LEASE CONSTRUCTION PROVISIONS. To the extent not inconsistent with this Exhibit, Paragraph 7 of this Lease shall govern the performance of the Work and Landlord’s and Tenant’s respective rights and obligations regarding the improvements installed pursuant thereto. EXHIBIT “C-1”

LEASE CONSTRUCTION PROVISIONS. To the extent not inconsistent with this Exhibit, Paragraph 7 of the Lease shall govern the performance of the Work and the Landlord’s and Tenant’s respective rights and obligations regarding the improvements installed pursuant thereto. BASIC LEASE INFORMATION Lease Date: September 22, 2003 Tenant: Xxxxxx Equipment Company Tenant’s Address: 00000 Xxxxxxxx Xxxxx Rd. Suite 300 St. Louis, Missouri 63017 Contact: Xxxxx Xxxxx; Telephone: (000) 000-0000 Landlord: Alliance Gateway No. 58, Ltd. Landlord’s Address: c/o Hillwood Development Company, LLC 00000 Xxxxxxxx Xxxxxxx, Xxxxx 000 Xxxx Xxxxx, Xxxxx 00000 Attn: Xxxx Xxxxxx With copy to: Hillwood Development Company, LLC Three Lincoln Centre 0000 XXX Xxxxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 Attn: Xxx Xxxxx Contact: Xxxx Xxxxxx; Telephone: (000) 000-0000 Premises: As indicated by the cross-hatched area on Exhibit “A” attached to the Lease, situated in the building commonly known, or to be known, as Alliance Gateway 58 (the “Building”) located or to be located on the land more particularly described on Exhibit “B” attached to the Lease (the “Land”). Project: Collectively, the Land, the Building and all other buildings, structures and Improvements situated on the Land at any time during the Term. Term: Sixty-three (63) months, commencing on the Commencement Date (which is estimated to be December 11, 2003) and ending at 5:00 p.m. on the last day of the sixty-third (63rd) full month following the Commencement Date, subject to adjustment and earlier termination as provided in the Lease. Base Rent: Monthly Annual Per Square Foot Months Base Rent Base Rent Per Annum 1 —3 $ 0.00 $ 0.00 $ 0.00 4—63 $ 42,184.17 $ 506,210.00 * $ 4.46 (Subject to adjustment as provided in the Lease) * Annual Base Rent for the first year of the Term of this Lease shall be $379,657.49. Initial Tenant’s proportionate share of Taxes: $7,945.00 per month Initial Tenant’s proportionate share of cost of insurance under Paragraph 10A: $662.08 per month Initial Tenant’s proportionate share of Common Area Charges: $ 3,026.67 per month Security Deposit: $53,817.91 and the Letter of Credit (as defined in Paragraph 2B) Tenant’s Proportionate Share: 40.79% which is the percentage obtained by dividing (i) the 113,500 square feet of area in the Premises by (ii) the 278,333 square feet of area in the Building. Broker or Agent: Xxxxxx Xxxxx, Xxxxx X. Xxxxxx The foregoing Basic Lease Information is incorporated into and made a part of the Lease identified above...

LEASE CONSTRUCTION PROVISIONS. To the extent not inconsistent with this Exhibit, Paragraph 7 of this Lease shall govern the performance of the Work and the Landlord's and Tenant's respective rights and obligations regarding the improvements installed pursuant thereto. EXHIBIT "C-1" [Intentionally Omitted] EXHIBIT C-2 [FLOORPLAN] [AMERITRADE FLOORPLAN] EXHIBIT "C-3" [Intentionally Omitted] EXHIBIT "C-4" ALLIANCE GATEWAY-PHASE I ASSOCIATION 13600 Xxxxxxxx Xxxxxxx Xxxxx 000 Xxxx Xxxxx, XX 00000 Marcx 0, 0000 Xx: Proposed Building Signage, Ameritrade Gateway No. 00 & Xx. 00 Xxxxxxxx Xxxxxxx, Xxxx Xxxxx Xxar Jack: Xhe Alliance Gateway-Phase I Association's Development Review Board ("DRB") has reviewed the conceptual building signage for Ameritrade at the above-referenced locations. A complete package of the drawings submitted has been enclosed with comments for your review and consideration. Either internally illuminated individual letters or reverse channel silhouette illuminated letter signage will be acceptable. Whichever style is selected should be used on both buildings. Only one building mounted sign will be allowed on each building. In both cases the signage should be positioned generally in the upper third and corner position of the building fascia. Maximum signage height will be 24 inches. Signworks Design No. 16484d

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Law; Construction This Agreement and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of or in any way relating to this Agreement (“Claim”), directly or indirectly, shall be governed by, and construed in accordance with, the internal laws of the State of New York.
Covenants and Conditions; Construction of Agreement All provisions of this Lease to be observed or performed by Lessee are both covenants and conditions. In construing this Lease, all headings and titles are for the convenience of the Parties only and shall not be considered a part of this Lease. Whenever required by the context, the singular shall include the plural and vice versa. This Lease shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it.
General Construction 20.2.1. Binding Nature.............................................. 20.2.2. Entire Agreement............................................ 20.2.3. Governing Law............................................... 20.2.4. Indulgences Not Waivers..................................... 20.2.5. Titles Not to Affect Interpretation......................... 20.2.6.
Language Construction The language in all parts of this Agreement shall be construed, in all cases, according to its fair meaning, and not for or against either party hereto. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
Application of construction and interpretation provisions of Loan Agreement Clauses 1.2 and 1.5 of the Loan Agreement apply, with any necessary modifications, to this Agreement.
Initial Construction Landlord shall fully construct the base Building in accordance with the preliminary base building plans, including, without limitation, floor plans, elevations and site plan(s) (collectively, the "PBBP") and Base Building Outline Specifications attached hereto as Exhibits B-1 and B-2, respectively (all of such work being collectively referred to as the "Landlord's Work"). In the event of differences between the PBBP or the Landlord's Plans (as hereinafter defined) and the Base Building Outline Specifications, the Base Building Outline Specifications shall govern and control until the Landlord's Plans (as hereinafter defined) are prepared. A complete set of final base Building plans and construction drawings and specifications, such drawings and specifications to include a detail schedule of core base Building finish items such as, but not limited to, carpets, doors, hardware, ceiling grids/tiles, lavatory fixtures, light fixtures, window blinds, lobby finishes and paint/wall coverings (collectively, the "Landlord's Plans") shall be prepared by Landlord, at its sole cost and expense. Landlord and Tenant agree to work together with Landlord's architect, Symmes Maini and McKex Xxxociates, Inc. in order to achieve a design that meets the standard set forth below. Furthermore, Landlord agrees to use good faith and diligent efforts to deliver the Landlord's Plans to Tenant on or before May 1, 2000. Upon receipt, Tenant shall have seven (7) business days to comment upon the Landlord's Plans. Landlord and Tenant shall use reasonable efforts to reach agreement on the Landlord's Plans as soon thereafter as possible. In reaching agreement, Landlord and Tenant shall each approve portions of the Landlord's Plans that are in acceptable form and shall note their respective objections to the portions that are unacceptable to each of them so as to enable Landlord to continue construction and order materials in a timely manner. In the event that Landlord's Plans conform with the PBBP, but Tenant does not approve the Landlord's Plans within seven (7) business days of receipt thereof from Landlord, then the Outside Delivery Date (as hereinafter defined) shall be extended for a number of days equal to the number of Tenant Plan Delay Days, as such term is hereinafter defined. The number of Tenant Plan Delay Days are defined as and shall be calculated by determining the actual number of days as certified by Landlord and its architect that the Term Commencement Date was delayed by such Tenant's failure to approve the Landlord's Plans within the required seven (7) business days. Landlord agrees to provide Tenant with written notice of such determination, such notice to include reasonable detail describing the cause of the delay and the number of Tenant Plan Delay Days as certified by Landlord and its architect. If Tenant and Tenant's Architect (as hereinafter defined)
Strict Construction The parties to this Agreement have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement will be construed as if drafted jointly by the parties, and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
General Construction Principles Words in any gender are deemed to include the other genders. The singular is deemed to include the plural and vice versa. The headings and underlined paragraph titles are for guidance only and have no significance in the interpretation of this Agreement.
Governing Law; Construction This Agreement and any claim, counterclaim or dispute of any kind or nature whatsoever arising out of or in any way relating to this Agreement (“Claim”), directly or indirectly, shall be governed by, and construed in accordance with, the laws of the State of New York. The section headings in this Agreement have been inserted as a matter of convenience of reference and are not a part of this Agreement.
Construction of Provisions Although certain provisions of this Agreement contain express language which precludes the Servicer's recovery of, or reimbursement for, expenses incurred hereunder, no inference to the contrary shall be drawn from absence of such, or similar, language in any other provision hereof regarding expenses.

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