reason of such late payment an additional sum of four (4%) percent of the amount due as a late charge. For the purposes of this Section 2.5, payments shall be deemed made upon the date of actual receipt by Landlord at the place specified in or pursuant to Article A, Section 5 hereof. The late payment fee required to be paid by Tenant pursuant to this Section 2.5 shall be in addition to all other rights and remedies provided herein or by Law to Landlord for such nonpayment.

FIXED RENT AND ADDITIONAL RENT. Section 2.1. (a) Tenant shall pay to Landlord as Fixed Rent for the Premises during the Term the amounts stated in Article A, Section 3Exhibit B attached hereto. Fixed --------- Rent shall be payable in equal monthly installments in advance on the first day of each and every month during the Term, without previous demand therefor and without offset or deduction of any kind whatsoever, other than as expressly provided for herein. Notwithstanding the foregoing, Tenant shall pay the partial month's installment of Fixed Rent (with respect to the remaining days of the month in which this Lease is executed) upon the execution of this Lease. (b) At the end of the seventh Lease Year (the 85th month), the Fixed Rent set forth on Exhibit B shall be adjusted in accordance with the rent --------- adjustment provisions set forth in Exhibit F attached hereto and incorporated --------- herein by this reference. Section 2.2. Tenant shall also pay and discharge, discharge as additional rent, rent (the "Additional Rent") all other amounts, liabilities and obligations of whatsoever nature relating to the Premises, including, without limitation, all Impositions (as defined in Section 3.1 below3.1), all Project Expenses (Ground Rent as defined in Section 5.9 below) those and when due, all amounts due or arising under any declarations, common area maintenance agreements however denominatedagreements, covenants, conditions and restrictions, easements, declarations, restrictions, or other similar agreements affecting the Premises or any adjoining property thereto, and all interest and penalties that may accrue thereon in the event of Tenant's failure to pay such amounts when due, and all damages, costs and expenses which Landlord may incur by reason of any default of Tenant or failure on Tenant's part to comply with the terms of this Lease, all of which Tenant hereby agrees to pay upon within ten (10) days after written demand or as is otherwise provided herein (all of the foregoing together with any other amounts and charges payable by Tenant under this Lease in addition to Fixed Rent are herein collectively called "ADDITIONAL RENT")herein. Upon any failure by Tenant to pay any of the Additional Rent, Landlord shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment nonpayment of the Fixed Rent. The term Additional Rent shall be deemed rent for all purposes hereunder other than with respect to Tenant's internal accounting procedures. Section 2.3. All Fixed Rent and Additional Rent payable hereunder (collectively, "RENTRent") shall be payable when due by wire transfer of immediately available funds to an account designated from time to time by Landlord. At Landlord's option upon Landlord's request, Rent shall be made in United States currency which shall be legal tender for all debts, public and private, payable to Landlord and sent to Landlord's address set forth in Article A, or to such other person or persons or at such --------- other place as may be designated by notice from Landlord to Tenant, from time to time, and shall be made in United States currency which shall be legal tender for all debts, public and private. Landlord may opt to receive all Rent payable hereunder when due by wire transfer of immediately available funds to an account designated from time to time by Landlord; such option shall become effective five (5) business days after Landlord's written request. Notwithstanding the foregoing, Impositions and other Additional Rent shall be payable to the parties to whom they are due, except as otherwise provided herein. Section 2.4. Landlord and Tenant acknowledge that this Lease is a Section 467 rental agreement, within the meaning of Section 467(d) of the Internal Revenue Code, and agree to report rent and other items consistent with such characterization. Within thirty (30) days of the date hereof, Landlord and Tenant shall agree to a schedule describing the allocation of rent and other items for purposes of Section 467 of the Internal Revenue Code. Landlord and Tenant will report rent and other items in a manner consistent with such schedule which shall be adjusted to the extent required by Treas. Reg. Section 1.467-6, upon issuance of such regulations. Section 2.5. This Lease shall be deemed and construed to be a "net lease", and Tenant shall pay to Landlord, absolutely net throughout the Term, the Rent, free of any charges, assessments, impositions or deductions of any kind and without abatement, deduction or set-off whatsoever, other than as expressly provided for herein. Under no circumstances or conditions, whether now existing or hereafter arising, or whether beyond the present contemplation of the parties, shall Landlord be expected or required to make any payment of any kind whatsoever or be under any other obligation or liability hereunder, except as herein otherwise expressly set forth. Tenant shall pay all costs, expenses and charges of every kind and nature relating to the Premises, including those arising under the Ground Lease, except debt service on any Mortgage or any other indebtedness of Landlord, which may arise or become due or payable prior to, during or after (but attributable to a period falling prior to or within) the Term. Except as otherwise specifically provided in this Lease, Tenant's obligation to pay Rent hereunder shall not terminate prior to the date definitely fixed for the expiration of the Term, notwithstanding the exercise by Landlord of any or all of its rights under Article 12 hereof or otherwise, and the obligations of Tenant hereunder shall not be affected by reason of: any damage to or destruction of the Premises or any part thereof, any taking of the Premises or any part thereof or interest therein by condemnation or otherwise, any prohibition, limitation, restriction or prevention of Tenant's use, occupancy or enjoyment of the Premises or any part thereof, or any interference with such use, occupancy or enjoyment by any person or for any reason, any matter affecting title to the Premises, any eviction by paramount title or otherwise, any default by Landlord hereunder, the impossibility, impracticability or illegality of performance by Landlord, Tenant or both, any action of any governmental authority, Tenant's acquisition of ownership of all or part of the Premises (unless this Lease shall be terminated by a writing signed by all persons, including any mortgagee, having an interest in the Premises), any breach of warranty or misrepresentation, or any other cause whether similar or dissimilar to the foregoing and whether or not Tenant shall have notice or knowledge thereof and whether or not such cause shall now be foreseeable. The parties intend that the obligations of Tenant under this Lease shall be separate and independent covenants and agreements and shall continue unaffected unless such obligations have modified or terminated pursuant to an express provision of this Lease. Nothing in this Section 2.5 shall be deemed to ----------- preclude Tenant from seeking monetary damages or equitable relief pursuant to an action against the Landlord before a court of competent jurisdiction.

FIXED RENT AND ADDITIONAL RENT. Section 2.1. Tenant shall pay fixed rent (“Fixed Rent”) beginning on the later of (a) the date that is ten (10) months after the Lease Commencement Date, or (b) the date that Tenant receives a Certificate of Occupancy for the entire Premises from the City of Waltham, but in no event later than May 1, 2008, subject, however, to any delayed Lease Commencement Date (as contemplated in Section 2) or any Landlord Delay (as hereinafter defined) (the “Rent Commencement Date”) in monthly installments each equal to one-twelfth (1/12) of the annual Fixed Rent for (the Premises during the Term the amounts stated “Annual Fixed Rent”), as set forth on Exhibit “C” attached hereto and made a part hereof, without prior notice or demand, and without any setoff or deduction whatsoever (except as otherwise set forth in Article Athis Lease), Section 3. Fixed Rent shall be payable in equal monthly installments in advance advance, on the first day of each month at such place as Landlord may direct. In addition to Fixed Rent, and every month during the Term, without previous demand therefor and without offset or deduction of any kind whatsoever. Notwithstanding the foregoingas more fully set forth below, Tenant shall pay the partial month's installment of to Landlord additional rent (“Additional Rent”). All amounts payable by Tenant to Landlord under this Lease other than Fixed Rent (with respect to the remaining days of the month in which this Lease is executed) upon the execution of this Lease. Section 2.2. Tenant shall also pay constitute Additional Rent and discharge, shall be paid without any setoff or deduction whatsoever as additional rent, all other amounts, liabilities and obligations of whatsoever nature relating to the Premises, including, without limitation, all Impositions (as defined in Section 3.1 below), all Project Expenses (as defined in Section 5.9 below) those arising under any common area maintenance agreements however denominated, easements, declarations, restrictions, or other similar agreements affecting the Premises or any adjoining property thereto, and all interest and penalties that may accrue thereon in the event of Tenant's failure to pay such amounts when due, and all damages, costs and expenses which Landlord may incur by reason of any default of Tenant or failure on Tenant's part to comply with the terms of this Lease, all of which Tenant hereby agrees to pay upon demand or as is otherwise provided herein (all of the foregoing together with any other amounts and charges payable by Tenant under except as otherwise set forth in this Lease in addition to Lease). “Rent” shall mean Fixed Rent are herein collectively called "ADDITIONAL RENT"). Upon any failure by Tenant to pay any of the and Additional Rent, Landlord . If the Lease Term shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease commence or by statute or otherwise in the case of non-payment of the Fixed Rent. The term Additional Rent shall be deemed rent for all purposes hereunder expire on other than with respect to Tenant's internal accounting procedures. Section 2.3. All the first or last day, as applicable, of a calendar month, such monthly installment of Fixed Rent and Additional Rent payable hereunder (collectivelyif any), "RENT") shall be payable when due by wire transfer prorated for each calendar day of immediately available funds to an account designated from time to time by Landlord. At Landlord's option upon Landlord's request, Rent shall be made in United States currency which shall be legal tender for all debts, public and private, payable to Landlord and sent to Landlord's address set forth in Article A, or to such other person or persons or at such other place as may be designated by notice from Landlord to Tenant, from time to time. Notwithstanding the foregoing, Impositions shall be payable to the parties to whom they are due, except as otherwise provided hereinpartial month.

FIXED RENT AND ADDITIONAL RENT. Section 2.1. Tenant shall pay to Landlord as Fixed Rent for the Premises Property during the (a) Term the amounts stated in Article A, Section 3, (b) first Extension Term the amounts stated in Section 1.3(b) and (c) second Extension Term the amounts stated in Section 1.3(c). Fixed Rent shall be payable in equal monthly installments in advance on the first day of each and every month during the Term, without previous demand therefor and without offset or deduction of any kind whatsoever. Notwithstanding the foregoing, Tenant shall pay the partial month's ’s installment of Fixed Rent (with respect to the remaining days of the month in which this Lease is executed) upon the execution of this Lease. Section 2.2. Tenant shall also pay and discharge, discharge as additional rent, rent (the “Additional Rent”) all other amounts, liabilities and obligations of whatsoever nature relating to the PremisesProperty, including, without limitation, all Impositions (as defined in Section 3.1 below), all Project Expenses (as defined in Section 5.9 below3.1) those arising under any common area maintenance agreements however denominated, easements, declarations, restrictions, or other similar agreements affecting the Premises Property or any adjoining property theretothereto (other than those easements, restrictions or other similar agreements created after the date hereof by Landlord and not approved by Tenant, such approval not to be unreasonably withheld, conditioned or delayed), and all interest and penalties that may accrue thereon in the event of Tenant's ’s failure to pay such amounts when due, and all damages, costs and expenses which Landlord may incur by reason of any default of Tenant or failure on Tenant's ’s part to comply with the terms of this Lease, all of which Tenant hereby agrees to pay upon demand or as is otherwise provided herein (all of the foregoing together with any other amounts and charges payable by Tenant under this Lease in addition to Fixed Rent are herein collectively called "ADDITIONAL RENT")herein. Upon any failure by Tenant to pay any of the Additional Rent, Landlord shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment nonpayment of the Fixed Rent. The term Additional Rent shall be deemed rent for all purposes hereunder other than with respect to Tenant's internal accounting procedureshereunder. Section 2.3. All Fixed Rent and Additional Rent payable hereunder (collectively, "RENT"“Rent”) shall be payable when due by wire transfer of immediately available funds to an account designated from time to time by Landlord. At Landlord's option upon Landlord's request, Rent shall be made in United States currency which shall be legal tender for all debts, public and private, payable to Landlord and sent to Landlord's ’s address set forth in Article A, or to such other person or persons or at such other place as may be designated by written notice from Landlord to Tenant, from time to time, and shall be made in United States currency which shall be legal tender for all debts, public and private. At Landlord’s request, Rent shall be payable when due by wire transfer of immediately available funds to an account designated from time to time by Landlord. Notwithstanding the foregoing, Impositions shall be payable to the parties to whom they are due, except as otherwise provided herein. Section 2.4. This Lease shall be deemed and construed to be a “net lease”, and Tenant shall pay to Landlord, absolutely net throughout the Term, the Rent, free of any charges, assessments, impositions or deductions of any kind and without abatement, deduction or set-off whatsoever. Under no circumstances or conditions, whether now existing or hereafter arising, or whether beyond the present contemplation of the parties, shall Landlord be expected or required to make any payment of any kind whatsoever or be under any other obligation or liability hereunder, except as herein otherwise expressly set forth. Tenant shall pay all costs, expenses and charges of every kind and nature relating to the Property, except debt service on any Mortgage or any other indebtedness of Landlord, which may arise or become due or payable prior to, during or after (but attributable to a period falling prior to or within) the Term, as may be extended. Except as otherwise specifically provided in this Lease, Tenant’s obligation to pay Rent hereunder shall not terminate prior to the date definitely fixed for the expiration of the Term (as may be extended) notwithstanding the exercise by Landlord of any or all of its rights under Article 12 hereof or otherwise, and the obligations of Tenant hereunder shall not be affected (except as is otherwise specifically provided herein to the contrary) by reason of: any damage to or destruction of the Property or any part thereof, any taking of the Property or any part thereof or interest therein by condemnation or otherwise, any prohibition, limitation, restriction or prevention of Tenant’s use, occupancy or enjoyment of the Property or any part thereof, or any interference with such use, occupancy or enjoyment by any person or for any reason, any matter affecting title to the Property any eviction by paramount title or otherwise, any default by Landlord hereunder, the impossibility, impracticability or illegality of performance by Landlord, Tenant or both, any action of any governmental authority, Tenant’s acquisition of ownership of all or part of the Property (unless this Lease shall be terminated by a writing signed by all persons, including any mortgagee, having an interest in the Property), any breach of warranty or misrepresentation, or any other cause whether similar or dissimilar to the foregoing and whether or not Tenant shall, have written notice or knowledge hereof and whether or not such cause shall now be foreseeable. The parties intend that the obligations of Tenant under this Lease shall be separate and independent covenants and agreements and shall continue unaffected unless such obligations have modified or terminated pursuant to an express provision of this Lease. (a) The Fixed Rent shall be increased, on the third anniversary of the Commencement Date and every three (3) years thereafter as follows:

FIXED RENT AND ADDITIONAL RENT. Section 2.1. Tenant shall pay to Landlord as Fixed Rent for the Premises Property during the Term the amounts stated set forth in Article A, Section 3Exhibit “B” attached hereto. Fixed Rent shall be payable in equal monthly installments in advance on the first day of each and every month during the Term, without previous demand therefor and without offset or deduction of any kind whatsoever. Notwithstanding the foregoing, Tenant shall pay the partial month's ’s installment of Fixed Rent (with respect to the remaining days of the month in which this Lease is executed) upon the execution of this Lease. Section 2.2. To the extent the same are not caused by the negligence, or willful misconduct of Landlord or Landlord’s agents, contractors or employees, Tenant shall also pay and discharge, discharge as additional rent, rent (the “Additional Rent”) all other amounts, liabilities and obligations of whatsoever nature relating to the PremisesProperty, including, without limitation, all Impositions Impositions, all insurance premiums (as defined contemplated in Section 3.1 below), all Project Expenses (as defined in Section 5.9 belowArticle 6) those and any obligations arising under any common area maintenance agreements however denominated, easements, declarations, restrictions, contracts or other similar agreements affecting the Premises or any adjoining property thereto, Property and all interest and penalties that may accrue thereon in the event of Tenant's ’s failure to pay such amounts when due, and all damages, costs and expenses which Landlord may incur by reason of any default Event of Tenant or failure on Tenant's part to comply with the terms of this LeaseDefault, all of which Tenant hereby agrees to pay upon demand or as is otherwise provided herein (all of the foregoing together with any other amounts and charges payable by Tenant under this Lease in addition to Fixed Rent are herein collectively called "ADDITIONAL RENT")herein. Upon any failure by Tenant to pay any of the Additional Rent, Landlord shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the case of non-payment nonpayment of the Fixed Rent. The term Additional Rent shall be deemed rent for all purposes hereunder other than with respect to Tenant's internal accounting procedureshereunder. Section 2.3. All Fixed Rent and Additional Rent payable to Landlord hereunder (collectively, "RENT"“Rent”) shall be payable when due by wire transfer of immediately available funds to an account designated from time to time by Landlord. At Landlord's option upon Landlord's request, Rent shall be made in United States currency which shall be legal tender for all debts, public and private, payable to Landlord and sent to Landlord's ’s address set forth in Article A, or to such other person Person or persons Persons or at such other place as may be designated by notice from Landlord to Tenant, from time to time, and shall be made in United States currency which shall be legal tender for all debts, public and private. Notwithstanding the foregoing, Impositions shall be payable to the parties to whom they are due, except as otherwise provided herein. Section 2.4. This Lease shall be deemed and construed to be a “net lease”, and Tenant shall pay to Landlord, absolutely net throughout the Term, the Rent, free of any charges, assessments, impositions or deductions of any kind and without abatement, deduction or set-off whatsoever, except as expressly set forth herein. Under no circumstances or conditions, whether now existing or hereafter arising, or whether beyond the present contemplation of the parties, shall Landlord be expected or required to make any payment of any kind whatsoever or be under any other obligation or liability hereunder, except as herein otherwise expressly set forth. Tenant shall pay all costs, expenses and charges of every kind and nature relating to the Property, except debt service on any Mortgage or any other indebtedness of Landlord or rent under any ground lease of the Property entered into by Landlord, which may arise or become due or payable prior to, during or after (but only to the extent attributable to a period falling prior to or within) the Term, as may be extended. Except as otherwise specifically provided in this Lease, Tenant’s obligation to pay Rent hereunder shall not terminate prior to the date definitely fixed for the expiration of the Term (as may be extended) notwithstanding the exercise by Landlord of any or all of its rights under Article 12 hereof or otherwise, and the obligations of Tenant hereunder shall not be affected (except as is otherwise specifically provided herein to the contrary) by reason of any damage to or destruction of the Property or any part thereof or condemnation or any title matter currently affecting the Property. The parties intend that the obligations of Tenant under this Lease shall be separate and independent covenants and agreements. Section 2.5. If Tenant shall fail to make payment of any installment of Fixed Rent or Additional Rent payable to Landlord hereunder within seven (7) Business Days from the date upon which the same shall first have been due hereunder then and in each such event Tenant shall pay Landlord on demand, in addition to the installment or other payment due, as Additional Rent hereunder, a late payment fee to compensate Landlord for legal, accounting and other expenses incurred by Landlord in administering the delinquent account by reason of such late payment in an amount equal to an additional sum of two percent (2%) of the amount due; provided, however, that such late charge shall not be applicable with respect to the first two (2) such late payments by Tenant in any one calendar year period. For purposes of this Section 2.5, payments shall be deemed made upon the date of actual receipt by Landlord at the place specified in or pursuant to Article A, Section 5 hereof. The late payment fee required to be paid by Tenant pursuant to this Section 2.5 shall be in addition to all other rights and remedies provided herein or by law to Landlord for such nonpayment. All Additional Rent shall be due within thirty (30) days of demand, absent Landlord expressly providing Tenant with a longer period of time.