Common use of Gross Rent Clause in Contracts

Gross Rent. For the first year of the Term (12 months' occupancy), Tenant shall pay to Landlord Twenty Six Thousand Four Hundred Twenty Nine and 00/100 Dollars ($26,429.00) as gross rent ($13.00 per rentable square foot) for the Premises (the "Annual Gross Rent"), due and payable on the first day of each calendar month (first month's Rent and Security Deposit due upon Tenants' execution of this Lease) during the first year of the Term at Two Thousand Two Hundred Two and 42/100 Dollars ($2,202.42 ) per month ("Monthly Rent") together with any and all applicable sales and other taxes now or later enacted. Tenant covenants to pay without notice, deduction, set-off or abatement to Landlord the Gross Rent. All sums due and payable by Tenant to Landlord under the terms and provisions of this Lease shall constitute "Additional Rent" under this Lease. All checks or negotiable drafts for Monthly Rent and any Additional Rent are to be made payable to the order of Landlord and mailed or hand delivered to Landlord's office or to any other office so designated by Landlord. If the Commencement Date is not on the first day of a calendar month, the first payment due and payable shall include a per diem proration payment for such partial calendar month together with Monthly Rent for the month next following the Commencement Date. Commencing in the second (2nd) Lease Year (after 12 months of occupancy), and each Lease Year thereafter, the Annual Gross Rent shall escalate on the basis of five percent (5%) over the previous Lease Year's Annual Gross Rent plus applicable sales and other taxes thereon, now existing or later enacted. However, if the amount of Real Estate Taxes, Utilities (total of electricity, water, garbage removal) or Insurance increase in excess of 5% during any calendar year of this Lease over the previous calendar year, Tenant will be charged its proportionate share of such increase over 5%. Tenant's share of such increased costs shall be determined by multiplying the increase over 5% by a fraction, the numerator of which shall be the square footage of the Tenant's Premises and the denominator of which shall be the total leased space of the Building as reasonably determined by Landlord. For years where occupancy is less than a calendar year, Tenant's proportionate share, if any, will be prorated accordingly.

Gross Rent. For From and after the first year of Commencement Date, the Term (12 months' occupancy), Tenant shall pay to Landlord Twenty Six Thousand Four Hundred Twenty Nine and 00/100 Dollars ($26,429.00) as a gross annual rent ($13.00 per rentable square foot) for the Premises (the "Annual herein called “Gross Rent"”) based upon the rate of $7.50 per square foot of the Rentable Area of the Premises, payable as follows: (a) from February 1, 2005 to and including February 28, 2005, Gross Rent of $243,000.00 per year (in respect of 32,400 square feet only); and (b) from March 1, 2005 to and including January 31, 2008, Gross Rent of $400,500.00 per year (in respect of 53,400 square feet). Such Gross Rent, together with any adjustment of rent provided for herein then in effect, shall be due and payable in twelve (12) equal installments on the first 1st day of each calendar month during the initial Term of this Lease and any extensions or renewals hereof, and the Tenant hereby agrees to pay such Gross Rent to the Landlord at the Landlord’s address as provided herein (first or such Other address as may be designated from time to time) monthly, in advance, without demand. If the Term of this Lease as heretofore established commences on other than the 1st day of the month or terminates on other than the last day of the month's , then the installment or installments so pro rated shall be paid in advance. Goods and services tax of seven percent (7%) shall be added to any Gross Rent and Security Deposit due upon Tenants' execution amounts payable.”; (f) Section 10.4 of the Lease is amended by adding the following as a second paragraph: “Notwithstanding the foregoing, at the expiry or earlier termination of this Lease, the Tenant will be required to remove its leasehold improvements, furniture, equipment, inventory and all wiring/cabling installed by the Tenant from the Additional Premises and make good any damage caused by such removal at its expense.”; (g) during the first year Section 15.11 of the Term at Two Thousand Two Hundred Two Lease is amended as follows: (i) subsection 15.11(a) is amended by adding the following as a third paragraph: “The Tenant shall be responsible for its own improvements to the Additional Premises and 42/100 Dollars shall have a Rent free period ($2,202.42 the “Additional Premises Fixturing Period”) per month commencing October 21, 2004 and ending February 28, 2005 for the purposes of conducting the Tenant’s Work in respect of the Additional Premises. Should the Tenant require additional utilities, additional heating, ventilation or air conditioning ("Monthly Rent"“HVAC”) together in respect of the Additional Premises because of the nature of its business, in excess of those already provided to the Additional Premises, then the Tenant shall be responsible for the cost of installing and/or supplying such additional utilities or HVAC, professionally designed and supervised, subject to the Landlord’s prior approval. The Tenant’s Work is subject to the Landlord’s prior written approval and shall be made in accordance with any the Broadway Tech Centre Tenant Guidelines Manual. It is understood that the Landlord’s contractor shall be utilized for all changes to the mechanical, electrical and all applicable sales and other taxes now or later enacted. Tenant covenants to pay without notice, deduction, set-off or abatement to Landlord life safety systems in respect of the Gross RentAdditional Premises. All sums due costs associated with the Tenant’s Work shall be borne solely by the Tenant, including design and payable by consultant’s fees and permits. The Tenant to will be responsible for obtaining all necessary approvals and building permits from regulatory authorities for the commencement and completion of the Tenant’s Work in respect of the Additional Premises. No Tenant’s Work in respect of the Additional Premises shall commence until the Landlord under receives proof of the Tenant’s insurance. All terms and provisions of this Lease shall constitute "Additional Rent" under this Lease. All checks or negotiable drafts for Monthly Rent and any Additional Rent are to be made payable applicable to the order Additional Premises from the date the Tenant takes possession of the Additional Premises save for the payment of Gross Rent which shall be payable as of March 1, 2005.”; and (ii) subsection 15.11(c) is amended by adding the following as the last sentence: “Notwithstanding the foregoing, the Landlord and mailed or hand delivered to Landlord's office or to any other office so designated by Landlord. If the Commencement Date is not on Tenant hereby acknowledge and agree that the first day of a calendar month, the first payment due and payable Tenant shall include a per diem proration payment be invoiced for such partial calendar month together with Monthly Rent for the month next following the Commencement Date. Commencing in the second (2nd) Lease Year (after 12 months of occupancy), and each Lease Year thereafter, the Annual Gross Rent shall escalate on the basis of five percent (5%) over the previous Lease Year's Annual Gross Rent plus applicable sales and other taxes thereon, now existing or later enacted. However, if the amount of Real Estate Taxes, Utilities (total its Proportionate Share of electricity, gas, water, janitorial and garbage removal) or Insurance increase in excess of 5% during any calendar year of this Lease over disposal services consumed within the previous calendar year, Tenant will be charged its proportionate share of such increase over 5%. Tenant's share of such increased costs shall be determined by multiplying the increase over 5% by a fraction, the numerator of which shall be the square footage of the Tenant's Additional Premises and the denominator of which parking charges provided for herein.”; and (h) The plan attached hereto is hereby added to and shall be become Schedule “C-1” to the total leased space of the Building as reasonably determined by Landlord. For years where occupancy is less than a calendar year, Tenant's proportionate share, if any, will be prorated accordinglyLease.

Gross Rent. For (a) The Tenant shall pay to the first Landlord the Gross Rent calculated annually for each year of the Term (12 months' occupancy)as set out in Schedule “D” attached hereto, Tenant which shall pay to Landlord Twenty Six Thousand Four Hundred Twenty Nine and 00/100 Dollars ($26,429.00) as gross rent ($13.00 per rentable square foot) for be payable in each year of the Premises (the "Annual Gross Rent"), due and payable Term in equal monthly installments in advance on the first day of each calendar month (first month's Rent and Security Deposit due upon Tenants' execution of this Lease) during the first each year of the Term at Two Thousand Two Hundred Two Term. For the avoidance of doubt, the Gross Rent is net of HST, Taxes and 42/100 Dollars [utility charges] but is inclusive of the costs of all services provided by Landlord pursuant to the Services Agreement. ($2,202.42 b) per month ("Monthly Rent") together with any and all applicable sales and other taxes now or later enacted. Tenant The Landlord covenants to pay without noticethat since its original budgeting for the Landlord’s Work, deduction, set-off or abatement which forecasted a total cost to Landlord of $15,000,000 (the Gross Rent. All sums due and payable by Tenant “Total Budgeted Costs”) to Landlord under complete the terms and provisions of this Lease shall constitute "Additional Rent" under this Lease. All checks or negotiable drafts for Monthly Rent and any Additional Rent are to be made payable to the order of Landlord’s Work (Landlord and mailed or hand delivered Tenant acknowledge and agree that the Landlord’s costs in completing the Landlord’s Work (and the Total Annual Gross Rent set forth on Schedule “D” attached hereto) already include an increase (the “Cost Increase”) of $13,800,000 from the original budget for Landlord’s Work). The Gross Rent set out in Schedule “D” attached hereto incorporates the maximum amount of the Cost Increase that the parties have agreed the Tenant can be responsible for, with the Landlord remaining responsible for all other cost increases in the Landlord’s Work, subject to Landlord's office or to any other office so designated by LandlordSchedule “K” hereto. If the Commencement Date Cost Increase in completing the Landlord’s Work is not on the first day of a calendar monthless than $13,800,000, the first payment due and payable shall include a per diem proration payment for then in such partial calendar month together with Monthly Rent for the month next following the Commencement Date. Commencing in the second (2nd) Lease Year (after 12 months of occupancy), and each Lease Year thereafter, event the Annual Gross Rent shall escalate on PSF payable by the basis of five percent (5%) Tenant over the previous Lease Year's Annual Gross Rent plus applicable sales and other taxes thereonTerm, now existing or later enacted. Howeveras shown in Schedule “D” attached hereto, if the amount of Real Estate Taxes, Utilities (shall be reduced by a total of electricity, water, garbage removal) or Insurance increase in excess of 5% during any calendar year of this Lease over the previous calendar year, Tenant will be charged its proportionate share of such increase over 5%. Tenant's share of such increased costs shall be determined by multiplying the increase over 5% by a fraction, the numerator of which shall be the square footage fifty percent of the Tenant's Premises difference between $13,800,000 and the denominator of which shall be actual Cost Increase, with such reduction being applied equally throughout the total leased space Term on a monthly basis. Upon completion of the Building as reasonably determined by Landlord’s Work Landlord shall notify Tenant in writing of the actual Cost Increase. Landlord shall use commercially reasonable efforts to reduce the Cost Increase. For years where occupancy is less than a calendar yeargreater certainty, nothing in this Section 3.2 shall derogate from the Tenant's proportionate share, if any, will be prorated accordingly’s obligation to remit the Excess Facility Cost Payments contemplated in Section 3.7 below.

Gross Rent. For the first year of the Term (12 months' occupancy), Tenant A. Subtenant shall pay to Landlord Twenty Six Thousand Four Hundred Twenty Nine and 00/100 Dollars Sublandlord, without notice or demand, in lawful money of the United States, at the address set forth above or at such other address as Sublandlord may by notice designate (provided such designation is made at least ten (10) Business Days prior to the effective date of such address change), monthly gross rent in equal installments of $26,429.00208,334.00 (the “Gross Rent”) as gross rent ($13.00 per rentable square foot) for the Premises (the "Annual follows: Gross Rent"), due and Rent shall be payable in advance on the first day of each calendar month during said term, without any set off or deduction whatsoever (first month's Rent and Security Deposit due upon Tenants' execution of this Lease) during except as otherwise expressly provided in Section 7 hereof), except that Subtenant shall pay the first year monthly installment of Gross Rent on the Term at Two Thousand Two Hundred Two and 42/100 Dollars ($2,202.42 ) per month ("Monthly Rent") together with any and all applicable sales and other taxes now or later enactedCommencement Date. Tenant covenants to pay without notice, deduction, set-off or abatement to Landlord In the Gross Rent. All sums due and payable by Tenant to Landlord under the terms and provisions of this Lease shall constitute "Additional Rent" under this Lease. All checks or negotiable drafts for Monthly Rent and any Additional Rent are to be made payable to the order of Landlord and mailed or hand delivered to Landlord's office or to any other office so designated by Landlord. If event the Commencement Date is not on other than the first day of a calendar month, or in the event the Sublease Term expires or is terminated on other than the last day of a calendar month, (i) Gross Rent for such partial month(s) shall be prorated on a per diem basis, (ii) the prorated Gross Rent for the partial month in which the Commencement Date occurs, together with the Gross Rent for the first full calendar month during the Sublease Term, shall be paid on the Commencement Date, and (iii) the portion of the Gross Rent paid in excess of the prorated Gross Rent due with respect to the partial month in which any such expiration or termination occurs, shall be promptly refunded by Sublandlord to Subtenant, provided Subtenant is not then in default hereunder beyond the expiration of any applicable notice and/or cure period. B. This Sublease is intended to be a “gross” sublease, and Subtenant’s payment of Gross Rent shall constitute the full and complete consideration due and payable to Sublandlord in connection the leasing of the Demised Premises, the other rights and benefits granted to Subtenant hereunder, and for the provision of all services (including, without limitation, heat, ventilating and air conditioning, utilities, repairs, restoration, alterations, cleaning, elevator service, hot and cold water and light bulb replacement) to the Demised Premises, as contemplated by Article 8 of the Master Lease, it being agreed that Sublandlord shall include a per diem proration use commercially reasonable efforts to cause the Master Landlord to furnish, all such services to the Demised Premises for no charge in addition to Gross Rent. For the avoidance of doubt, the parties expressly acknowledge and agree that Subtenant shall have no liability or obligation to pay or reimburse Sublandlord for any Additional Rent, Taxes, Operating Expenses, or any other rent or additional rent otherwise payable by Sublandlord under the Master Lease, and the provisions of Article 5 of the Master Lease shall not be applicable hereto. C. If Subtenant shall fail to make any payment for such partial calendar month together with Monthly of Gross Rent for more than five (5) days after the month next following the Commencement Datesame is due and payable, Subtenant shall pay a late payment charge of $.05 for each $1.00 which remains unpaid to compensate Sublandlord for additional expenses in processing such late payment. Commencing in the second (2nd) Lease Year (after 12 months of occupancy)In addition, and each Lease Year thereafter, the Annual if Subtenant fails to pay any Gross Rent when due, Subtenant shall escalate on pay interest thereon from the basis of five date due until the date paid at an annual rate equal to the Prime Rate plus one percent (51%) over the previous Lease Year's Annual Gross Rent plus applicable sales and other taxes thereon, now existing or later enacted. However, if the amount of Real Estate Taxes, Utilities (total of electricity, water, garbage removal) or Insurance increase per annum but not in excess of 5% during the maximum amount permitted by law to be charged to Subtenant, and such interest shall be deemed to be additional rent hereunder. D. If any calendar year check of Subtenant shall be returned for insufficient funds, there shall be an additional charge to Subtenant of $150.00 and, thereafter, at the request of Sublandlord, Subtenant shall make all payments required hereunder by certified or official bank check only. E. The Gross Rent and any other charges expressly required by the terms of this Lease over Sublease (e.g., late charges, default interest, attorney’s fees, costs relating to obtaining Master Landlord’s approval) are collectively referred to herein as the previous calendar year, Tenant will be charged its proportionate share of such increase over 5%. Tenant's share of such increased costs shall be determined by multiplying the increase over 5% by a fraction, the numerator of which shall be the square footage of the Tenant's Premises and the denominator of which shall be the total leased space of the Building as reasonably determined by Landlord. For years where occupancy is less than a calendar year, Tenant's proportionate share, if any, will be prorated accordingly“rent”.

Gross Rent. For the first year of the Term (12 months' occupancy), Tenant shall timely pay to Landlord Twenty Six Thousand Four Hundred Twenty Nine Gross Rent (as defined in the Basic Lease Information), without notice, demand, deduction or set-off, by good and 00/100 Dollars sufficient check drawn on a national banking association at Landlord’s address provided for in this Lease or such other address as specified by Landlord or, at Tenant’s option, by Automated Clearing House ($26,429.00ACH) payment and shall be accompanied by all applicable state and local sales or use taxes. Except as gross rent ($13.00 per rentable square foot) for otherwise provided herein, the Premises (obligations of Tenant to pay Gross Rent and the "Annual obligations of Landlord under this Lease are independent obligations. Gross Rent"), due and adjusted as herein provided, shall be payable monthly in advance. The first (1st) monthly installment of Gross Rent shall be payable on the Rent Commencement Date; thereafter, Gross Rent shall be payable on the first (1st) day of each calendar month (first month's Rent and Security Deposit due upon Tenants' execution of this Lease) during the first year of the Term at Two Thousand Two Hundred Two and 42/100 Dollars ($2,202.42 ) per month ("Monthly Rent") together with any and all applicable sales and other taxes now or later enacted. Tenant covenants to pay without notice, deduction, set-off or abatement to Landlord the Gross Rent. All sums due and payable by Tenant to Landlord under the terms and provisions of this Lease shall constitute "Additional Rent" under this Lease. All checks or negotiable drafts for Monthly Rent and any Additional Rent are to be made payable to the order of Landlord and mailed or hand delivered to Landlord's office or to any other office so designated by Landlord. If the Commencement Date is not beginning on the first (1st) day of a calendar month, the first payment due and payable shall include a per diem proration payment for such partial calendar month together with Monthly Rent for the month next following the Commencement Date. Commencing in the second (2nd) Lease Year full calendar month of the Term. The monthly Gross Rent for any partial month at the beginning of the Term shall equal the product of 1/365 (after 12 months or in the event of occupancy)a leap year, 1/366) of the annual Gross Rent in effect during the partial month and the number of days in the partial month, and each Lease Year thereafter, shall be due on the Annual Rent Commencement Date. Payments of Gross Rent for any fractional calendar month at the end of the Term shall escalate on the basis of five percent (5%) over the previous Lease Year's Annual Gross Rent plus applicable sales and other taxes thereon, now existing or later enactedbe similarly prorated. However, if the amount of Real Estate Taxes, Utilities (total of electricity, water, garbage removal) or Insurance increase in excess of 5% during any calendar year Simultaneously upon execution of this Lease over the previous calendar yearLease, Tenant will be charged its proportionate share of such increase over 5%. Tenant's share of such increased costs Landlord shall be determined by multiplying the increase over 5% by a fraction, the numerator of which shall be the square footage of the Tenant's Premises execute and the denominator of which shall be the total leased space of the Building as reasonably determined by Landlord. For years where occupancy is less than a calendar yeardeliver an IRS W-9 form, Tenant's proportionate share’s ACH payment form and Tenant’s Size Self-Certification Form, if any, will be prorated accordingly.all in the forms attached hereto as Exhibit K.

Gross Rent. For During the first year of the Term (12 months' occupancy)Term, Tenant Subtenant shall pay to Landlord Twenty Six Thousand Four Hundred Twenty Nine Sublandlord a monthly rent in the amount of $27,057.00 per month, payable in advance, without demand, notice or offset, commencing on the Commencement Date and 00/100 Dollars ($26,429.00) as gross rent ($13.00 per rentable square foot) for the Premises (the "Annual Gross Rent"), due and payable on or before the first day of each calendar month (first month's Rent and Security Deposit due upon Tenants' execution of this Lease) thereafter during the first year of Term. Rent shall be paid by wire transfer or ACH transfer in accordance with payment instructions provided by Sublandlord. Rent shall be prorated for any partial months occurring during the Term at Two Thousand Two Hundred Two hereof. This Sublease is and 42/100 Dollars ($2,202.42 ) per month ("Monthly Rent") together with any and all applicable sales and other taxes now or later enacted. Tenant covenants to pay without notice, deduction, set-off or abatement to Landlord the Gross Rent. All sums due and payable by Tenant to Landlord under the terms and provisions of this Lease shall constitute "Additional Rent" under this Lease. All checks or negotiable drafts for Monthly Rent be a “gross” sublease and any Additional Rent are to be made payable costs and expenses in connection with, arising out of, or with respect to the order Premises not specifically stated herein as the responsibility of Landlord and mailed or hand delivered to Landlord's office or to any other office so designated by Landlord. If the Commencement Date is not on the first day of a calendar month, the first payment due and payable shall include a per diem proration payment for such partial calendar month together with Monthly Rent for the month next following the Commencement Date. Commencing in the second (2nd) Lease Year (after 12 months of occupancy), and each Lease Year thereafter, the Annual Gross Rent shall escalate on the basis of five percent (5%) over the previous Lease Year's Annual Gross Rent plus applicable sales and other taxes thereon, now existing or later enacted. However, if the amount of Real Estate Taxes, Utilities (total of electricity, water, garbage removal) or Insurance increase in excess of 5% during any calendar year of this Lease over the previous calendar year, Tenant will be charged its proportionate share of such increase over 5%. Tenant's share of such increased costs shall be determined by multiplying the increase over 5% by a fraction, the numerator of which Subtenant shall be the square footage sole responsibility of Sublandlord and Sublandlord shall be liable therefor, including, without limitation, use of the Tenant's compressed air system, all maintenance and repair costs, utility expenses, property insurance and real estate taxes. Notwithstanding the foregoing, if, pursuant to any provisions of the Prime Lease, any payments to Prime Landlord for services or other charges allocable in whole or in part to the Subleased Premises and the denominator of which shall be the total leased space payable because of services ordered by Subtenant, activities undertaken by or on behalf of Subtenant, Subtenant’s use or occupancy of the Building Subleased Premises or Subtenant’s breach of, or default under, the Prime Lease, then Subtenant shall promptly pay to Sublandlord or Prime Landlord, as reasonably determined appropriate, all such payments or other charges to the extent allocable to the Subleased Premises or to Subtenant. In addition to and not in limitation of any other remedies for non-payment of rent or other charges, any payment of rent or other charges not received within ten (10) calendar days after the date it is due shall bear interest from the due date until paid at a rate equal to the lesser of (a) the prime commercial rate being published in the Wall Street Journal on the date due plus two percent (2%) per annum or (b) the highest rate permitted by Landlordapplicable law. For years where occupancy is less than a calendar yearIn addition, Tenant's proportionate share, if any, will Subtenant shall be prorated accordinglyobligated to reimburse Sublandlord for any reasonable costs of collection (including reasonable attorney’s fees) in connection with such unpaid amounts. All of Subtenant’s obligations to pay all rental or monies due in or under this Sublease shall survive the expiration or earlier termination of this Sublease.

Gross Rent. For During the first year of the Term (12 months' occupancy)Term, Tenant Subtenant shall pay to Landlord Twenty Six Thousand Four Hundred Twenty Nine Sublandlord a monthly rent in the amount of $4,500.00 per month, payable in advance, without demand, notice or offset, commencing on the Commencement Date and 00/100 Dollars ($26,429.00) as gross rent ($13.00 per rentable square foot) for the Premises (the "Annual Gross Rent"), due and payable on or before the first day of each calendar month (first month's Rent and Security Deposit due upon Tenants' execution of this Lease) thereafter during the first year of Term. Rent shall be paid by wire transfer or ACH transfer in accordance with payment instructions provided by Sublandlord. Rent shall be prorated for any partial months occurring during the Term at Two Thousand Two Hundred Two hereof. This Sublease is and 42/100 Dollars ($2,202.42 ) per month ("Monthly Rent") together with any and all applicable sales and other taxes now or later enacted. Tenant covenants to pay without notice, deduction, set-off or abatement to Landlord the Gross Rent. All sums due and payable by Tenant to Landlord under the terms and provisions of this Lease shall constitute "Additional Rent" under this Lease. All checks or negotiable drafts for Monthly Rent be a “gross” sublease and any Additional Rent are to be made payable costs and expenses in connection with, arising out of, or with respect to the order Premises not specifically stated herein as the responsibility of Landlord and mailed or hand delivered to Landlord's office or to any other office so designated by Landlord. If the Commencement Date is not on the first day of a calendar month, the first payment due and payable shall include a per diem proration payment for such partial calendar month together with Monthly Rent for the month next following the Commencement Date. Commencing in the second (2nd) Lease Year (after 12 months of occupancy), and each Lease Year thereafter, the Annual Gross Rent shall escalate on the basis of five percent (5%) over the previous Lease Year's Annual Gross Rent plus applicable sales and other taxes thereon, now existing or later enacted. However, if the amount of Real Estate Taxes, Utilities (total of electricity, water, garbage removal) or Insurance increase in excess of 5% during any calendar year of this Lease over the previous calendar year, Tenant will be charged its proportionate share of such increase over 5%. Tenant's share of such increased costs shall be determined by multiplying the increase over 5% by a fraction, the numerator of which Subtenant shall be the square footage sole responsibility of Sublandlord and Sublandlord shall be liable therefor, including, without limitation, use of the Tenant's compressed air system, all maintenance and repair costs, utility expenses, property insurance and real estate taxes. Notwithstanding the foregoing, if, pursuant to any provisions of the Prime Lease, any payments to Prime Landlord for services or other charges allocable in whole or in part to the Subleased Premises and the denominator of which shall be the total leased space payable because of services ordered by Subtenant, activities undertaken by or on behalf of Subtenant, Subtenant’s use or occupancy of the Building Subleased Premises or Subtenant’s breach of, or default under, the Prime Lease, then Subtenant shall promptly pay to Sublandlord or Prime Landlord, as reasonably determined appropriate, all such payments or other charges to the extent allocable to the Subleased Premises or to Subtenant. In addition to and not in limitation of any other remedies for non-payment of rent or other charges, any payment of rent or other charges not received within ten (10) calendar days after the date it is due shall bear interest from the due date until paid at a rate equal to the lesser of (a) the prime commercial rate being published in the Wall Street Journal on the date due plus two percent (2%) per annum or (b) the highest rate permitted by Landlordapplicable law. For years where occupancy is less than a calendar yearIn addition, Tenant's proportionate share, if any, will Subtenant shall be prorated accordinglyobligated to reimburse Sublandlord for any reasonable costs of collection (including reasonable attorney’s fees) in connection with such unpaid amounts. All of Subtenant’s obligations to pay all rental or monies due in or under this Sublease shall survive the expiration or earlier termination of this Sublease.

Gross Rent. For a. Sublessee agrees to pay Sublessor during the first year of Term, GROSS Rent in accordance with the Term (12 months' occupancy)following schedule, Tenant provided however, that Sublessee shall have no obligation to pay to Landlord Twenty Six Thousand Four Hundred Twenty Nine and 00/100 Dollars (any operating expenses or taxes due by Sublessor under the Main Lease: May 1, 2008 – May 31, 2008 $26,429.00) as gross rent (0 - $13.00 per rentable square foot) for the Premises (the "Annual 0 June 1, 2008 – April 30, 2009 $14.00 $43,288 $3,607.33 May 1, 2009 – September 31, 2010 $15.00 $46,380 $3,865 October 1, 2010 – October 31, 2010 $0 - $0 Gross Rent")Rent shall be payable in equal monthly installments, due and payable in advance, on the first day of each calendar and every month (first month's Rent and Security Deposit due upon Tenants' execution of this Lease) during the first year of Term. In the event the Term at Two Thousand Two Hundred Two and 42/100 Dollars ($2,202.42 ) per month ("Monthly Rent") together with any and all applicable sales and commences or terminates on a day other taxes now or later enacted. Tenant covenants to pay without notice, deduction, set-off or abatement to Landlord the Gross Rent. All sums due and payable by Tenant to Landlord under the terms and provisions of this Lease shall constitute "Additional Rent" under this Lease. All checks or negotiable drafts for Monthly Rent and any Additional Rent are to be made payable to the order of Landlord and mailed or hand delivered to Landlord's office or to any other office so designated by Landlord. If the Commencement Date is not on than the first day or last day of a calendar month, the first payment due and payable Sublessee shall include a per diem proration payment for such partial calendar month together with Monthly pay Gross Rent for the said fractional month next following the Commencement Date. Commencing in the second (2nd) Lease Year (after 12 months of occupancy), and each Lease Year thereafter, the Annual Gross Rent shall escalate prorated on the basis of five a thirty (30) day period. b. The parties acknowledge and agree that Sublessor shall timely pay all rent and other obligations payable under the Main Lease and that Sublessee shall timely pay all Gross Rent and any other charges which are Sublessee’s obligation hereunder. Any payment due from Sublessee not paid within ten days of being due shall bear interest at the lesser rate of ten percent (510%) over the previous Lease Year's Annual per annum until full payment is received by Sublessor. c. All Gross Rent plus applicable sales payable by Sublessee under this Sublease Agreement shall be paid, without notice or prior demand therefor and other taxes thereonwithout any deduction or set-off whatsoever, now existing to Sublessor, at the address set forth below or later enacted. Howeverat such place as Sublessor may designate from time to time by written notice to Sublessee. d. Upon execution of this Sublease Agreement, if Sublessee shall pay Sublessor the rent for the first month ($0) and a security deposit in the amount of Real Estate Taxes, Utilities Three Thousand Six Hundred Seven Dollars and 33 cents. (total of electricity, water, garbage removal) or Insurance increase in excess of 5% during any calendar year of this Lease over the previous calendar year, Tenant will be charged its proportionate share of such increase over 5%$3,607.33). Tenant's share of such increased costs The security deposit shall be determined held by multiplying Sublessor to secure the increase over faithful performance by Sublessee of the terms, covenants and conditions contained herein. Upon the occurrence of a default by Sublessee under this Sublease Agreement or the Main Lease, Sublessor may use all or any part of the security deposit for the payment of Gross Rent or the cost to cure any other default. If any portion of the security deposit is used, Sublessee shall within five (5% ) days after written demand therefor deposit cash with Sublessor in an amount sufficient to restore the security deposit to its original amount. Sublessor shall not be required to keep the security deposit separate from its general funds, and Sublessee shall not be entitled to interest on the security deposit. In no event shall the security deposit be considered an advance payment of Gross Rent and in no event shall Sublessee be entitled to use the security deposit for the payment of Gross Rent. If no default by a fractionSublessee exists under this Sublease Agreement or the Main Lease, the numerator of which security deposit, or any remaining balance thereof, shall be returned to Sublessee no later than thirty (30) days after the square footage expiration of the Tenant's Premises and the denominator of which shall be the total leased space of the Building as reasonably determined by Landlord. For years where occupancy is less than a calendar year, Tenant's proportionate share, if any, will be prorated accordinglyTerm.

Gross Rent. For (a) Beginning on the first year of the Term (12 months' occupancy)Commencement Date, Tenant Subtenant shall pay to Landlord Twenty Six Thousand Four Hundred Twenty Nine and 00/100 Dollars Sublandlord gross annual rental ($26,429.00) as gross rent ($13.00 per rentable square foot“Gross Rent”) for the Sublease Premises (the "as follows: Time Period Annual Gross Rent"), Rent Rate Per Rentable Square Foot Annual Gross Rent Monthly Gross Rent 1/1/13-12/31/13 $ 14.50 $ 265,089.00 $ 22,090.75 1/1/14-12/31/14 $ 14.94 $ 273,133.08 $ 22,761.09 1/1/15-12/31/15 $ 15.39 $ 281,359.98 $ 23,446.67 Annual Gross Rent shall be due and payable in equal monthly installments, in advance, on the first day of each calendar month (first month's Rent and Security Deposit due upon Tenants' execution during the term of this Lease) during the first year of the Term at Two Thousand Two Hundred Two and 42/100 Dollars ($2,202.42 ) per month ("Monthly Rent") together with any and all applicable sales and other taxes now or later enacted. Tenant covenants to pay without notice, deduction, set-off or abatement to Landlord the Gross Rent. All sums due and payable by Tenant to Landlord under the terms and provisions of this Lease shall constitute "Additional Rent" under this Lease. All checks or negotiable drafts for Monthly Rent and any Additional Rent are to be made payable to the order of Landlord and mailed or hand delivered to Landlord's office or to any other office so designated by LandlordSublease. If the Commencement Date is not term of this Sublease commences on a day other than the first day of a calendar month or ends on any day other than the last day of a calendar month, the first payment due and payable shall include a per diem proration payment Gross Rent for such partial calendar month together with Monthly Rent for the month next following the Commencement Date. Commencing in the second (2nd) Lease Year (after 12 months of occupancy), and each Lease Year thereafter, the Annual Gross Rent shall escalate on the basis of five percent (5%) over the previous Lease Year's Annual Gross Rent plus applicable sales and other taxes thereon, now existing or later enacted. However, if the amount of Real Estate Taxes, Utilities (total of electricity, water, garbage removal) or Insurance increase in excess of 5% during any calendar year of this Lease over the previous calendar year, Tenant will be charged its proportionate share of such increase over 5%. Tenant's share of such increased costs shall be determined by multiplying the increase over 5% by a fraction, the numerator of which shall be the square footage of the Tenant's Premises and the denominator of which shall be the total leased space of the Building as reasonably determined by Landlord. For years where occupancy is less than a calendar year, Tenant's proportionate share, if any, will be prorated accordingly. (b) All Gross Rent and other amounts due to Sublandlord pursuant to the terms of this Sublease (i) shall be due and payable on or before the first day of each month of the term of this Sublease, (ii) shall be paid without setoff or deduction whatsoever, except as otherwise set forth herein, and (iii) shall be paid to Sublandlord at the office of B/E Aerospace, Inc. at ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇ or via wire transfer to B/E Aerospace, Inc., Account #304192856, JPMorgan Chase Bank New York, SWIFT: ▇▇▇▇▇▇▇▇, ABA #▇▇▇▇▇▇▇▇▇, CHIP UID: 002 or at such other place as Sublandlord may designate by notice to Subtenant. (c) If any installment of Gross Rent or other amount due to Sublandlord pursuant to the terms of this Sublease is not paid within five (5) business days of the date when due, an administrative fee equal to the Late Charge (as defined in the Prime Lease) multiplied by such past due amount may, in Sublandlord’s sole discretion, be charged to Subtenant. (d) All past due installments of Gross Rent and other amounts due to Sublandlord pursuant to the terms of this Sublease and more than thirty (30) days past due shall bear interest from the date due until paid at the Default Rate (as defined in the Prime Lease). (e) Subtenant shall pay directly to Landlord on the due dates for services requested by Subtenant which are billed by Landlord directly to Subtenant rather than by Sublandlord.

Gross Rent. For Commencing on the first year of Reduction Commencement Date, the Term “Reduced Gross Rent” (12 months' occupancy), Tenant shall pay to Landlord Twenty Six Thousand Four Hundred Twenty Nine and 00/100 Dollars ($26,429.00) as gross rent ($13.00 per rentable square footherein so called) for the Premises (throughout the "Annual Expiration Date shall be as follows: Reduction Commencement Date- March 31, 2011 $240,000.00 $20,000.00 April 1, 2011- March 31, 2012 $240,000.00 $20,000.00 April 1, 2012- Expiration Date $240,000.00 $20,000.00 The Reduced Gross Rent")Rent shall be due and payable in equal monthly installments, with each such installment being due and payable on the first day of each calendar month month, in advance, without demand and without setoff or deduction whatsoever. In addition, the Reduced Gross Rent shall be due and payable regardless of whether Tenant is occupying the Reduced Premises and/or whether or not Landlord has relet the Reduced Premises upon Tenant’s vacation or desertion of same; it being the express intention of Landlord and Tenant that the Reduced Gross Rent be guaranteed rent. Tenant has paid Landlord a security deposit equal to $20,000.00 (first month's Rent and the “Security Deposit due upon Tenants' Deposit”), concurrently with the execution of this Lease) during Amendment, which sum shall be retained by Landlord as security for Tenant’s full, timely and faithful performance of all of Tenant’s obligations hereunder, including, but not limited to, the first year payment of the Term at Two Thousand Two Hundred Two and 42/100 Dollars ($2,202.42 ) per month ("Monthly Rent") together with any and all applicable sales and other taxes now or later enacted. Tenant covenants to pay without notice, deduction, set-off or abatement to Landlord the Annual Gross Rent. All sums due and payable by Tenant shall not be entitled to any interest upon the Security Deposit, nor shall Landlord under be required to segregate or hold the terms Security Deposit separate from Landlord’s other funds, but shall carry such sum as a bookkeeping entry only. In the event that Tenant shall fully perform the covenants and provisions of this the Lease as amended, Landlord shall constitute "Additional Rent" under this Lease. All checks refund the Security Deposit, or negotiable drafts for Monthly Rent and any Additional Rent are to be made payable to the order of Landlord and mailed or hand delivered to Landlord's office or to any other office so designated by Landlord. If the Commencement Date is not on the first day of a calendar month, the first payment due and payable shall include a per diem proration payment for such partial calendar month together with Monthly Rent for the month next following the Commencement Date. Commencing in the second (2nd) Lease Year (after 12 months of occupancy), and each Lease Year thereafter, the Annual Gross Rent shall escalate on the basis of five percent (5%) over the previous Lease Year's Annual Gross Rent plus applicable sales and other taxes thereon, now existing or later enacted. However, if the amount of Real Estate Taxes, Utilities (total of electricity, water, garbage removal) or Insurance increase in excess of 5% during any calendar year of this Lease over the previous calendar year, Tenant will be charged its proportionate share of such increase over 5%. Tenant's share of such increased costs shall be determined by multiplying the increase over 5% by a fraction, the numerator of which shall be the square footage of the Tenant's Premises and the denominator of which shall be the total leased space of the Building as reasonably determined by Landlord. For years where occupancy is less than a calendar year, Tenant's proportionate shareunused balance thereof, if any, will be prorated accordinglyto Tenant within thirty (30) days after the expiration or sooner termination of the term of the Lease.

Gross Rent. For During the first year of the Term (12 months' occupancy)Term, Tenant Subtenant shall pay to Landlord Twenty Six Thousand Four Hundred Twenty Nine Sublandlord a monthly rent in the amount of $34,507.00 per month, payable in advance, without demand, notice or offset, commencing on the Commencement Date and 00/100 Dollars ($26,429.00) as gross rent ($13.00 per rentable square foot) for the Premises (the "Annual Gross Rent"), due and payable on or before the first day of each calendar month (first month's Rent and Security Deposit due upon Tenants' execution of this Lease) thereafter during the first year of Term. Rent shall be paid by wire transfer or ACH transfer in accordance with payment instructions provided by Sublandlord. Rent shall be prorated for any partial months occurring during the Term at Two Thousand Two Hundred Two hereof. This Sublease is and 42/100 Dollars ($2,202.42 ) per month ("Monthly Rent") together with any and all applicable sales and other taxes now or later enacted. Tenant covenants to pay without notice, deduction, set-off or abatement to Landlord the Gross Rent. All sums due and payable by Tenant to Landlord under the terms and provisions of this Lease shall constitute "Additional Rent" under this Lease. All checks or negotiable drafts for Monthly Rent be a “gross” sublease and any Additional Rent are to be made payable costs and expenses in connection with, arising out of, or with respect to the order Premises not specifically stated herein as the responsibility of Landlord and mailed or hand delivered to Landlord's office or to any other office so designated by Landlord. If the Commencement Date is not on the first day of a calendar month, the first payment due and payable shall include a per diem proration payment for such partial calendar month together with Monthly Rent for the month next following the Commencement Date. Commencing in the second (2nd) Lease Year (after 12 months of occupancy), and each Lease Year thereafter, the Annual Gross Rent shall escalate on the basis of five percent (5%) over the previous Lease Year's Annual Gross Rent plus applicable sales and other taxes thereon, now existing or later enacted. However, if the amount of Real Estate Taxes, Utilities (total of electricity, water, garbage removal) or Insurance increase in excess of 5% during any calendar year of this Lease over the previous calendar year, Tenant will be charged its proportionate share of such increase over 5%. Tenant's share of such increased costs shall be determined by multiplying the increase over 5% by a fraction, the numerator of which Subtenant shall be the square footage sole responsibility of Sublandlord and Sublandlord shall be liable therefor, including, without limitation, use of the Tenant's compressed air system, all maintenance and repair costs, utility expenses, property insurance and real estate taxes. Notwithstanding the foregoing, if, pursuant to any provisions of the Prime Lease, any payments to Prime Landlord for services or other charges allocable in whole or in part to the Subleased Premises and the denominator of which shall be the total leased space payable because of services ordered by Subtenant, activities undertaken by or on behalf of Subtenant, Subtenant’s use or occupancy of the Building Subleased Premises or Subtenant’s breach of, or default under, the Prime Lease, then Subtenant shall promptly pay to Sublandlord or Prime Landlord, as reasonably determined appropriate, all such payments or other charges to the extent allocable to the Subleased Premises or to Subtenant. In addition to and not in limitation of any other remedies for non-payment of rent or other charges, any payment of rent or other charges not received within ten (10) calendar days after the date it is due shall bear interest from the due date until paid at a rate equal to the lesser of (a) the prime commercial rate being published in the Wall Street Journal on the date due plus two percent (2%) per annum or (b) the highest rate permitted by Landlordapplicable law. For years where occupancy is less than a calendar yearIn addition, Tenant's proportionate share, if any, will Subtenant shall be prorated accordinglyobligated to reimburse Sublandlord for any reasonable costs of collection (including reasonable attorney’s fees) in connection with such unpaid amounts. All of Subtenant’s obligations to pay all rental or monies due in or under this Sublease shall survive the expiration or earlier termination of this Sublease.

Gross Rent. For the first year of the Term (12 months' occupancy), Tenant a) Subtenant shall pay to Landlord Twenty Six Thousand Four Hundred Twenty Nine and 00/100 Dollars Sublandlord gross annual rental ($26,429.00) as gross rent ($13.00 per rentable square foot"Gross Rent") for the Sublease Premises (the "as follows: Annual Gross Rent"), Rent Rate Per Square Foot Annual Gross Rent Monthly Installments ---------------------------- ------------------------ ----------------------- $8.50 $125,043.50 $10,420.29 ---------------------------- ------------------------ ----------------------- Annual Gross Rent shall be due and payable in twelve (12) equal installments. Each such installment shall be due and payable in advance on the first (1st) day of each calendar month (first month's Rent and Security Deposit due upon Tenants' execution of the term of this Lease) during the first year of the Term at Two Thousand Two Hundred Two and 42/100 Dollars ($2,202.42 ) per month ("Monthly Rent") together with any and all applicable sales and other taxes now or later enacted. Tenant covenants to pay without notice, deduction, set-off or abatement to Landlord the Gross Rent. All sums due and payable by Tenant to Landlord under the terms and provisions of this Lease shall constitute "Additional Rent" under this Lease. All checks or negotiable drafts for Monthly Rent and any Additional Rent are to be made payable to the order of Landlord and mailed or hand delivered to Landlord's office or to any other office so designated by LandlordSublease. If the Commencement Date is not term of this Sublease commences on a day other than the first (1st) day of a calendar month or ends on a day other than the last day of a month, the first payment due and payable shall include a per diem proration payment Gross Rent for such partial calendar month together with Monthly shall be prorated. Prorated Gross Rent for any such partial first (1st) month of the month next following term hereof shall be paid on the Commencement Date. Commencing in the second . (2ndb) Lease Year (after 12 months of occupancy), and each Lease Year thereafter, the Annual All Gross Rent and additional rent shall escalate on the basis of five percent be paid without counterclaim, setoff or deduction whatsoever and shall be paid to Sublandlord at its address for notices or at such other place as Sublandlord may designate by notice to Subtenant. (5%c) over the previous Lease Year's Annual Sublandlord shall provide to Subtenant a credit to be applied to Gross Rent plus applicable sales ("Rent Credit") equal to $4,900 for the cost of certain HVAC modifications that Subtenant reasonably deems to be necessary, upon receipt by Sublandlord of an invoice for the HVAC modifications and other taxes thereon, now existing or later enactedwritten evidence (satisfactory to Sublandlord) that Subtenant has paid such invoice in full. However, if the amount of Real Estate Taxes, Utilities (total of electricity, water, garbage removal) or Insurance increase in excess of 5% during any calendar year of this Lease over the previous calendar year, Tenant will be charged its proportionate share of such increase over 5%. Tenant's share of such increased costs The Rent Credit shall be determined by multiplying applied to the increase over 5% by a fraction, the numerator first monthly installment of which shall be the square footage Gross Rent following Sublandlord's receipt of the Tenant's Premises invoice and the denominator evidence of which shall be the total leased space of the Building as reasonably determined by Landlord. For years where occupancy is less than a calendar year, Tenant's proportionate share, if any, will be prorated accordinglypayment.