Common use of Fixed Rent Clause in Contracts

Fixed Rent. Tenant agrees to pay to Landlord, commencing on the Rent Commencement Date, and thereafter monthly, in advance, on the first day of each and every calendar month during the Original Lease Term, a sum equal to one-twelfth (1112th) of the Annual Fixed Rent specified in Section 1.2 hereof and on the first day of each and every calendar month during the Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent as determined in Section 3.2 for the Extended Term. Until written notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Landlord as follows: c/o Samuels & Associates, 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if the Rent Commencement Date shall be other than the first day of a calendar month, the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent for the partial month from the Rent Commencement Date to the first day of the succeeding calendar month. Additional Rent payable by Tenant on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and the first payment on account thereof shall be determined in similar fashion and shall commence on the Commencement Date and other provisions of this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant. Notwithstanding that the payment of Annual Fixed Rent, Operating Expenses Allocable to the Premises and the Tax Excess payable by Tenant to Landlord shall not commence until the Rent Commencement Date, Tenant shall be subject to, and shall comply with, all other provisions of this Lease as and at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the Annual Fixed Rent, Additional Rent and all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord without setoff, deduction or abatement.

Fixed Rent. Tenant agrees No Fixed Rent or Additional Rent shall be due or payable hereunder for the period commencing on the Term Commencement Date through and including, the day prior to pay to Landlord, commencing the Rent Commencement Date. For the period beginning on the Rent Commencement Date, Date through and thereafter monthly, in advance, on including the last day of the twelfth (12th) full calendar month immediately following the Rent Commencement Date (this period shall include the partial calendar month between the Rent Commencement Date and the first day of each and every the first full calendar month during immediately following the Original Lease Term, a sum equal to one-twelfth (1112th) of the Annual Fixed Rent specified in Section 1.2 hereof and on the first day of each and every calendar month during the Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent as determined in Section 3.2 for the Extended Term. Until written notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Landlord as follows: c/o Samuels & Associates, 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, Commencement Date if the Rent Commencement Date shall be is other than the first day of a calendar month), the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be based upon a payment rate of $12.25 per square foot contained in the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to a proportionate part of such monthly Annual adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Fixed Rent for this period is subject to being confirmed and further adjusted in accordance with Section 1.4 hereof if the partial square footage of the Premises is determined to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning on the first day of the thirteenth (13th) full calendar month immediately following the Rent Commencement Date (the “First Adjustment Date”) and thereafter on each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Term, the Fixed Rental Rate and, correspondingly, the Fixed Rent, payable under this Lease by Sublessee shall be adjusted by an amount (each, an “Adjustment”) equal to the Fixed Rental Rate payable for and with respect to the immediately preceding twelve (12) calendar month period multiplied by the percentage change in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment to be made on the First Adjustment Date the comparison of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately prior to the Rent Commencement Date and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business day of each calendar month during the Base Term at the address from time to time designated by Sublessor for the payment of Fixed Rent and Additional Rent under this Lease. In no event shall the Fixed Rental Rate as adjusted with respect to any 12 calendar month period during the Base Term be less than the Fixed Rental Rate payable for the period from the Rent Commencement Date through, but not including, the First Adjustment Date whether or not there shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall the amount of any annual Adjustment to the first day Fixed Rental Rate exceed the lesser of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% of the succeeding calendar month. Additional Rent payable by Tenant on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and Fixed Rental Rate for the first payment on account thereof shall be determined in similar fashion and shall commence on the Commencement Date and other provisions lease year (i.e. $0.3675 assuming a Fixed Rental Rate of this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant$12.25 per square foot). Notwithstanding that the payment [End of Annual Fixed RentReference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, Operating Expenses Allocable to the Premises and the Tax Excess payable by Tenant to Landlord shall not commence until the Rent Commencement Datea Delaware limited partnership, Tenant shall be subject toAS SUBLESSOR, and shall comply withAND TISSUELINK MEDICAL, all other provisions of this Lease as and at the times provided in this Lease. Except as expressly otherwise set forth in this LeaseINC., the Annual Fixed Renta Delaware corporation, Additional Rent and all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord without setoffAS SUBLESSEE, deduction or abatement.DATED AS OF February 27, 2008 TABLE OF CONTENTS

Fixed Rent. Tenant agrees to pay to Landlord, commencing on the Rent Commencement Date, and thereafter monthly, in advance, on the first day of each and every calendar month during the Original Lease Term, a sum equal to one-twelfth (1112th1/12th) of the Annual Fixed Rent specified in Section 1.2 hereof and on the first day of each and every calendar month during the Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent as determined in Section 3.2 for the Extended Term1.1 hereof. Until written notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Landlord Boston Properties Limited Partnership, as follows: c/o Samuels & Associatesagent of Landlord. All remittances received by BOSTON PROPERTIES LIMITED PARTNERSHIP, 000 Xxxxxxx Xxxxxxas agent as aforesaid, Xxxxxxor by any subsequently designated recipient, Xxxxxxxxxxxxx 00000shall be treated as a payment to Landlord. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if the Rent Commencement Date shall be other than the first day of a calendar month, the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent for the partial month from the Rent Commencement Date to the first day of the succeeding calendar month. Additional Rent payable by Tenant on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and the first payment on account thereof shall be determined in similar fashion and shall commence on the Rent Commencement Date and other provisions of this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant. Notwithstanding that the payment of Annual Fixed Rent, Operating Expenses Allocable to the Premises and the Tax Excess Rent payable by Tenant to Landlord shall not commence until the Rent Commencement Date, Tenant shall be subject to, and shall comply with, all other provisions of this Lease as and at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the The Annual Fixed Rent, Additional Rent and all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord without setoff, deduction or abatement.

Fixed Rent. Fixed rent (the “Fixed Rent”) is payable by Tenant agrees to pay to Landlord, commencing beginning on the Commencement Date in monthly installations each equal to (See Rent Commencement DateSchedule - Rider #1), representing one-twelfth (1/12) of the annual Fixed Rent (the “Annual Fixed Rent”) equal to (See Rent Schedule - Rider #1), without prior notice or demand, and thereafter monthlywithout any setoff or deduction whatsoever, in advance, on the first day of each and every calendar month during the Original Lease Term, a sum equal to one-twelfth (1112th) of the Annual Fixed Rent specified in Section 1.2 hereof and on the first day of each and every calendar month during the Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent at such place as determined in Section 3.2 for the Extended Term. Until written notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Landlord as follows: c/o Samuels & Associates, 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000may direct. Annual Fixed Rent for any partial month shall include the Operating Expense Allowance as set forth in Section I (1) of Exhibit “C” hereto. Annual Fixed Rent shall be paid by Tenant subject to Landlord at such rate on a pro rata basis, andadjustment as provided in Section II of Exhibit “C” hereto. In addition, if the Rent Commencement Date shall be Lease Term commences on a day other than the first day of a calendar month, the first payment of Annual Fixed Rent which Tenant shall make pay to Landlord shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent for the partial month from the Rent Commencement Date to the first day of the succeeding calendar month. Additional Rent payable by Tenant Landlord, on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and the first payment on account thereof shall be determined in similar fashion and shall commence on or before the Commencement Date of the Lease Term, a pro rata portion of the monthly installment of rent (Including Fixed Rent and any Additional Rent as herein provided), such pro rata portion to be based on the actual number of calendar days remaining in such partial month after the Commencement Date of the Lease Term. If the Lease Term shall expire on other provisions than the last day of this Lease calling for a calendar month, such monthly payments installment of Fixed Rent and Additional Rent shall be read as incorporating this undertaking by Tenantprorated for each calendar day of such partial month. Notwithstanding that the payment If any portion of Annual Fixed Rent, Operating Expenses Allocable to the Premises and the Tax Excess Additional Rent, or any other sum payable by Tenant to Landlord hereunder shall not commence until be due and unpaid for more than five (5) days, the Rent Commencement Date, Tenant balance due shall be subject toto and include a 10 percent penalty. In addition, and shall comply with, all other provisions if any portion of this Lease as and at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the Annual Fixed Rent, Additional Rent and all or any other charges for which provision is made in this Lease sum payable to Landlord hereunder shall be paid due and unpaid for more than five (5) days after written notice of non-payment by Landlord to Tenant (which written notice shall not be required more than two times in any period of twelve (12) consecutive months), it shall thereafter bear interest at a rate equal to three percent (3%) per annum greater than the highest prime rate of interest announced from time to time by NationsBank (or its successor) (the “Default Rate”), as the same may change from time to time, from the due date until the date of payment thereof by Tenant, provided, however, that nothing herein contained shall be construed or implemented in such a manner as to allow Landlord without setoff, deduction to charge or abatementreceive interest in excess of the maximum legal rate then allowed by law.

Fixed Rent. Tenant agrees to pay to Landlord, commencing or as directed by Landlord, at Landlord's Present Mailing Address specified in Section 1.2 hereof, or at such other place as Landlord shall from time to time designate by notice, (1) on the Rent applicable Commencement Date, and thereafter monthly, in advance, on the first day of each and every calendar month during the Original Lease Term, a sum equal to one-twelfth (1112th1/12) of the Annual Fixed Rent specified in Section 1.2 hereof and (2) on the first day of each and every calendar month during the Extended Term each extension option period (if exercised), a sum equal to one-twelfth of the applicable Annual Fixed Rent as determined in Section 3.2 for the Extended Termextension option period. Until written notice of some other designation is given, fixed rent Annual Fixed Rent and all other charges for which provision is herein made shall be paid by remittance to or for to the order of Landlord as follows: c/o Samuels & AssociatesBOSTON PROPERTIES, 000 Xxxxxxx INC., Agents at 0 Xxxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000, and all remittances received by BOSTON PROPERTIES, INC., as Agents as aforesaid, or by any subsequently designated recipient, shall be treated as a payment to Landlord. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if the Rent applicable Commencement Date shall be other than the first day of a calendar month, the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent for the partial month from the Rent applicable Commencement Date to the first day of the succeeding calendar month. Additional Rent Other charges payable by Tenant on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and the first payment on account thereof shall be determined in similar fashion and shall commence on the applicable Commencement Date and other provisions of this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant. Notwithstanding that the payment of The Annual Fixed Rent, Operating Expenses Allocable to the Premises and the Tax Excess payable by Tenant to Landlord shall not commence until the Rent Commencement Date, Tenant shall be subject to, and shall comply with, all other provisions of this Lease as and at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the Annual Fixed Rent, Additional Rent and all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord without setoff, deduction or abatement.

Fixed Rent. Fixed rent (the "Fixed Rent") is payable by Tenant agrees to pay to Landlord, commencing beginning on the Commencement Date in monthly installments, each representing one-twelfth (1/12) of the annual Fixed Rent Commencement Date(the "Annual Fixed Rent") in accordance with the following schedule: monthly installment of total Annual Annual period of Annual Fixed Rent Fixed Rent per Lease Term Fixed Rent due due rentable square foot Fixed Rent shall increase cents ($ ) per rentable square foot each year thereafter. Fixed Rent is payable without prior notice or demand, and thereafter monthlywithout any setoff or deduction whatsoever, in advance, on the first day of each and every calendar month during at such place as Landlord may direct, except that the Original Lease Term, a sum equal to one-twelfth (1112th) Fixed Rent for the first full month of the Lease Term will be paid on the date of execution of this Lease. The Annual Fixed Rent specified in Section 1.2 hereof and on the first day of each and every calendar month during the Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent as determined in Section 3.2 for the Extended Termset forth herein is an annualized amount. Until written notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Landlord as follows: c/o Samuels & Associates, 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, andIn addition, if the Rent Commencement Date shall be Lease Term commences on a day other than the first day of a calendar month, the first payment of Annual Fixed Rent which Tenant shall make pay to Landlord shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent for the partial month from the Rent Commencement Date to the first day of the succeeding calendar month. Additional Rent payable by Tenant Landlord, on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and the first payment on account thereof shall be determined in similar fashion and shall commence on or before the Commencement Date of the Lease Term, a pro rata portion of the monthly installment of rent (including Fixed Rent and other provisions any Additional Rent as hereinafter defined), such pro rata portion to be based on the actual number of this days in that portion of the calendar month from and after the Commencement Date of the Lease calling for monthly payments shall be read as incorporating this undertaking by TenantTerm. Notwithstanding that the payment If any portion of Annual Fixed Rent, Operating Expenses Allocable to the Premises and the Tax Excess payable by Tenant to Landlord shall not commence until the Rent Commencement Date, Tenant shall be subject to, and shall comply with, all other provisions of this Lease as and at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the Annual Fixed Rent, Additional Rent or any other sum payable to Landlord hereunder shall be due and all other charges unpaid for which provision is made more than ten (10) days, it shall bear interest at a rate equal to three percent (3%) per annum greater than the highest prime rate of interest as published in the Wall Street Journal, eastern edition from time to time (the "Default Rate"), as the same may change from time to time, from the due date until the date of payment thereof by Xxxxxx, provided, however, that nothing contained herein or elsewhere in this Lease shall be paid construed or implemented in such a manner as to allow Landlord to charge or receive interest in excess of the maximum legal rate then allowed by law. Landlord and Tenant understand and agree that memos written on rental checks or any other payment forms delivered to Landlord without setoffdo not and shall not constitute satisfaction of any current or outstanding debt of Tenant pursuant to this Lease, deduction and, provided further that any such memo shall not preclude Landlord from recovering any balance of any sum or abatementsums due under this Lease. In addition, a letter or similar type statement accompanying any rental check or payment form delivered to Landlord pursuant to this Lease also shall have no force or effect under this Lease as such may relate to the satisfaction of any debt of Tenant hereunder.

Fixed Rent. Tenant agrees to pay to Landlord, commencing on Landlord the annual Fixed Rent Commencement Date, and thereafter monthly, (as set forth in advance, Paragraph F of the Summary of Lease Terms) in twelve (12) equal monthly installments in advance on the first day of each and every calendar month during the Original Lease Term, a sum equal to one-twelfth (1112th) of the Annual term of this Lease (the “Fixed Rent Rent”) without deduction, offset, prior notice or demand, in lawful money of the United States, at the office of Landlord at Landlord’s address for notice as specified in Section 1.2 hereof and on the first day of each and every calendar month during the Extended Term (if exercised), a sum equal to one-twelfth Paragraph M of the Annual Fixed Rent as determined in Section 3.2 for the Extended Term. Until written notice Summary of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to Lease Terms or for the order of Landlord as follows: c/o Samuels & Associates, 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if other place as may hereafter be designated by Landlord If the Rent Commencement Date shall be other than is not the first day of a calendar month, or if the first payment Expiration Date is not the last day of Annual Fixed Rent which Tenant shall make to Landlord a month, a prorated monthly installment shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent paid at the then current rate for the partial fractional month from during which the Rent Commencement Date Lease commences and/or expires. It is the responsibility of Tenant to the first day ensure that all payments of the succeeding calendar month. Additional Rent payable by Tenant on a monthly basisFixed Rent, as elsewhere provided in together with all other rent due under this Lease, likewise shall arrives at the above-mentioned place on or before the due date. If the due date is a weekend or holiday, then Tenant must arrange for earlier delivery. Payments made by mail will be prorated, and the first payment on account thereof shall be determined in similar fashion and shall commence considered late if they are not received by Landlord on the Commencement Date and other provisions designated due date. All amounts of this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant. Notwithstanding that the payment of Annual rent, including, without limitation, Fixed Rent, Operating Expenses Allocable and other sums due under this Lease (collectively “Rent”) if not paid when due shall (i) bear interest from the due date until paid at a per annum rate equal to the Premises lesser of (x) the maximum rate allowed by applicable law pursuant to Section 20.8 hereof, or (y)twelve percent (12%) (the “Default Rate”) until fully paid, and (ii) incur a late charge of five percent (5%) of such unpaid amount upon the Tax Excess payable 2 date that such Rent first becomes delinquent. Landlord and Tenant agree that the amount of such interest and late charge is fair and reasonable compensation for costs and expenses incurred by Landlord due to the failure by Tenant to Landlord shall not commence until the timely make any payment of Rent Commencement Date, Tenant shall be subject to, and shall comply with, all or other provisions of sums due under this Lease as such costs and at the times provided in this Leaseexpenses are extremely difficult to estimate and ascertain. Except as expressly otherwise set forth in this Lease, the Annual Fixed Rent, Additional Rent and all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord without setoff, deduction or abatement.3.2

Fixed Rent. Tenant agrees to pay to Landlord, commencing on the Rent Commencement Date, and thereafter monthly, in advance, on the first day of each and every calendar month during the Original Lease Term, a sum equal to one-twelfth (1112th) of the Annual Fixed Rent specified in Section 1.2 hereof and on the first day of each and every calendar month during the Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent as determined in Section 3.2 for the Extended Term. Until written notice of some other designation is given, fixed additional rent and all other charges for which provision is herein made reserved, but no such assignment, subletting, occupancy or collection shall be paid by remittance to deemed a waiver of the provisions of this Section 6.1.6, or for acceptance of the order assignee, subtenant or occupant as tenant, or a release of Landlord as follows: c/o Samuels & AssociatesTenant from the further performance of the terms, 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000. Annual Fixed Rent for any partial month shall be paid by covenants and conditions of this Lease on the part of Tenant to Landlord at be performed. In such rate on a pro rata basisevent, and, if after deducting Landlord’s share of the Rent Commencement Date shall be other than the first day of a calendar monthDifferential, the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent for the partial month from the Rent Commencement Date to the first day of the succeeding calendar month. Additional Rent payable by Tenant equitably determined on a monthly basis, if applicable as elsewhere provided in hereinafter provided, Landlord agrees to remit to Tenant any excess on a month to month basis. If Landlord’s approval of a sublease or assignment is necessary and Landlord approves a sublease or assignment, and said sublease or assignment is for a total rental amount which on an annualized basis is greater than the Fixed Rent and additional rent due from Tenant to Landlord under this Lease, likewise Tenant shall pay to Landlord, forthwith upon Tenant’s receipt of each installment of such excess rent, during the term of any approved sublease or assignment, as additional rent hereunder, in addition to the Fixed Rent and other payments due under this Lease, an amount equal to fifty percent (50%) of the positive excess between all Fixed Rent and additional rent received by Tenant under the sublease or assignment and the Fixed Rent and the additional rent due hereunder after Tenant has recouped, in full, its reasonable out-of-pocket expenses with respect to such sublease or assignment, including without limitation, reasonable real estate brokerage commissions, utilities expenses, reasonable legal fees, reasonable free rent, reasonable marketing costs and the reasonable costs of refurbishment of the Premises for such sublease or assignment (the “Rent Differential”). The Rent Differential shall not include the sales or rental proceeds received by Tenant in connection with the sale or lease of its personal property to a proposed transferee. In the event the sublease is for less than the full Premises hereunder, the rent payable by Tenant shall be prorated, and proportionately adjusted in determining the first payment excess (but all expenses to be recouped will be deducted) pro-rated on account thereof shall be determined a square foot basis. Anything contained in similar fashion and shall commence on the Commencement Date and other foregoing provisions of this Lease calling section to the contrary notwithstanding, neither Tenant nor any other person having interest in the possession, use, occupancy or utilization of the Premises shall enter into any lease, sublease, license, concession or other agreement for monthly payments use, occupancy or utilization of space in the Premises which provides for rental or other payment for such use, occupancy or utilization based, in whole or primarily on the net income or profits derived by any person from the Premises leased, used, occupied or utilized (other than an amount based on a fixed percentage or percentages of receipts or sales), and any such purported lease, sublease, license, concession or other agreement shall be read absolutely void and ineffective as incorporating this undertaking by Tenanta conveyance of any right or interest in the possession use, occupancy or utilization of any part of the Premises. Notwithstanding that the payment of Annual Fixed Rent, Operating Expenses Allocable to the Premises and the Tax Excess payable by Tenant to Landlord shall not commence until the Rent Commencement Date, Tenant shall be subject to, and shall comply with, all other provisions of this Lease as and at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the Annual Fixed Rent, Additional Rent and all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord without setoff, deduction or abatement.6.1.7

Fixed Rent. Commencing on the date that is one hundred eighty (180) days following the Commencement Date (the “Rent Commencement Date”), but subject to extension for Landlord Delays in accordance with Exhibit B-1 attached hereto, Tenant agrees to pay to Landlord, commencing on the Rent Commencement Date, and thereafter monthly, in advance, on the first day of each and every calendar month during the Original Lease Term, a sum equal to one-twelfth (1112th1/12) of the Annual Fixed Rent for the Premises specified in Section 1.2 hereof and on the first day of each and every calendar month during the Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent for the Premises as determined in Section 3.2 for the Extended Term. Until written notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Landlord as follows: c/o Samuels & Associates, 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000. by ACH transfer in accordance with the ACH Directive on Exhibit E. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if the Rent Commencement Date shall be other than the first day of a calendar month, the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent for the partial month from the Rent Commencement Date to the first day of the succeeding calendar month. Additional Rent payable by Tenant on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and the first payment on account thereof shall be determined in similar fashion and shall commence on the Commencement Date and other provisions of this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant. Notwithstanding that the payment of Annual Fixed Rent, Operating Expenses Allocable to the Premises and the Tax Excess Rent payable by Tenant to Landlord shall not commence until the Rent Commencement Date, Tenant shall be subject to, and shall comply with, all other provisions of this Lease as and at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the The Annual Fixed Rent, Additional Rent and all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord without setoff, deduction or abatementabatement except as expressly provided in this Lease.

Fixed Rent. Tenant Xxxxxx agrees to pay to Landlord, or as directed by Landlord at such place as Landlord shall from time to time designate by notice, (1) commencing on as of the Rent New 21st Floor Commencement DateDate with respect to the New 21st Floor Premises, for the New 21st Floor Premises, and (2) commencing as of the Commencement Date for the -24- balance of the Premises, and thereafter monthly, in advance, on the first day of each and every calendar month during the Original Lease Term, a sum equal to one-twelfth (1112th1/12) of the Annual Fixed Rent specified in Section 1.2 hereof and (2) on the first day of each and every calendar month during the each Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent as determined in Section 3.2 for the applicable Extended Term. Until written notice of some other designation is given, fixed rent Annual Fixed Rent and all other charges for which provision is herein made shall be paid by remittance to or for to the order of Landlord BOSTON PROPERTIES LIMITED PARTNERSHIP, Agents at P.O. Box 3557, Boston, Massachusetts 02241-3557, and all remittances received by BOSTON PROPERTIES LIMITED PARTNERSHIP, as follows: c/o Samuels & AssociatesAgents as aforesaid, 000 Xxxxxxx Xxxxxxor by any subsequently designated recipient, Xxxxxx, Xxxxxxxxxxxxx 00000shall be treated as a payment to Landlord. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if the Rent Commencement Date in respect of the New 21st Floor Premises shall be other than the first day of a calendar month, the first payment of Annual Fixed Rent which Tenant shall make to Landlord with respect to the New 21st Floor Premises shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent for the partial month from the Rent Commencement Date in respect of the New 21st Floor Premises to the first day of the succeeding calendar month. Additional Rent payable by Tenant on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and the first payment on account thereof shall be determined in similar fashion and shall commence on the applicable Commencement Date and other provisions of this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant. Notwithstanding that the payment of The Annual Fixed Rent, Operating Expenses Allocable to the Premises and the Tax Excess payable by Tenant to Landlord shall not commence until the Rent Commencement Date, Tenant shall be subject to, and shall comply with, all other provisions of this Lease as and at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the Annual Fixed Rent, Additional Rent and all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord without setoff, deduction or abatement, except as otherwise expressly hereinafter set forth.

Fixed Rent. Tenant agrees to pay to LandlordEscalation Rent. (a) Commencing thirty (30) days following the Sublease Commencement Date, commencing if the Sublease Commencement Date shall occur on or before December 26, 1996, or forty-five (45) days following the Sublease Commencement Date if the Sublease Commencement Date shall occur after December 26, 1996, (the "Sublease Rent Commencement Date"), and thereafter monthly, Sublessee shall pay Sublessor for the Demised Premises fixed rent in advance, the amount of $250,780 per annum in equal monthly installments due on the first day of each and every calendar month during the Original Lease TermTerm (the "Sublease Fixed Rent") . Provided that Sublessee is not in default under this Sublease, a sum equal to one-twelfth (1112th) of the Annual Sublease Fixed Rent specified in Section 1.2 hereof and on the first day of each and every calendar month during the Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent as determined in Section 3.2 payable for the Extended Term. Until written notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance period from the Sublease Commencement Date to or for the order of Landlord as follows: c/o Samuels & Associates, 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if the Sublease Rent Commencement Date shall be abated. Nothing in this paragraph shall affect the amounts payable by Sublessee pursuant to Article 6 of this Sublease. All installments of the Sublease Fixed Rent (and any additional rent payable by Sublessee to Sublessor hereunder) shall be paid by check, drawn on a member bank of the New York Clearinghouse Association, to the order of Sublessor and shall be delivered or mailed to Sublessor at its address first above set forth, or at such other address as Sublessor may from time to time in writing designate. If the date on which Sublessee's obligation to pay the Sublease Fixed Rent or additional rent shall commence on a date other than the first day of a calendar month, month or shall end on a date other than the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent for the partial month from the Rent Commencement Date to the first last day of the succeeding calendar month. Additional Rent payable by Tenant on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and the first payment on account thereof shall be determined in similar fashion and shall commence on the Commencement Date and other provisions of this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant. Notwithstanding that the payment of Annual Fixed Rent, Operating Expenses Allocable to the Premises and the Tax Excess payable by Tenant to Landlord shall not commence until the Rent Commencement Date, Tenant shall be subject to, and shall comply with, all other provisions of this Lease as and at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the Annual Fixed Rent, Additional Rent and all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord without setoff, deduction or abatement.calendar

Fixed Rent. Fixed rent (the “Fixed Rent”) is payable by Tenant agrees to pay to Landlord, commencing beginning on the Commencement Date in monthly installations each equal to (See Rent Commencement DateSchedule - Rider#l), representing one- twelfth (1/12) of the annual Fixed Rent (the “Annual Fixed Rent”) equal to (See Rent Schedule - Rider#l), without prior notice or demand, and thereafter monthlywithout any setoff or deduction whatsoever, in advance, on the first day of each and every calendar month during the Original Lease Term, a sum equal to one-twelfth (1112th) of the Annual Fixed Rent specified in Section 1.2 hereof and on the first day of each and every calendar month during the Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent at such place as determined in Section 3.2 for the Extended Term. Until written notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Landlord as follows: c/o Samuels & Associates, 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000may direct. Annual Fixed Rent for any partial month shall include the Operating Expense Allowance as set forth in Section I(1) of Exhibit “C” hereto. Annual Fixed Rent shall be paid by Tenant subject to Landlord at such rate on a pro rata basis, andadjustment as provided in Section II of Exhibit “C” hereto. In addition, if the Rent Commencement Date shall be Lease Term commences on a day other than the first day of a calendar month, the first payment of Annual Fixed Rent which Tenant shall make pay to Landlord shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent for the partial month from the Rent Commencement Date to the first day of the succeeding calendar month. Additional Rent payable by Tenant Landlord, on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and the first payment on account thereof shall be determined in similar fashion and shall commence on or before the Commencement Date of the Lease Term, a pro rata portion of the monthly installment of rent (Including Fixed Rent and any Additional Rent as herein provided), such pro rata portion to be based on the actual number of calendar days remaining in such partial month after the Commencement Date of the Lease Term. If the Lease Term shall expire on other provisions than the last day of this Lease calling for a calendar month, such monthly payments installment of Fixed Rent and Additional Rent shall be read as incorporating this undertaking by Tenantprorated for each calendar day of such partial month. Notwithstanding that the payment If any portion of Annual Fixed Rent, Operating Expenses Allocable to the Premises and the Tax Excess Additional Rent, or any other sum payable by Tenant to Landlord hereunder shall not commence until be due and unpaid for more than five (5) days, the Rent Commencement Date, Tenant balance due shall be subject toto and include a 10 percent penalty. In addition, and shall comply with, all other provisions if any portion of this Lease as and at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the Annual Fixed Rent, Additional Rent and all or any other charges for which provision is made in this Lease sum payable to Landlord hereunder shall be paid due and unpaid for more than five (5) days after written notice of non-payment by Landlord to Tenant (which written notice shall not be required more than two times in any period of twelve (12) consecutive months), it shall thereafter bear interest at a rate equal to three percent (3%) per annum greater than the highest prime rate of interest announced from time to time by NationsBank (or its successor) (the “Default Rate”), as the same may change from time to time, from the due date until the date of payment thereof by Tenant, provided, however, that nothing herein contained shall be construed or implemented in such a manner as to allow Landlord without setoff, deduction to charge or abatementreceive interest in excess of the maximum legal rate then allowed by law.

Fixed Rent. Tenant agrees to Sublessee shall pay to LandlordSublessor, at the Payment of Rent Address, during the Term, Fixed Rent in equal monthly installments, commencing on the Rent Commencement Date, Date and thereafter monthly, in advance, on the first day of each and every calendar month during the Original Lease Term, a sum equal to one-twelfth (1112th) of the Annual Fixed Rent specified in Section 1.2 hereof and on the first day of each and every calendar month during the Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent as determined in Section 3.2 for the Extended Term. Until written notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Landlord as follows: c/o Samuels & Associates, 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000. Annual The Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate of the term of this Sublease which does not begin or end on a pro rata basis, and, if the Rent Commencement Date shall be other than the first or last day of a calendar month, month shall be prorated on a daily basis in accordance with the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent due for the partial month from the Rent Commencement Date to the first day of the succeeding calendar month. Additional Rent payable by Tenant on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and the first payment on account thereof shall be determined in similar fashion and shall commence on the Commencement Date and other provisions of this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant. Notwithstanding that the payment of Annual Fixed Rent, Operating Expenses Allocable to the Premises and the Tax Excess payable by Tenant to Landlord shall not commence until the Rent Commencement Date, Tenant shall be subject to, and shall comply with, all other provisions of this Lease as and at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the Annual All Fixed Rent, Additional Rent and all other sums and charges for which provision is made in due to Sublessor under this Lease Sublease shall be paid by Tenant Sublessee at the Payment of Rent Address set forth above, or at such other place as Sublessor may designate, without any notice, setoff or deduction whatsoever. Sublessee's obligation to make such payments shall survive the Expiration Date or sooner termination of this Sublease. All other costs and expenses which Sublessee assumes or agrees to pay pursuant to this Sublease shall be deemed Additional Rent and, in the event of non-payment, Sublessor shall have all the rights and remedies provided for in case of non-payment of Fixed Rent (or its equivalent term) in the Underlying Lease. If Sublessee shall fail to duly and timely pay any installment of Fixed Rent or Additional Rent, Sublessee shall also pay to Sublessor a late charge(s) and interest charges due and payable from Sublessor to Underlying Landlord without setoffpursuant to Section 2.3 of the Underlying Lease, deduction such late charge to be payable as Additional Rent hereunder. The payment of such late charge shall be in addition to all other rights and remedies available to Sublessor in the case of non-payment of Fixed Rent. In the event Sublessor incurs any costs or abatementexpenses which are directly attributable to services or utilities furnished to the Sublet Premises or repairs made in the Sublet Premises, such costs and expenses shall be deemed Additional Rent under this Sublease, and Sublessee shall pay Sublessor or the applicable provider, as the case may be, the full amount of such costs and expenses within five (5) days after receipt of the applicable invoices.

Fixed Rent. Fixed rent (the "Fixed Rent") is payable by Tenant agrees to pay to Landlord, commencing beginning on the Commencement Date in monthly installments equal to one-twelfth (1/12th) of the total annual Fixed Rent Commencement Date(the "Annual Fixed Rent") payable for the applicable Lease Year as set forth in Exhibit "B" attached hereto, without prior notice or demand, and thereafter monthlywithout any setoff or deduction whatsoever, in advance, on the first day of each and every calendar month during at such place as Landlord may direct, except that the Original Lease Term, a sum equal to one-twelfth (1112th) Fixed Rent for the first full month of the Lease Term will be paid on the date of execution of this Lease. The Annual Fixed Rent specified in Section 1.2 hereof and on the first day of each and every calendar month during the Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent as determined in Section 3.2 for the Extended Termset forth herein is an annualized amount. Until written notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Landlord as follows: c/o Samuels & Associates, 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, andIn addition, if the Rent Commencement Date shall be Lease Term commences on a day other than the first day of a calendar month, the first payment of Annual Fixed Rent which Tenant shall make pay to Landlord shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent for the partial month from the Rent Commencement Date to the first day of the succeeding calendar month. Additional Rent payable by Tenant Landlord, on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and the first payment on account thereof shall be determined in similar fashion and shall commence on or before the Commencement Date of the Lease Term, a pro rata portion of the monthly installment of rent (including Fixed Rent and any Additional Rent, as hereinafter defined), such pro rata portion to be based on the actual number of calendar days remaining in such partial month after the Commencement Date of the Lease Term. If the Lease Term shall expire on other provisions than the last day of this Lease calling for a calendar month, such monthly payments installment of Fixed Rent and Additional Rent shall be read as incorporating this undertaking by Tenantprorated for each calendar day of such partial month. Notwithstanding that Upon the payment second occurrence and those thereafter within any six-month period during the Lease Term, if any portion of Annual Fixed Rent, Operating Expenses Allocable to the Premises and the Tax Excess payable by Tenant to Landlord shall not commence until the Rent Commencement Date, Tenant shall be subject to, and shall comply with, all other provisions of this Lease as and at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the Annual Fixed Rent, Additional Rent or any other sum payable to Landlord hereunder shall be due and unpaid for more than ten (10) days, Tenant shall pay to Landlord, without notice or demand, a late charge equal to 5% of such overdue amount to partially compensate Landlord for its administrative costs. Tenant acknowledges that such late fee is a reasonable approximation of such costs and does not constitute a penalty. In addition, all other charges for which provision is made amounts overdue and unpaid in excess of ten (10) days after notice by Landlord that such amounts are overdue and unpaid shall bear interest at a rate equal to two percent (2%) per annum greater than the prime rate of interest as published in the Wall Street Journal, eastern edition, from time to time (the "Default Rate"), as the same may change from time to time, from the due date until the date of payment thereof by Tenant, provided, however, that nothing contained herein or elsewhere in this Lease shall be paid construed or implemented in such a manner as to allow Landlord to charge or receive interest in excess of the maximum legal rate then allowed by law. Landlord and Tenant understand and agree that memos written on rental checks or any other payment forms delivered to Landlord without setoffdo not and shall not, deduction throughout the Lease Term hereunder, constitute satisfaction of any current or abatementoutstanding debt of Tenant pursuant to this Lease, and, provided further that any such memo shall not preclude Landlord from recovering any balance of any sum or sums due under this Lease. In addition, a letter or similar type statement accompanying any rental check or payment form delivered to Landlord pursuant to this Lease also shall have no force or effect under this Lease as such may relate to the satisfaction of any debt of Tenant hereunder.

Fixed Rent. Tenant agrees Sub-Sublandlord’s failure during the Sub-Sublease Term to prepare and deliver any statements or bills required to be delivered to Sub-Subtenant hereunder, or Sub- Sublandlord’s failure to make a demand under this Sub-Sublease shall not in any way be deemed to be a waiver of, or cause Sub-Sublandlord to forfeit or surrender its rights to collect any Rental which may have become due pursuant to this Sub-Sublease during the Sub-Sublease Term, unless, with respect to Additional Rent only, such failure continues for more than two (2) years after the later of (i) the Sub-Sublease Expiration Date, (ii) the date such payment was due by Sub- Sublandlord under the Sublease, if applicable, and (iii) the date upon which the invoice or statement in question was delivered to Sub-Sublandlord from the applicable Overlandlord. D. If any statement of Additional Rent due with respect to the Sublease Premises is furnished by Sublandlord to Sub-Sublandlord which shows that there has been an overpayment by Sub-Subtenant of any Additional Rent payable with respect to the Sublease Premises or if Sublandlord shall notify Sub-Sublandlord that Sub-Sublandlord is entitled to a credit against subsequent rent due to a refund of Taxes, Expenses or any other element of Additional Rent payable with respect to the Sublease Premises and as to which Sub-Subtenant paid to Sub- Sublandlord, and if Sublandlord shall actually give Sub-Sublandlord credit therefor under the Sublease as to which Sub-Subtenant paid Additional Rent hereunder, Sub-Sublandlord shall permit Sub-Subtenant on prior notice from Sub-Subtenant to credit the amount of such overpayment or Sub-Subtenant’s portion of such refund, as the case may be, against the next subsequent installment or installments of Additional Rent due under this Sub-Sublease. After the termination of this Sub-Sublease and the payment to Sub-Sublandlord of the balance, if any, of all Rental due hereunder and the surrender of the Sublease Premises to Sub-Sublandlord in the condition required hereunder, Sub-Sublandlord shall promptly pay to LandlordSub-Subtenant the amount of any such refund or credit not previously applied by Sub-Subtenant. E. Notwithstanding anything herein to the contrary, commencing on Sub-Subtenant shall pay one month’s Fixed Rent upon the execution of this Sub-Sublease (“Advance Rent”). If the Sub- Sublease Rent Commencement Date, and thereafter monthly, in advance, Date is on the first day of each and every calendar month during a month, the Original Lease Term, a sum equal to one-twelfth (1112th) of Advance Rent shall be credited towards the Annual first month’s Fixed Rent specified in Section 1.2 hereof and on payment. If the first day of each and every calendar month during the Extended Term (if exercised), a sum equal to oneSub-twelfth of the Annual Fixed Rent as determined in Section 3.2 for the Extended Term. Until written notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Landlord as follows: c/o Samuels & Associates, 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if the Sublease Rent Commencement Date shall be other than is not the first day of a calendar month, the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent for the partial month from the Rent Commencement Date then on or prior to the first day of the succeeding calendar month. Additional Sub-Sublease Rent payable by Tenant on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and the first payment on account thereof shall be determined in similar fashion and shall commence on the Commencement Date and other provisions of this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant. Notwithstanding that the payment of Annual Fixed Rent, Operating Expenses Allocable to the Premises and the Tax Excess payable by Tenant to Landlord shall not commence until the Rent Commencement Date, Tenant shall be subject to, and shall comply with, all other provisions of this Lease as and at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the Annual Fixed Rent, Additional Rent and all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord without setoff, deduction or abatement.Commencement

Fixed Rent. Tenant agrees to A. Sublessee shall pay to LandlordSublessor, during the term of this Sublease, the annual rental (“fixed rent”), which shall be inclusive of Sublessee’s electric charges, of: commencing on the Rent Commencement Date and continuing through and including the Expiration Date, and thereafter monthly, at the rate of Five Hundred Five Thousand Seven Hundred Sixty One Dollars ($505,761.00) per annum payable in advance, equal monthly installments of $42,146.75. Each monthly installment of fixed rent shall be paid on the first day of each and every calendar month during the Original Lease Termterm, a sum equal to one-twelfth (1112th) except the first full monthly installment of fixed rent shall be paid upon execution of this Sublease. The fixed rent for any month of the Annual Fixed Rent specified in Section 1.2 hereof and term of this Sublease which does not begin or end on the first or last day of each and every a calendar month during the Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent as determined in Section 3.2 for the Extended Term. Until written notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Landlord as follows: c/o Samuels & Associates, 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000. Annual Fixed Rent for any partial month shall be prorated on a daily basis in accordance with the fixed rent due for the calendar month. Since the installment for the first full month’s fixed rent is being paid by Tenant to Landlord at such rate Sublessee upon the execution of this Sublease regardless of whether the term shall have commenced on a pro rata basis, and, if the Rent Commencement Date shall be other than the first day of a calendar month, any adjustment to which Sublessee is entitled on account of the first payment of Annual Fixed Rent which Tenant shall make to Landlord immediately preceding sentence shall be a payment equal made to a proportionate part the monthly installment of such monthly Annual Fixed Rent for the partial month from the Rent Commencement Date to fixed rent due on the first day of the succeeding calendar month. Additional Rent payable by Tenant on a monthly basis, as elsewhere provided month next following the month in this Lease, likewise shall be prorated, and the first payment on account thereof shall be determined in similar fashion and shall commence on which the Commencement Date occurs. All fixed rent, additional rent and other provisions of sums and charges due to Sublessor under this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant. Notwithstanding that the payment of Annual Fixed Rent, Operating Expenses Allocable to the Premises and the Tax Excess payable by Tenant to Landlord shall not commence until the Rent Commencement Date, Tenant shall be subject to, and shall comply with, all other provisions of this Lease as and at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the Annual Fixed Rent, Additional Rent and all other charges for which provision is made in this Lease Sublease shall be paid by Tenant Sublessee at the office of Sublessor set forth above, or at such other place as Sublessor may designate, without any notice, setoff or deduction whatsoever. Sublessee’s obligation to Landlord without setoff, deduction make such payments shall survive the Expiration Date or abatementsooner termination of this Sublease.

Fixed Rent. Tenant agrees to pay to Landlord, commencing on the Prepaid Fixed Rent Commencement Date, and thereafter monthly, in advance, on the first day of each and every calendar month during the Original Lease Term, a sum equal to one-twelfth (1112th) will be prorated as of the Annual Fixed Rent specified in Section 1.2 hereof and on the first day of each and every calendar month during the Extended Term (if exercised), a sum equal Proration Date with Seller being entitled to one-twelfth of the Annual Fixed Rent as determined in Section 3.2 for the Extended Term. Until written notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Landlord as follows: c/o Samuels & Associates, 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if the Rent Commencement Date shall be other than the first day of a calendar month, the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent for the partial month from Proration Date and Purchaser being entitled to Fixed Rent thereafter. All other Fixed Rent which is delinquent on the Rent Commencement Proration Date to the first day of the succeeding calendar month. Additional Rent payable by Tenant on a monthly basis, as elsewhere provided in this Lease, likewise shall will not be prorated, and the first payment on account thereof shall be determined in similar fashion and shall commence . All such arrearages of Fixed Rent unpaid on the Commencement Proration Date will remain the sole and other provisions exclusive property of this Lease calling for monthly payments Seller after Closing, provided, however, if, after Closing, Seller shall be read as incorporating this undertaking by Tenant. Notwithstanding that the payment of Annual receive any such delinquent Fixed Rent, Operating Expenses Allocable Seller will remit to Purchaser that portion of such delinquent Fixed Rent that is attributable to the Premises period after the Proration Date, if any. Seller shall retain all right, title, power and authority to enforce payment thereof after Closing, except that Seller will not have the Tax Excess payable by Tenant right to Landlord terminate the Lease of a delinquent tenant after Closing due to such delinquency. Seller is currently in litigation in the Circuit Court of Cxxx County wherein Seller or the managing agent of Seller is Plaintiff and Bxxxxxxx'x Corporation, a corporation, is the Defendant. Bruegger's formerly occupied Space B-11 at the Property, has vacated the Property and possession of said Property is now in Plaintiff. Seller will transfer possession of Space B-11 to Purchaser along with all of the remaining Space in the Property at Closing in accordance with the terms of this Agreement and shall retain all rights to the aforedescribed litigation. Copies of all relevant pleadings shall be forwarded to Purchaser and Seller's indemnities provided for hereinafter shall relate to this litigation. If, after Closing, Purchaser or its designee shall receive any delinquent Fixed Rents (this provision shall not commence until relate to percentage rents) Purchaser may first apply such payments to rent delinquencies which relate to any period after the Rent Commencement Proration Date, Tenant shall be subject toand Purchaser agrees, on its behalf and shall comply withon behalf of its designee, all other provisions of this Lease as and at to immediately remit the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the Annual Fixed Rent, Additional Rent and all other charges for which provision is made in this Lease shall be paid by Tenant balance to Landlord without setoff, deduction or abatementSeller.

Fixed Rent. Tenant agrees Subject to pay to Landlordthis Section 6.8.3, commencing on the Rent Commencement Date, and thereafter monthly, in advance, on the first day of each and every calendar month during the Original Lease Term, a sum equal to one-twelfth (1112th) of the Annual Fixed Rent specified in Section 1.2 hereof and on the first day of each and every calendar month during the Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent as determined in Section 3.2 for the Extended Term. Until written notice of some other designation is given, all fixed rent and all regularly scheduled items of additional rent under the Third Party Leases, and other tenant charges for which provision is herein made if, as and when received shall be paid prorated as of the Cut-off Time. Seller shall provide a credit in an amount equal to all prepaid rentals for periods after the Closing Date and all refundable cash security deposits (to the extent the foregoing were made by remittance tenants under the Third Party Leases and are not applied or forfeited prior to the Closing Date) to Buyer on the Closing Date. For a period of six (6) months following the Closing, provided that Seller delivers to Buyer all books, records and other documents related to such delinquencies, Buyer shall include such delinquencies in its normal billing and shall use commercially reasonable efforts to pursue the collection thereof in good faith after the Closing Date (but Buyer shall not be required to litigate or for declare a default under any of the order Third Party Leases). Seller shall deliver to Buyer at Closing any tenant security deposits which are held in the form of Landlord letters of credit. Rents and other tenant charges which are delinquent as follows: c/o Samuels & Associates, 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if of the Rent Commencement Closing Date shall not be other than the first day of a calendar month, the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent for the partial month from the Rent Commencement Date to the first day of the succeeding calendar month. Additional Rent payable by Tenant on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and the first payment on account thereof shall be determined in similar fashion and shall commence prorated on the Commencement Date and Closing Date. To the extent Buyer receives rents or other provisions of this Lease calling for monthly tenant charges on or after the Closing Date, such payments shall be read as incorporating this undertaking by Tenant. Notwithstanding that the payment applied (i) first, to Buyer’s actual out-of-pocket third-party costs of Annual Fixed Rent, Operating Expenses Allocable collection incurred with respect to such tenant to the Premises extent any such rent was delinquent and was collected outside the Tax Excess payable ordinary course; (ii) second, to rents due from such tenant for the month in which such payment is received by Tenant Buyer, including, as applicable, the month of Closing; (iii) third, to Landlord rents attributable to any period after the Closing which are due or past due on the date of receipt in inverse order of maturity (such that amounts shall be applied first against rents which have been outstanding for the shortest period of time); and (iv) finally, to rents and other charges delinquent as of the Closing (and Buyer promptly shall remit such amounts to Seller). Xxxxx agrees that it shall use commercially reasonable efforts to collect any such delinquent rents for a period of twelve (12) months following the Closing Date; provided, however, that Buyer shall have no obligation to institute legal proceedings, including an action for unlawful detainer, against a tenant owing delinquent rents. Buyer may not commence until waive any delinquent rents or other tenant charges nor modify any of the Rent Commencement leases as to reduce or otherwise affect amounts owed thereunder for any period in which Seller is entitled to receive a share of charges or amounts without first obtaining Seller’s written consent, which consent may be given or withheld in Seller’s sole and absolute discretion. Seller shall have no right to take any action against any tenant (other than Buyer) to collect any past due rents from and after the Closing, and Seller hereby waives any rights it may have to take any action against any tenant to collect such past due rents from and after the Closing Date; provided, however, with respect to delinquent rents and any other amounts or other rights of any kind respecting tenants who are no longer tenants of the Real Property on the Closing Date, Tenant Seller shall be subject toretain all rights relating thereto. Xxxxxx agrees to promptly deliver to Buyer any rents received by Seller for the period from and after the Closing Date, and shall comply with, all other provisions of this Lease as and at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the Annual Fixed Rent, Additional Rent and all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord without setoff, deduction or abatementoffset.

Fixed Rent. Fixed rent (the "Fixed Rent") is payable by Tenant agrees to pay to Landlord, commencing beginning on the Commencement Date in monthly installments, each representing one-twelfth (1/12) of the annual Fixed Rent Commencement Date(the "Annual Fixed Rent") in accordance with the following schedule: monthly installment of total Annual Annual period of Annual Fixed Rent Fixed Rent per Lease Term Fixed Rent due due rentable square foot Fixed Rent shall increase cents ($ ) per rentable square foot each year thereafter. Fixed Rent is payable without prior notice or demand, and thereafter monthlywithout any setoff or deduction whatsoever, in advance, on the first day of each and every calendar month during at such place as Landlord may direct, except that the Original Lease Term, a sum equal to one-twelfth (1112th) Fixed Rent for the first full month of the Lease Term will be paid on the date of execution of this Lease. The Annual Fixed Rent specified in Section 1.2 hereof and on the first day of each and every calendar month during the Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent as determined in Section 3.2 for the Extended Termset forth herein is an annualized amount. Until written notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Landlord as follows: c/o Samuels & Associates, 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, andIn addition, if the Rent Commencement Date shall be Lease Term commences on a day other than the first day of a calendar month, the first payment of Annual Fixed Rent which Tenant shall make pay to Landlord shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent for the partial month from the Rent Commencement Date to the first day of the succeeding calendar month. Additional Rent payable by Tenant Landlord, on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and the first payment on account thereof shall be determined in similar fashion and shall commence on or before the Commencement Date of the Lease Term, a pro rata portion of the monthly installment of rent (including Fixed Rent and other provisions any Additional Rent as hereinafter defined), such pro rata portion to be based on the actual number of this days in that portion of the calendar month from and after the Commencement Date of the Lease calling for monthly payments shall be read as incorporating this undertaking by TenantTerm. Notwithstanding that the payment If any portion of Annual Fixed Rent, Operating Expenses Allocable to the Premises and the Tax Excess payable by Tenant to Landlord shall not commence until the Rent Commencement Date, Tenant shall be subject to, and shall comply with, all other provisions of this Lease as and at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the Annual Fixed Rent, Additional Rent or any other sum payable to Landlord hereunder shall be due and all other charges unpaid for which provision is made more than ten (10) days, it shall bear interest at a rate equal to three percent (3%) per annum greater than the highest prime rate of interest as published in the Wall Street Journal, eastern edition from time to time (the "Default Rate"), as the same may change from time to time, from the due date until the date of payment thereof by Tenant, provided, however, that nothing contained herein or elsewhere in this Lease shall be paid construed or implemented in such a manner as to allow Landlord to charge or receive interest in excess of the maximum legal rate then allowed by law. Landlord and Tenant understand and agree that memos written on rental checks or any other payment forms delivered to Landlord without setoffdo not and shall not constitute satisfaction of any current or outstanding debt of Tenant pursuant to this Lease, deduction and, provided further that any such memo shall not preclude Landlord from recovering any balance of any sum or abatementsums due under this Lease. In addition, a letter or similar type statement accompanying any rental check or payment form delivered to Landlord pursuant to this Lease also shall have no force or effect under this Lease as such may relate to the satisfaction of any debt of Tenant hereunder.

Fixed Rent. Tenant agrees Subject to pay to Landlordthis Section 6.8.3, commencing on the Rent Commencement Date, and thereafter monthly, in advance, on the first day of each and every calendar month during the Original Lease Term, a sum equal to one-twelfth (1112th) of the Annual Fixed Rent specified in Section 1.2 hereof and on the first day of each and every calendar month during the Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent as determined in Section 3.2 for the Extended Term. Until written notice of some other designation is given, all fixed rent and all regularly scheduled items of additional rent under the Third Party Leases, and other tenant charges for which provision is herein made if, as and when received shall be paid prorated as of the Cut-off Time. Seller shall provide a credit in an amount equal to all prepaid rentals for periods after the Closing Date and all refundable cash security deposits (to the extent the foregoing were made by remittance tenants under the Third Party Leases and are not applied or forfeited prior to the Closing Date) to Buyer on the Closing Date. For a period of six (6) months following the Closing, provided that Seller delivers to Buyer all books, records and other documents related to such delinquencies, Buyer shall include such delinquencies in its normal billing and shall use commercially reasonable efforts to pursue the collection thereof in good faith after the Closing Date (but Buyer shall not be required to litigate or for declare a default under any of the order Third Party Leases). Seller shall deliver to Buyer at Closing any tenant security deposits which are held in the form of Landlord letters of credit. Rents and other tenant charges which are delinquent as follows: c/o Samuels & Associates, 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if of the Rent Commencement Closing Date shall not be other than the first day of a calendar month, the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent for the partial month from the Rent Commencement Date to the first day of the succeeding calendar month. Additional Rent payable by Tenant on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and the first payment on account thereof shall be determined in similar fashion and shall commence prorated on the Commencement Date and Closing Date. To the extent Buyer receives rents or other provisions of this Lease calling for monthly tenant charges on or after the Closing Date, such payments shall be read as incorporating this undertaking by Tenant. Notwithstanding that the payment applied (i) first, to Buyer’s actual out-of-pocket third-party costs of Annual Fixed Rent, Operating Expenses Allocable collection incurred with respect to such Tenant to the Premises extent any such rent was delinquent and was collected outside the Tax Excess payable ordinary course; (ii) second, to rents due from such Tenant for the month in which such payment is received by Tenant Buyer, including, as applicable, the month of Closing; (iii) third, to Landlord rents attributable to any period after the Closing which are due or past due on the date of receipt in inverse order of maturity (such that amounts shall be applied first against rents which have been outstanding for the shortest period of time); and (iv) finally, to rents and other charges delinquent as of the Closing (and Buyer promptly shall remit such amounts to Seller). Xxxxx agrees that it shall use commercially reasonable efforts to collect any such delinquent rents for a period of twelve (12) months following the Closing Date; provided, however, that Buyer shall have no obligation to institute legal proceedings, including an action for unlawful detainer, against a tenant owing delinquent rents. Buyer may not commence until waive any delinquent rents or other tenant charges nor modify any of the Rent Commencement leases as to reduce or otherwise affect amounts owed thereunder for any period in which Seller is entitled to receive a share of charges or amounts without first obtaining Seller’s written consent, which consent may be given or withheld in Seller’s sole and absolute discretion. Seller shall have no right to take any action against any tenant (other than Buyer) to collect any past due rents from and after the Closing, and Seller hereby waives any rights it may have to take any action against any tenant to collect such past due rents from and after the Closing Date; provided, however, with respect to delinquent rents and any other amounts or other rights of any kind respecting tenants who are no longer tenants of the Real Property on the Closing Date, Tenant Seller shall be subject toretain all rights relating thereto. Xxxxxx agrees to promptly deliver to Buyer any rents received by Seller for the period from and after the Closing Date, and shall comply with, all other provisions of this Lease as and at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the Annual Fixed Rent, Additional Rent and all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord without setoff, deduction or abatementoffset.

Fixed Rent. Tenant agrees Sublessee shall pay rent (“Fixed Rent”) at the times and in the amounts set forth in Exhibit C. Notwithstanding anything to pay to Landlordthe contrary contained herein, commencing on in consideration of Sublessee entering into this Sublease and so long as there is no Default under this Sublease, monthly Fixed Rent shall axxxx for the first six (6) full calendar months of the Sublease Term (the “Rent Abatement Period”). The total amount of monthly Fixed Rent during the Rent Commencement DateAbatement Period shall be referred to herein as the “Abated Rent.” During the Rent Abatement Period all other costs and charges specified in this Sublease other than the Abated Rent shall remain as due and payable pursuant to the provisions of this Sublease. If a Default by Sublessee shall occur while the foregoing Rent Abatement Period is still in effect, such abatement shall be IF "Error! No document variable supplied." = "1" "Error! Unknown document property name." "" suspended during any period in which Sublessee is in default under this Sublease beyond any applicable notice and cure periods and shall resume when such default has been cured, if Sublessor elects to accept such cure, and thereafter monthly, remain in advance, on effect until Sublessee has received the first day full 6 months of each and every calendar month abated Fixed Rent. If a Default by Sublessee shall occur at any time during the Original Lease Term, Sublease Term which results in a sum equal termination of this Sublease or Sublessee’s right to one-twelfth (1112th) possession of the Annual Fixed Rent specified in Section 1.2 hereof and on Subleased Premises hereunder, the first day of each and every calendar month during the Extended Term (if exercised), a sum equal to one-twelfth portion of the Annual Fixed Abated Rent unamortized as determined of the date such Default occurs (with the Abated Rent being deemed to have been amortized in Section 3.2 for equal monthly installments together with interest thereon at the Extended Term. Until written notice rate of some other designation is given, fixed rent eight percent (8%) per annum over the number of full calendar months in the Sublease Term following such abatement period) shall become due and all other charges for which provision is herein made shall be paid payable by remittance Sublessee to or for the order of Landlord as follows: c/o Samuels & Associates, 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if the Rent Commencement Date shall be other than the first day of a calendar month, the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be a payment equal to a proportionate part Sublessor within thirty (30) days of such monthly Annual Fixed Rent for the partial month from the Rent Commencement Date to the first day of the succeeding calendar month. Additional Rent payable by Tenant on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and the first payment on account thereof shall be determined in similar fashion and shall commence on the Commencement Date and other provisions of this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant. Notwithstanding that the payment of Annual Fixed Rent, Operating Expenses Allocable to the Premises and the Tax Excess payable by Tenant to Landlord shall not commence until the Rent Commencement Date, Tenant shall be subject to, and shall comply with, all other provisions of this Lease as and at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the Annual Fixed Rent, Additional Rent and all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord without setoff, deduction or abatementtermination.

Fixed Rent. Tenant agrees to pay to Landlord, commencing on Landlord the Fixed Rent Commencement Date, and thereafter monthly, (as set forth in advance, PARAGRAPH F OF THE SUMMARY OF LEASE TERMS) in equal monthly installments in advance on the first day of each and every calendar month during the Original Lease Term, a sum equal to one-twelfth (1112th) of the Annual Fixed Rent term of this Lease without deduction, offset, prior notice or demand, in lawful money of the United States, at the office of Landlord at Landlord's address for notice as specified in Section 1.2 hereof and on the first day of each and every calendar month during the Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent as determined in Section 3.2 for the Extended Term. Until written notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to PARAGRAPH M OF THE SUMMARY OF LEASE TERMS or for the order of Landlord as follows: c/o Samuels & Associates, 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if other place as designated by Landlord (the Rent "Fixed Rent"). If the Commencement Date shall be other than is not the first day of a calendar month, or if the first payment Expiration Date is not the last day of Annual Fixed Rent which Tenant shall make to Landlord a month, a prorated monthly installment shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent paid at the then current rate for the partial fractional month from during which the Lease commences and/or expires. It is the responsibility of Tenant to ensure that the Rent Commencement Date to arrives at the first day of above-mentioned place on or before the succeeding calendar monthdue date. Additional Rent payable If the due date is a weekend or holiday, then Tenant must arrange for earlier delivery. Payments made by Tenant on a monthly basis, as elsewhere provided in this Lease, likewise shall mail will be prorated, and considered late if they do not arrive at the first payment on account thereof shall be determined in similar fashion and shall commence place designated by Landlord on the Commencement Date and other provisions designated due date. All amounts of this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant. Notwithstanding that the payment of Annual Rent, including, without limitation, Fixed Rent, Operating Expenses Allocable and other sums due under this Lease if not paid when due shall (i) bear interest from the due date until paid at a per annum rate equal to the Premises lesser of (x) the maximum rate allowed by law, or (y) fifteen percent (15%) (the "Default Rate") until fully paid, and (ii) incur a late charge of five percent (5%) of such unpaid amount. Landlord and Tenant agree that the Tax Excess payable amount of such interest and late charge is fair and reasonable compensation for costs and expenses incurred by Landlord due to the failure by Tenant to Landlord shall not commence until the timely make any payment of Rent Commencement Date, Tenant shall be subject to, and shall comply with, all or other provisions of sums due under this Lease as such costs and at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the Annual Fixed Rent, Additional Rent expenses are extremely difficult to estimate and all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord without setoff, deduction or abatementascertain.

Fixed Rent. Tenant agrees to shall pay to Landlord, Fixed Rent for the Premises (the “Fixed Rent”) at the annual rates set forth on Exhibit E annexed hereto. Fixed Rent shall be payable by Tenant in equal monthly installments in advance commencing on the Rent Commencement Date, Date (subject to the last sentence herein) and thereafter monthly, in advance, on the first day of each and every calendar month thereafter during the Original Lease Term, at Landlord’s address set forth above, or at such other address as Landlord may specify by at least thirty (30) days’ written notice to Tenant from time to time; provided however; if the Commencement Date and/or the Rent Commencement Date (as applicable) shall occur on a sum equal to one-twelfth date other than the first (1112th1st) day of any calendar month, then the Annual first monthly installment of Fixed Rent specified in Section 1.2 hereof and that becomes due on the first day Commencement Date and/or the Rent Commencement Date (as applicable), prorated to the end of each and every said calendar month during (based on the Extended Term (if exercisedactual number of days in said calendar month), a sum equal to one-twelfth of the Annual Fixed Rent as determined in Section 3.2 for the Extended Term. Until written notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance payable on the Commencement Date and/or the Rent Commencement Date (as applicable). Notwithstanding anything contained in this Section 2.01 or elsewhere in this Lease to or for the order contrary, Landlord hereby waives payment of Landlord as follows: c/o Samuels & Associates, 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000. Annual Fixed Rent for any partial (i) the entire Premises other than the 4th floor portion of the Premises pursuant to, without limitation, Sections 2.03 and 2.04 hereof for the period from and including the Commencement Date until and including the date which is the same date in the sixteenth (16th) month following the Commencement Date as the date of the Commencement Date (such date, the “Rent Commencement Date”); (ii) the fourth (4th) floor portion of the Premises for the period from and including the Commencement Date until and including the date which is the same date in the eighth (8th) month following the Commencement Date as the date of the Commencement Date (such date, the “4th Floor Rent Commencement Date”) and (iii) the fifth (5th) floor portion of the Premises for the period from the Rent Commencement Date until and including the date which is the same date in the sixteenth (16th) month following the Rent Commencement Date (such date, the “5th Floor Rent Commencement Date”) provided however that should there be three Events of Default (as hereinafter defined) during the first sixteen months of the Term, then from and after the date of the third Event of Default all payments due and payable from and after such third Event of Default shall not be waived by Landlord and shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if the Rent Commencement Date shall be other than the first day of a calendar month, the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent for the partial month from the Rent Commencement Date to the first day of the succeeding calendar month. Additional Rent payable by Tenant on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and the first payment on account thereof shall be determined in similar fashion and shall commence on the Commencement Date and other provisions of this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant. Notwithstanding that the payment of Annual Fixed Rent, Operating Expenses Allocable to the Premises and the Tax Excess payable by Tenant to Landlord shall not commence until the Rent Commencement Date, Tenant shall be subject to, and shall comply with, all other provisions of this Lease as and at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the Annual Fixed Rent, Additional Rent and all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord without setoff, deduction or abatementdates due hereunder.

Fixed Rent. Tenant agrees No Fixed Rent or Additional Rent shall be due or payable hereunder for the period commencing on the Term Commencement Date through and including, the day prior to pay to Landlord, commencing the Rent Commencement Date. For the period beginning on the Rent Commencement Date, Date through and thereafter monthly, in advance, on including the last day of the twelfth (12th) full calendar month immediately following the Rent Commencement Date (this period shall include the partial calendar month between the Rent Commencement Date and the first day of each and every the first full calendar month during immediately following the Original Lease Term, a sum equal to one-twelfth (1112th) of the Annual Fixed Rent specified in Section 1.2 hereof and on the first day of each and every calendar month during the Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent as determined in Section 3.2 for the Extended Term. Until written notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Landlord as follows: c/o Samuels & Associates, 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, Commencement Date if the Rent Commencement Date shall be is other than the first day of a calendar month), the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be based upon a payment rate of $12.25 per square foot contained in the Building per annum (the “Fixed Rental Rate”) and shall equal $673,750.00 per annum payable in equal monthly installments of $56,145.83 (equitably pro-rated for any partial calendar month within this period), assuming the Building contains 55,000 square feet. The Fixed Rental Rate is subject to a proportionate part of such monthly Annual adjustment if Sublessee elects to include Sublessee’s Contribution Costs in the Fixed Rental Rate as provided in Exhibit D. The Fixed Rent for this period is subject to being confirmed and further adjusted in accordance with Section 1.4 hereof if the partial square footage of the Premises is determined to be other than 55,000 square feet as determined by the Measurement. Thereafter, beginning on the first day of the thirteenth (13th) full calendar month immediately following the Rent Commencement Date (the “First Adjustment Date”) and thereafter on each subsequent anniversary of the First Adjustment Date (each such anniversary of the First Adjustment Date being an “Adjustment Date”) falling within the Base Term, the Fixed Rental Rate and, correspondingly, the Fixed Rent, payable under this Lease by Sublessee shall be adjusted by an amount (each, an “Adjustment”) equal to the Fixed Rental Rate payable for and with respect to the immediately preceding twelve (12) calendar month period multiplied by the percentage change in the Consumer Price Index (as hereafter defined) during the immediately preceding 12 calendar month period multiplied by the square feet in the Premises (in the case of the Adjustment to be made on the First Adjustment Date the comparison of the Consumer Price Index shall be between the monthly Consumer Price Index last published immediately prior to the Rent Commencement Date and the monthly Consumer Price Index last published immediately prior to the First Adjustment Date) and this process shall be repeated on each subsequent Adjustment Date using the Fixed Rental Rate payable for the immediately preceding 12 calendar month period and the monthly Consumer Price Index last published immediately prior to commencement of such 12 calendar month period immediately preceding the applicable Adjustment Date and the monthly Consumer Price Index last published immediately prior to such Adjustment Date for which an Adjustment to the Fixed Rent Rate is being made such that beginning with the First Adjustment Date and thereafter on each Adjustment Date falling thereafter during the Base Term, the Fixed Rental Rate shall be subject to adjustment based on the applicable percentage change in the Consumer Price Index over the immediately preceding 12 calendar month period multiplied by the Fixed Rental Rate payable during such 12 calendar month period. As used herein, the term “Consumer Price Index” shall mean the Consumer Price Index (1982-84=100) all items for Urban Wage Earners and Clerical Workers published by the Bureau of Labor and Statistics of the United States Department of Labor for Boston, MA (or if there ceases to be any such publication, Sublessor may employ any other substantially equivalent index reasonably selected by Sublessor and generally recognized governmental index to measure changes in the cost of living for the region currently covered in the Boston, MA index). In the event that on any Adjustment Date on which the Fixed Rental Rate and Fixed Rent are subject to Adjustment as provided above, the Fixed Rental Rate and Fixed Rent for such period shall not yet have been determined in accordance with the foregoing calculations, then beginning on the applicable Adjustment Date and until such adjusted Fixed Rental Rate and Fixed Rent are determined, the monthly payment of Fixed Rent for such period for which an Adjustment is being made but not yet determined, shall be in the monthly amount applicable to the calendar month immediately preceding the applicable Adjustment Date for which such Adjustment is to be made with any shortfall or overpayment to be made or credited on the date which is the next date for the payment of Fixed Rent after the determination of the actual amount of the Fixed Rent as adjusted by the applicable Adjustment for such period is made. All such Fixed Rent set forth above as adjusted hereby from time to time shall be payable beginning on the Rent Commencement Date and thereafter on the first business day of each calendar month during the Base Term at the address from time to time designated by Sublessor for the payment of Fixed Rent and Additional Rent under this Lease. In no event shall the Fixed Rental Rate as adjusted with respect to any 12 calendar month period during the Base Term be less than the Fixed Rental Rate payable for the period from the Rent Commencement Date through, but not including, the First Adjustment Date whether or not there shall be a decrease in the Consumer Price Index. Further notwithstanding the foregoing, in no event shall the amount of any annual Adjustment to the first day Fixed Rental Rate exceed the lesser of (i) the Adjustment based on the applicable percentage change in the Consumer Price Index as set forth above or (ii) 3% of the succeeding calendar month. Additional Rent payable by Tenant on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and Fixed Rental Rate for the first payment on account thereof shall be determined in similar fashion and shall commence on the Commencement Date and other provisions lease year (i.e. $0.3675 assuming a Fixed Rental Rate of this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant$12.25 per square foot). Notwithstanding that the payment [End of Annual Fixed RentReference Data] LEASE BETWEEN 200 INTERNATIONAL LIMITED PARTNERSHIP, Operating Expenses Allocable to the Premises and the Tax Excess payable by Tenant to Landlord shall not commence until the Rent Commencement Datea Delaware limited partnership, Tenant shall be subject toAS SUBLESSOR, and shall comply withAND TISSUELINK MEDICAL , all other provisions of this Lease as and at the times provided in this Lease. Except as expressly otherwise set forth in this LeaseINC., the Annual Fixed Renta Delaware corporation, Additional Rent and all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord without setoffAS SUBLESSEE, deduction or abatement.DATED AS OF February 27, 2008 TABLE OF CONTENTS

Fixed Rent. Fixed rent (the “Fixed Rent”) is payable by Tenant agrees to pay to Landlord, commencing beginning on the Commencement Date in monthly installations each equal to (See Rent Commencement DateSchedule - Rider#l), representing one-twelfth (1/12) of the annual Fixed Rent (the “Annual Fixed Rent”) equal to (See Rent Schedule - Rider#l), without prior notice or demand, and thereafter monthlywithout any setoff or deduction whatsoever, in advance, on the first day of each and every calendar month during the Original Lease Term, a sum equal to one-twelfth (1112th) of the Annual Fixed Rent specified in Section 1.2 hereof and on the first day of each and every calendar month during the Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent at such place as determined in Section 3.2 for the Extended Term. Until written notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Landlord as follows: c/o Samuels & Associates, 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000may direct. Annual Fixed Rent for any partial month shall include the Operating Expense Allowance as set forth in Section I (1) of Exhibit “C” hereto. Annual Fixed Rent shall be paid by Tenant subject to Landlord at such rate on a pro rata basis, andadjustment as provided in Section II of Exhibit “C” hereto. In addition, if the Rent Commencement Date shall be Lease Term commences on a day other than the first day of a calendar month, the first payment of Annual Fixed Rent which Tenant shall make pay to Landlord shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent for the partial month from the Rent Commencement Date to the first day of the succeeding calendar month. Additional Rent payable by Tenant Landlord, on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and the first payment on account thereof shall be determined in similar fashion and shall commence on or before the Commencement Date of the Lease Term, a pro rata portion of the monthly installment of rent (Including Fixed Rent and any Additional Rent as herein provided), such pro rata portion to be based on the actual number of calendar days remaining in such partial month after the Commencement Date of the Lease Term. If the Lease Term shall expire on other provisions than the last day of this Lease calling for a calendar month, such monthly payments installment of Fixed Rent and Additional Rent shall be read as incorporating this undertaking by Tenantprorated for each calendar day of such partial month. Notwithstanding that the payment If any portion of Annual Fixed Rent, Operating Expenses Allocable to the Premises and the Tax Excess Additional Rent, or any other sum payable by Tenant to Landlord hereunder shall not commence until be due and unpaid for more than five (5) days, the Rent Commencement Date, Tenant balance due shall be subject toto and include a 10 percent penalty. In addition, and shall comply with, all other provisions if any portion of this Lease as and at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the Annual Fixed Rent, Additional Rent and all or any other charges for which provision is made in this Lease sum payable to Landlord hereunder shall be paid due and unpaid for more than five (5) days after written notice of non-payment by Landlord to Tenant (which written notice shall not be required more than two times in any period of twelve (12) consecutive months), it shall thereafter bear interest at a rate equal to three percent (3%) per annum greater than the highest prime rate of interest announced from time to time by NationsBank (or its successor) (the “Default Rate”), as the same may change from time to time, from the due date until the date of payment thereof by Tenant, provided, however, that nothing herein contained shall be construed or implemented in such a manner as to allow Landlord without setoff, deduction to charge or abatementreceive interest in excess of the maximum legal rate then allowed by law.

Fixed Rent. Tenant agrees to shall pay to LandlordLandlord as fixed annual rent for each Lease Year for the Premises, commencing without notice, set-off, counterclaim, deduction or demand, the following amounts, subject to adjustment as provided in Section 3.2 hereof: Lease Year Fixed Annual Rent Per Annum Fixed Monthly Rent 1 $ 236,495.00 $ 19,707.92 2 $ 243,589.85 $ 20,299.15 3 $ 250,897.54 $ 20,908.13 4 $ 258,424.46 $ 21,535.37 5 $ 266,177.19 $ 22,181.43 Fixed annual rent shall be payable in equal monthly installments beginning on the Rent Lease Commencement Date, Date and thereafter monthly, in advance, on the first day of each and every calendar month during the Original Lease Term, (each such monthly installment being referred to herein as “fixed monthly rent”). If the Rent Commencement Date (defined below) is a sum equal to one-twelfth (1112th) of the Annual Fixed Rent specified in Section 1.2 hereof and date other than on the first day of each and every calendar month during the Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent as determined in Section 3.2 for the Extended Term. Until written notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Landlord as follows: c/o Samuels & Associates, 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if the Rent Commencement Date shall be other than the first day of a calendar month, the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be a payment equal to a proportionate part of rent from such monthly Annual Fixed Rent for the partial month from the Rent Commencement Date to date until the first day of the succeeding following month shall be prorated at the rate of one-thirtieth (1/30th) of the fixed monthly rent for each day. As used herein, the first “Lease Year” shall mean the period commencing on the Lease Commencement Date and ending on the last day of the month which completes (12) twelve full calendar monthmonths, and each 12-month period, thereafter commencing on the first day after the end of the immediately preceding Lease Year. Additional The date upon which Tenant is required to begin making fixed rent payments under this Lease shall be the “Rent Commencement Date.” Notwithstanding such abatement of fixed rent, (a) all other sums due under this Lease, including, but not limited to, additional rent, shall be payable by Tenant on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and the first payment on account thereof shall be determined (b) any increases in similar fashion and shall commence on the Commencement Date and other provisions of this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant. Notwithstanding that the payment of Annual Fixed Rent, Operating Expenses Allocable to the Premises and the Tax Excess payable by Tenant to Landlord shall not commence until the Rent Commencement Date, Tenant shall be subject to, and shall comply with, all other provisions of this Lease as and at the times provided in this Lease. Except as expressly otherwise fixed rent set forth in this Lease shall occur on the dates scheduled therefor. The abatement of Tenant’s fixed rent is conditioned upon Tenant’s full and timely performance of all of its obligations under this Lease. If at any time during the Lease Term a default by Tenant occurs, then the abatement of fixed rent provided for herein shall immediately become void, and Tenant shall promptly pay to Landlord, in addition to the other amounts due to Landlord under this Lease, the Annual Fixed Rent, Additional Rent and all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord without setoff, deduction or abatementfull amount of fixed rent herein abated.

Fixed Rent. Tenant Xxxxxx agrees to pay to Landlord, Lessor the annual net rental for the Premises from the Rent Commencement Date and thereafter during the Primary Term in amounts equal to the Annual Net Fixed Rent set forth on the Cover Page of this Lease for the related year of the Primary Term (where each such lease year is a full twelve-month period commencing on the first day of the month in which Fixed Rent Commencement Dateis payable hereunder), and thereafter monthlywhich Lessee agrees to pay to Lessor in equal monthly installments, each in advance, on the first day of each and every calendar month during the Original Primary Term of this Lease Termprovided, however, that in the event that the Rent Commencement Date shall occur on a sum date other than the first day of a month, Xxxxxx agrees to pay Fixed Rent in advance on a per diem basis from the Rent Commencement Date to the end of such month in an amount equal to one-twelfth (1112th$1,205.32/day provided, further, however that such obligation to pay Fixed Rent may be offset by any Fixed Rent holiday to which the Lessee is entitled pursuant to Section 1(c) hereof. Subject to Section 3(b) hereof, upon the exercise of the Annual Fixed Rent specified initial or subsequent Renewal Options and determination of the respective Fair Market Rentals for the Premises for the applicable Renewal Term pursuant to Section 23 hereof, Lessee agrees to pay to Lessor 100% of such Fair Market Rental, which shall be on a net basis, for the related Renewal Term in Section 1.2 hereof and equal monthly installments in advance on the first day of each and every calendar month during the Extended such Renewal Term (if exercised), a sum equal to one-twelfth of the Annual this Lease. The first full month of Fixed Rent as determined in Section 3.2 for the Extended Term. Until written notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance Lessee simultaneously with the execution and delivery hereof by Xxxxxx. The foregoing installments of net rent set forth on the Cover Page of this Lease under the header, Fixed Rent, are herein collectively referred to as "Fixed Rent". All rent due or for the order of Landlord as follows: c/o Samuels & Associates, 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000. Annual Fixed Rent for any partial month to become due hereunder shall be paid by Tenant to Landlord Lessor at such rate on a pro rata basisits address first above written, and, if the Rent Commencement Date unless Lessor shall be designate some other than the first day of a calendar month, the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent payee or address for the partial month from the Rent Commencement Date payment thereof by giving written notice to the first day of the succeeding calendar month. Additional Rent payable by Tenant on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and the first payment on account thereof shall be determined in similar fashion and shall commence on the Commencement Date and other provisions of this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant. Notwithstanding that the payment of Annual Fixed Rent, Operating Expenses Allocable effect to the Premises and the Tax Excess payable by Tenant to Landlord shall not commence until the Rent Commencement Date, Tenant shall be subject to, and shall comply with, all other provisions of this Lease as and at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the Annual Fixed Rent, Additional Rent and all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord without setoff, deduction or abatementXxxxxx.

Fixed Rent. Tenant agrees to pay to Landlord, commencing on the Rent Commencement Date, and thereafter monthly, in advance, on the first day of each and every calendar month during the Original Lease Term, a sum equal to one-twelfth (1112th1/12th) of the Annual Fixed Rent specified in Section 1.2 1.1 hereof and on the first day of each and every calendar month during the Extended Term (if exercised), a sum equal to one-twelfth (1/12th) of the Annual Fixed Rent as determined in Section 3.2 for the Extended Term. Until written notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Boston Properties Limited Partnership by one of the 3 following methods, chosen by Tenant in its sole discretion: (i) via the VersaPay ARC, Boston Properties on-line Tenant Portal for which an invite will be sent to Tenant from the VersaPay ARC platform from the email address xxxxxxx@xxxxxxxx.xxx (please contact Landlord as follows: c/o Samuels & Associatesat XXXxxx@xxx.xxx with any inquiries respecting VersaPay), 000 Xxxxxxx Xxxxxx(ii) by ACH transfer to [**] and the Property address or (iii) by mail to X.X. Xxx 0000, Xxxxxx, Xxxxxxxxxxxxx 00000-0000. All remittances received by Boston Properties Limited Partnership, or any other agent or designated recipient of Boston Properties Limited Partnership, shall be treated as payment to Landlord. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if the Rent Commencement Date shall be is a day other than the first day of a calendar month, the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent for the partial month from the Rent Commencement Date to the first day of the succeeding calendar month. Additional Rent payable by Tenant on a monthly basis, as elsewhere provided in this Leasehereinafter provided, likewise shall be prorated, and the first payment on account thereof shall be determined in similar fashion and but shall commence on the Commencement Date and other provisions of this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant; provided, however, that Tenant’s obligation to pay Landlord’s Tax Expenses Allocable to the Premises and Operating Expenses Allocable to the Premises shall not commence until the Rent Commencement Date, as hereinafter provided. Notwithstanding that the payment of Annual Fixed RentRent (as well as Landlord’s Tax Expenses Allocable to the Premises, and Operating Expenses Allocable to the Premises and the Tax Excess Premises) payable by Tenant to Landlord shall not commence until the Rent Commencement Date, Tenant shall be subject to, and shall comply with, all other provisions of this Lease as and at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the The Annual Fixed Rent, Additional Rent and all other charges for which provision is herein made in this Lease shall be paid by Tenant to Landlord without setoffoffset, deduction or abatementabatement except as otherwise specifically set forth in this Lease.

Fixed Rent. Tenant agrees to pay to Landlord, commencing or as directed by Landlord at such place as Landlord shall from time to time designate by notice, on the Rent Commencement Date, and thereafter monthly, in advance, on the first day of each and every calendar month during the Original Lease Term, a sum equal to one-twelfth (1112th1/12th) of the Annual Fixed Rent specified in Section 1.2 hereof and on the first day of each and every calendar month during the Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent as determined in Section 3.2 for the Extended Termhereof. Until written notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Landlord as follows: c/o Samuels & Associates, 000 Xxxxxxx XxxxxxBoston Properties Limited Partnership either (i) by mail to X.X. Xxx 0000, Xxxxxx, Xxxxxxxxxxxxx 00000-0000, (ii) by wire transfer to Bank of America in Dallas, Texas, Bank Routing Number 0000-0000-0 or (iii) by ACH transfer to Bank of America in Dallas, Texas, Bank Routing Number 111 000 012, and in the case of (ii) or (iii) referencing Account Number 3756454460, Account Name of Boston Properties, LP, Tenant’s name and the Property address. All remittances received by BOSTON PROPERTIES LIMITED PARTNERSHP, as Agents as aforesaid, or by any subsequently designated recipient, shall be treated as a payment to Landlord. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if the Rent Commencement Date shall be other than the first day of a calendar month, the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent for the partial month from the Rent Commencement Date to the first day of the succeeding calendar month. Additional Rent payable by Tenant on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and the first payment on account thereof shall be determined in similar fashion and shall commence on the Commencement Date and other provisions of this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant. Notwithstanding that the payment of Annual Fixed Rent, Operating Expenses Allocable to the Premises and the Tax Excess Rent payable by Tenant to Landlord shall not commence until the Rent Commencement Date, Tenant shall be subject to, and shall comply with, all other provisions of this Lease as and at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the The Annual Fixed Rent, Additional Rent and all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord without setoff, deduction or abatement. Notwithstanding anything contained herein or in Section 1.2 to the contrary, it is understood and agreed that in the event Tenant shall default in its obligations under this Lease at any time during the Term of this Lease, Annual Fixed Rent which would have been payable for the period commencing on the Commencement Date and ending on the last day of the Rent Commencement Date absent such free rent shall immediately become due and payable.

Fixed Rent. Fixed rent (the “Fixed Rent”) is payable by Tenant agrees to pay to Landlord, commencing in monthly installments in the amounts set forth in the Rent Schedule attached hereto as Rider No. 1. Fixed Rent is payable by Tenant beginning on the Rent Commencement Dateearlier to occur of September 15, 2002, or the date that Tenant commences its broadcast operation, and thereafter monthlyis payable without prior notice or demand, and without any setoff or deduction whatsoever, in advance, on the first day of each and every calendar month during the Original Lease Term, a sum equal to one-twelfth (1112th) of the Annual Fixed Rent specified in Section 1.2 hereof and on the first day of each and every calendar month during the Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent at such place as determined in Section 3.2 for the Extended Term. Until written notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Landlord as follows: c/o Samuels & Associates, 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000may direct. Annual Fixed Rent for any partial month shall include the Operating Expense Allowance as set forth in Section 1 of Exhibit “C” hereto. Annual Fixed Rent shall be paid by Tenant subject to Landlord at such rate on a pro rata basis, andadjustment as provided in Section 2 of Exhibit “C” hereto. In addition, if the Rent Commencement Date shall be Lease Term commences on a day other than the first day of a calendar month, the first payment of Annual Fixed Rent which Tenant shall make pay to Landlord shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent for the partial month from the Rent Commencement Date to the first day of the succeeding calendar month. Additional Rent payable by Tenant Landlord, on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and the first payment on account thereof shall be determined in similar fashion and shall commence on or before the Commencement Date of the Lease Term, a pro rata portion of the monthly installment of rent (Including Fixed Rent and any Additional Rent as herein provided), such pro rata portion to be based on the actual number of calendar days remaining in such partial month after the Commencement Date of the Lease Term. If the Lease Term shall expire on other provisions than the last day of this Lease calling for a calendar month, such monthly payments installment of Fixed Rent and Additional Rent shall be read as incorporating this undertaking by Tenantprorated for each calendar day of such partial month. Notwithstanding that the payment If any portion of Annual Fixed Rent, Operating Expenses Allocable to the Premises and the Tax Excess Additional Rent, or any other sum payable by Tenant to Landlord hereunder shall not commence until be due and unpaid for more than five (5) days, the Rent Commencement Date, Tenant balance due shall be subject toto and include a ten percent (10%) penalty. In addition, and shall comply with, all other provisions if any portion of this Lease as and at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the Annual Fixed Rent, Additional Rent and all or any other charges for which provision is made in this Lease sum payable to Landlord hereunder shall be paid due and unpaid for more than five (5) days after written notice of non-payment by Landlord to Tenant (which written notice shall not be required more than two times in any period of twelve (12) consecutive months), it shall thereafter bear interest at a rate equal to three percent (3%) per annum greater than the highest prime rate of interest announced from time to time by Bank of America (or its successor) (the “Default Rate”), as the same may change from time to time, from the due date until the date of payment thereof by Tenant, provided, however, that nothing herein contained shall be construed or implemented in such a manner as to allow Landlord without setoff, deduction to charge or abatementreceive interest in excess of the maximum legal rate then allowed by law.

Fixed Rent. Tenant agrees to pay to Landlord, commencing or as directed by Xxxxxxxx, in the manner specified below, or at such other place/in such other manner as Landlord shall from time to time designate by notice, (1) on the Rent Commencement Date, and thereafter monthly, in advance, on the first day of each and every calendar month during the Original Lease Term, a sum an amount equal to one-twelfth (1112th1/12) of the Annual Fixed Rent specified in Section 1.2 hereof and (2) on the first day of each and every calendar month during the Extended Term (if exercised), a sum an amount equal to one-twelfth of the Annual Fixed Rent as determined in Section 3.2 for the Extended Term. Until written notice of some other designation is given, fixed rent Annual Fixed Rent and all other charges for which provision is herein made shall be paid by remittance to or for to the order of Landlord Boston Properties Limited Partnership either (i) by ACH transfer to Bank of America in Dallas, Texas, Bank Routing Number 111 000 012 or (ii) by mail to P.O. Box 3557, Boston, Massachusetts 02241-3557, and in the case of (i) referencing Account Number 3756454460, Account Name of Boston Properties, LP, Tenant’s name and the Prudential Center address. All remittances received by Boston Properties Limited Partnership, as follows: c/o Samuels & Associatesaforesaid, 000 Xxxxxxx Xxxxxxor by any subsequently designated recipient, Xxxxxx, Xxxxxxxxxxxxx 00000shall be treated as a payment to Landlord. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if the Rent Commencement Date shall be other than the first day of a calendar month, the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent for the partial month from the Rent Commencement Date to the first last day of the succeeding calendar said partial month. Additional Rent payable by Tenant on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and the first payment on account thereof shall be determined in similar fashion and shall commence on the Commencement Date and other provisions of this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant. Notwithstanding that the payment of The Annual Fixed Rent, Operating Expenses Allocable to the Premises and the Tax Excess payable by Tenant to Landlord shall not commence until the Rent Commencement Date, Tenant shall be subject to, and shall comply with, all other provisions of this Lease as and at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the Annual Fixed Rent, Additional Rent and all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord without setoff, deduction or abatement, except as otherwise expressly provided herein.

Fixed Rent. Tenant agrees to pay to Landlord, commencing on the Rent Commencement Date, and thereafter monthly, in advance, on the first day of each and every calendar month during the Original initial Lease Term, a sum equal to one-twelfth (1112th1/12) of the Annual Fixed Rent specified in Section 1.2 1.1 hereof and on the first day of each and every calendar month during the each Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent as determined in Section 3.2 for the applicable Extended Term. Until written notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Landlord Boston Properties Limited Partnership, as follows: c/o Samuels & Associatesagent of Landlord, either (i) by ACH transfer to Bank of America in Dallas, Texas, Bank Routing Number 111 000 Xxxxxxx Xxxxxx012 or (ii) by mail to X.X. Xxx 0000, Xxxxxx, Xxxxxxxxxxxxx 00000-0000, and in the case of (i) referencing Account Number 3756454460, Account Name of Boston Properties Limited Partnership, Tenant’s name and the Office Tower address. All remittances received by BOSTON PROPERTIES LIMITED PARTNERSHIP, as agent as aforesaid, or by any subsequently designated recipient, shall be treated as a payment to Landlord. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if the Rent Commencement Date shall be other than the first day of a calendar month, the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent for the partial month from the Rent Commencement Date to the first day of the succeeding calendar month. Additional Rent payable by Tenant on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and the first payment on account thereof shall be determined in similar fashion and shall commence on the Commencement Date and other provisions of this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant. Notwithstanding the foregoing, the first payment on account of Additional Rent in respect of Landlord’s Tax Expenses Allocable to the Premises, and Additional Rent in respect of Operating Expenses Allocable to the Premises shall commence on the Rent Commencement Date and other provisions of this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant. The Annual Fixed Rent and all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord without setoff, deduction or abatement, except as otherwise expressly set forth in this Lease. Notwithstanding that the payment of Annual Fixed Rent, Additional Rent in respect of Landlord’s Tax Expenses Allocable to the Premises, and Additional Rent in respect of Operating Expenses Allocable to the Premises and the Tax Excess payable by Tenant to Landlord with respect to the Premises shall not commence until the Rent Commencement Date, Tenant shall be subject to, and shall comply with, all other provisions of this Lease with respect to the Premises as and at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the Annual Fixed Rent, Additional Rent and all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord without setoff, deduction or abatement.

Fixed Rent. Tenant agrees to pay to Landlord(a) Fixed rent (collectively, commencing "FIXED RENT") paid or payable by tenants in connection with their occupancy shall be adjusted and prorated on the Rent Commencement Datean if, as and thereafter monthly, in advance, on the first day of each and every calendar month during the Original Lease Term, a sum equal to one-twelfth (1112th) of the Annual when collected basis. Any Fixed Rent specified in Section 1.2 hereof and on collected by Purchaser or Seller after the first day of each and every calendar month during the Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent as determined in Section 3.2 for the Extended Term. Until written notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Landlord as follows: c/o Samuels & Associates, 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000. Annual Closing from any tenant who owes Fixed Rent for any partial month periods prior to the Closing, shall be paid by Tenant to Landlord at such rate on a pro rata basisapplied (i) first, and, if the Rent Commencement Date shall be other than the first day of a calendar month, the first in payment of Annual Fixed Rent owed by such tenant for the month next preceding the month in which Tenant shall make to Landlord shall be a the Closing Date occurs, (ii) second, in payment equal to a proportionate part of Fixed Rent owed by such monthly Annual tenant for the month in which the Closing Date occurs, (iii) third, in payment of Fixed Rent owed by such tenant for the period (if any) after the month in which the Closing Date occurs through the end of the month in which such amount is collected and (iv) fourth, after Fixed Rent for all current periods have been paid in full, in payment of Fixed Rent owed by such tenant for the partial month from the Rent Commencement Date period prior to the first day month preceding the month in which the Closing Date occurs. Each such amount, less any costs of the succeeding calendar month. Additional Rent payable by Tenant on a monthly basiscollection (including reasonable counsel fees) reasonably allocable thereto, as elsewhere provided in this Lease, likewise shall be proratedadjusted and prorated as provided above, and the first payment on account party who receives such amount shall promptly pay over to the other party the portion thereof to which it is so entitled. In furtherance and not in limitation of the preceding sentence, with respect to any tenant which has paid all Fixed Rent for periods through the Closing, if, prior to the Closing, Seller shall be determined in similar fashion and receive any prepaid Fixed Rent from such tenant attributable to a period following the Closing, at the Closing, Seller shall commence on pay over to Purchaser 13 the Commencement Date and other provisions amount of this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant. Notwithstanding that the payment of Annual such prepaid Fixed Rent, Operating Expenses Allocable to the Premises and the Tax Excess payable by Tenant to Landlord shall not commence until the Rent Commencement Date, Tenant shall be subject to, and shall comply with, all other provisions of this Lease as and at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the Annual Fixed Rent, Additional Rent and all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord without setoff, deduction or abatement.

Fixed Rent. The Tenant hereby agrees to pay to Landlordthe Landlord an annual base or fixed rental (hereinafter, commencing “Fixed Rent”) throughout the full Term in the amounts set forth on Schedule “B” annexed hereto and incorporated herein by reference in cash or check, lawful money of the Rent Commencement Date, and thereafter monthlyUnited States of America, in advancemonthly installments, payable on the first day of each and every calendar month during month, in advance, throughout the Original Lease Term, a sum equal to one-twelfth initial Term of twelve (1112th12) of the Annual Fixed years. Rent specified in Section 1.2 hereof and shall commence on the first day of each and every date (the “Rent Commencement Date”) which is thirty calendar month during days after the Extended Term (if exercised)Commencement Date. If the Rent Commencement Date is before or after June 1, a sum equal to one-twelfth of the Annual Fixed Rent as determined in Section 3.2 for the Extended Term. Until written notice of some other designation is given2012, fixed rent and all other charges for which provision is herein made then Schedule B shall be paid revised and initialed by remittance the parties to or for reflect the order of Landlord as follows: c/o Samuels & Associates, 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000actual Rent Commencement Date. Annual Fixed Rent for any partial the first full month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if of the Term after the Rent Commencement Date shall be paid in advance on the date of execution of this Lease. Fixed Rent, Supplemental and Additional Rent (which are sometimes collectively referred to herein as “Rent”) shall be paid at the office of the Landlord or at such other place as may hereafter be designated by the Landlord. Fixed Rent shall be paid to the Landlord without notice or demand and without deduction, set-off or other charge. If the Commencement Date or the Termination Date occurs on a day other than respectively, the first day or the last day of a calendar month, the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent for the partial calendar month from at the Rent Commencement Date to the first day commencement or termination of the succeeding calendar month. Additional Rent payable by Tenant on a monthly basis, as elsewhere provided in this Lease, likewise Term shall be prorated, and prorated based upon the first payment on account thereof shall be determined number of days in similar fashion and shall commence on the Commencement Date and other provisions of this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant. Notwithstanding that the payment of Annual Fixed Rent, Operating Expenses Allocable to the Premises and the Tax Excess payable by Tenant to Landlord shall not commence until the Rent Commencement Date, Tenant shall be subject to, and shall comply with, all other provisions of this Lease as and at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the Annual Fixed Rent, Additional Rent and all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord without setoff, deduction or abatementmonth.

Fixed Rent. Tenant agrees All fixed, minimum or base rentals (other than percentage rent and expense reimbursement amounts) and other tenant charges received in respect to pay to Landlord, commencing on the Rent Commencement Date, and thereafter monthly, month in advance, on which the first day of each and every calendar month during Closing Date occurs (the Original Lease Term, a sum equal to one-twelfth (1112th"Current Month") shall be prorated. Such fixed rents for the Current Month which have been received as of the Annual Fixed Rent specified in Section 1.2 hereof and on the first day of each and every calendar month during the Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent as determined in Section 3.2 for the Extended Term. Until written notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Landlord as follows: c/o Samuels & Associates, 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if the Rent Commencement Closing Date shall be other than prorated on a per diem basis based upon the first day number of a calendar month, days in the first payment of Annual Fixed Rent Current Month prior to the Closing Date (which Tenant shall make to Landlord shall be allocated to Seller) and the number of days in the Current Month on and after the Closing Date (which shall be allocated to Buyer). Fixed rents which are delinquent as of the Closing Date shall not be prorated on the Closing Date. All delinquent fixed rents received by Buyer from a payment equal tenant after the Closing Date shall first be applied to a proportionate part the most recently accrued obligation of such monthly Annual Fixed Rent for tenant. After application as set forth above, Buyer shall promptly remit to Seller that portion of delinquent fixed rents received after the partial month from the Rent Commencement Closing Date attributable to periods prior to the first day Closing Date and Seller shall promptly remit to Buyer that portion of fixed rents received after the succeeding calendar monthClosing Date attributable to periods on and after the Closing Date. Additional Rent payable by Tenant on Buyer shall reasonably cooperate with Seller in collecting any delinquent fixed rents due Seller (but Buyer shall not be required to litigate, declare a monthly basis, as elsewhere provided default in this any Lease, likewise shall be prorated, and the first payment on account thereof shall be determined or incur any additional out of pocket costs in similar fashion and shall commence on the Commencement Date and other provisions of this Lease calling order to collect any such delinquent fixed rents due Seller). Seller hereby reserves its right to institute an action against any tenant for monthly payments shall be read as incorporating this undertaking by Tenant. Notwithstanding that the payment of Annual Fixed Rent, Operating Expenses Allocable delinquent fixed rents attributable to periods prior to the Premises and the Tax Excess payable by Tenant Closing Date (but in no event shall Seller have any right to Landlord shall not commence until the Rent Commencement Dateinstitute eviction proceedings with respect thereto, Tenant shall be subject to, and shall comply with, all other provisions of this terminate any Lease as and or attach any tenant's property at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the Annual Fixed Rent, Additional Rent and all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord without setoff, deduction or abatementProperty).

Fixed Rent. Tenant agrees to pay to Landlord, commencing on the Rent Commencement Date, and thereafter monthly, in advance, on the first day of each and every calendar month during the Original Lease Term, a sum equal to one-twelfth (1112th1/12) of the Annual Fixed Rent specified in Section 1.2 1.1 hereof and on the first day of each and every calendar month during the each Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent as determined in Section 3.2 for the applicable Extended Term. Until written notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Landlord Boston Properties Limited Partnership, as follows: c/o Samuels & Associatesagent of Landlord, either (i) by ACH transfer to Bank of America in Dallas, Texas, Bank Routing Number 111 000 Xxxxxxx Xxxxxx012 or (ii) by mail to X.X. Xxx 0000, Xxxxxx, Xxxxxxxxxxxxx 00000-0000, and in the case of (i) referencing Account Number 3756454460, Account Name of Boston Properties Limited Partnership, Tenant’s name and the Property address. All remittances received by BOSTON PROPERTIES LIMITED PARTNERSHIP, as agent as aforesaid, or by any subsequently designated recipient, shall be treated as a payment to Landlord. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if the Rent Commencement Date shall be other than the first day of a calendar month, the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent for the partial month from the Rent Commencement Date to the first day of the succeeding calendar month. Additional Rent payable by Tenant on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and the first payment on account thereof shall be determined in similar fashion and shall commence on the Commencement Date and other provisions of this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant. Notwithstanding that the payment of The Annual Fixed Rent, Operating Expenses Allocable to the Premises and the Tax Excess payable by Tenant to Landlord shall not commence until the Rent Commencement Date, Tenant shall be subject to, and shall comply with, all other provisions of this Lease as and at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the Annual Fixed Rent, Additional Rent and all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord without setoff, deduction or abatement, except as otherwise expressly set forth in this Lease. Notwithstanding that the payment of Annual Fixed Rent payable by Tenant to Landlord with respect to the fourth (4th) floor of the Office Building shall not commence until the expiration of the Rent Abatement Period, Tenant shall be subject to, and shall comply with, all other provisions of this Lease with respect to the fourth (4th) floor of the Office Building as and at the times provided in this Lease.

Fixed Rent. If there is any increase in Taxes for any Tax Year, whether during or after such Tax Year, or if there is any decrease in the Taxes for any Tax Year during such Tax Year, Landlord may, and in the case of a decrease in Taxes Landlord shall, furnish a revised Landlord's Tax Statement for any Tax Year affected, and Tenant's Tax Payment for such Tax Year shall be adjusted and, (a) within 15 days after Tenant's receipt of such revised Landlord's Tax Statement, Tenant agrees shall (with respect to any increase in Taxes for such Tax Year) pay the appropriate increase in Tenant's Tax Payment to Landlord, commencing on the Rent Commencement Date, and thereafter monthly, or (b) (with respect to any decrease in advance, on the first day of each and every calendar month during the Original Lease Term, a sum equal to one-twelfth (1112thTaxes for such Tax Year) of the Annual Fixed Rent specified in Section 1.2 hereof and on the first day of each and every calendar month during the Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent as determined in Section 3.2 for the Extended Term. Until written notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Landlord as follows: c/o Samuels & Associates, 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if the Rent Commencement Date shall be other than the first day of a calendar month, the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be a payment equal to a proportionate part credit such decrease in Tenant's Tax Payment against the next installment of such monthly Annual Fixed Rent for the partial month from the Rent Commencement Date to the first day of the succeeding calendar month. Additional Escalation Rent payable by Tenant on a monthly basisTenant, as elsewhere provided in or if the overpaid amount exceeds the amount of all remaining Escalation Rent payable under this LeaseLease for the balance of the Term, likewise shall be prorated, and the first payment on account thereof or if such overpayment shall be determined after the Expiration Date, Landlord shall pay the amount of such overpayment to Tenant within 30 days after demand. If, during the Term, Taxes are required to be paid (either to the appropriate taxing authorities or as tax escrow payments to the Lessor or the Mortgagee), in similar fashion and shall commence full or in semi-annual or quarterly or other installments on the Commencement Date and any other provisions of this Lease calling for monthly payments date or dates than as presently required, then Tenant's Tax Payments shall be read as incorporating this undertaking by correspondingly accelerated or revised so that Tenant. Notwithstanding that the payment of Annual Fixed Rent, Operating Expenses Allocable 's Tax Payments are due at least thirty (30) days prior to the Premises and date payments are due to the Tax Excess payable by Tenant to taxing authorities, the Lessor or the Mortgagee. Landlord shall not commence until notify Tenant of same in writing of such acceleration or revision. The benefit of any discount for any early payment or prepayment of Taxes shall accrue solely to the Rent Commencement Date, Tenant benefit of Landlord and Taxes shall be subject to, and shall comply with, all other provisions of this Lease as and at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the Annual Fixed Rent, Additional Rent and all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord computed without setoff, deduction or abatementsubtracting such discount.

Fixed Rent. Tenant agrees to pay to Landlord, commencing on the Rent Commencement Date, and thereafter monthly, in advance, on the first day of each and every calendar month during the Original Lease Term, a sum equal to one-twelfth (1112th1/12) of the Annual Fixed Rent for the Primary Premises specified in Section 1.2 hereof and one-twelfth (1/12) of the Annual Fixed Rent for the Storage Space and on the first day of each and every calendar month 0000 Xxxx Xxxxxx Xxxxxx Xxxxxxxx, Inc. Lease during the Extended Term (if exercised), a sum equal to one-twelfth of the Annual Fixed Rent for the Premises as determined in Section 3.2 for the Extended Term. Until written notice of some other designation is given, fixed rent and all other charges for which provision is herein made shall be paid by remittance to or for the order of Landlord as follows: c/o Samuels & Associates, 000 Xxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000. Annual Fixed Rent for any partial month shall be paid by Tenant to Landlord at such rate on a pro rata basis, and, if the Rent Commencement Date shall be other than the first day of a calendar month, the first payment of Annual Fixed Rent which Tenant shall make to Landlord shall be a payment equal to a proportionate part of such monthly Annual Fixed Rent for the partial month from the Rent Commencement Date to the first day of the succeeding calendar month. Additional Rent payable by Tenant on a monthly basis, as elsewhere provided in this Lease, likewise shall be prorated, and the first payment on account thereof shall be determined in similar fashion and shall commence on the Commencement Date and other provisions of this Lease calling for monthly payments shall be read as incorporating this undertaking by Tenant, provided, however, that Tenant’s obligation to pay Landlord’s Tax Expenses Allocable to the Premises pursuant to Section 6.2 and Operating Expenses Allocable to the Premises pursuant to Section 7.5 shall not commence until the Rent Commencement Date. Notwithstanding that the payment of Annual Fixed Rent, Operating Expenses Allocable to the Premises and the Tax Excess Rent payable by Tenant to Landlord shall not commence until the Rent Commencement Date, Tenant shall be subject to, and shall comply with, all other provisions of this Lease as and at the times provided in this Lease. Except as expressly otherwise set forth in this Lease, the The Annual Fixed Rent, Additional Rent and all other charges for which provision is made in this Lease shall be paid by Tenant to Landlord without setoff, deduction or abatementabatement except as expressly provided in this Lease.