Common use of Rental Payments Clause in Contracts

Rental Payments. Tenant shall pay Rent to Landlord for --------------- each month during the Lease Term as provided in this Lease. Rent shall be due and payable in advance on the first (1st) day of each month during the Lease Term. If the Commencement Date is a date other than the first (1st) day of a calendar month, the Rent for the portion of the calendar month in which the Commencement Date occurs shall be due and payable on the Commencement Date; and the Rent for such partial month shall be prorated based upon the number of days from the Commencement Date to the end of that calendar month. Rent for any partial month at the end of the Lease Term shall be prorated based upon the number of days from the beginning of that month to the end of the Lease Term. Rent shall be payable at the address for Landlord designated in the first (1st) paragraph of this Lease (or at such other address as may be designated by Landlord from time to time). Tenant shall pay all Rent under this Lease at the times and in the manner provided in this Lease, without abatement, notice, demand, counterclaim, or set-off except as otherwise provided for in this Lease.. Any charges or other sums payable by Tenant to Landlord under the terms of this Lease shall be considered as additional Rent. No payment by Tenant or receipt by Landlord of a lesser amount than the total amount of Rent then due shall be deemed to be other than on account of the earliest past due installment of Rent required to be paid under this Lease. No endorsement or statement on any check or in any letter accompanying any check or payment of Rent shall ever be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of the Rent then due or to pursue any other remedy available under this Lease, at law, or in equity.

Rental Payments. Tenant shall pay Rent to Landlord for --------------- each month during (a) Commencing on the Rental Commencement Date, and continuing thereafter throughout the Lease Term as provided Term, Tenant hereby agrees to pay all Rent due and payable under this Lease. As used in this Lease, the term "Rent" shall mean the Base Rental, Tenant's Forecast Additional Rental, Tenant's Additional Rental, and any other amounts that Tenant assumes or agrees to pay under the provisions of this Lease that are owed to Landlord, including without limitation any and all other sums that may become due by reason of any default of Tenant or failure on Tenant's part to comply with the agreements, terms, covenants and conditions of this Lease to be performed by Tenant. Rent Base Rental together with Tenant's Forecast Additional Rental shall be due and payable in advance twelve (12) equal installments on the first (1st) day of each month during the Lease Term. If the Commencement Date is a date other than the first (1st) day of a calendar month, commencing on the Rent for the portion of the calendar month in which the Rental Commencement Date occurs shall be due and payable on the Commencement Date; and the Rent for such partial month shall be prorated based upon the number of days from the Commencement Date to the end of that calendar month. Rent for any partial month at the end of continuing thereafter throughout the Lease Term shall be prorated based upon the number of days from the beginning of that month and any extensions or renewals thereof, and Tenant hereby agrees to the end of the Lease Term. pay such Rent shall be payable to Landlord at the Landlord's address for Landlord designated in the first (1st) paragraph of this Lease as provided herein (or at such other address as may be designated by Landlord from time to time)) monthly in advance. Tenant shall pay all Rent and other sums of money as shall become due from and payable by Tenant to Landlord under this Lease at the times and in the manner provided in this Lease, without abatement, notice, demand, counterclaim, or set-off or counterclaim except as otherwise provided for expressly set forth in this Lease.. Any charges or other sums payable by Tenant to Landlord under the terms of this Lease shall be considered as additional Rent. No payment by Tenant or receipt by Landlord of a lesser amount than the total amount of Rent then due shall be deemed to be other than on account of the earliest past due installment of Rent required to be paid under this Lease. No endorsement or statement on any check or in any letter accompanying any check or payment of Rent shall ever be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of the Rent then due or to pursue any other remedy available under this Lease, at law, or in equity.

Rental Payments. Tenant shall pay Rent to Landlord for --------------- each month during (a) Commencing on the Rental Commencement Date, and continuing thereafter throughout the Lease Term as provided Term, Tenant hereby agrees to pay all Rent due and payable under this Lease. As used in this Lease, the term "Rent" shall mean the Base Rental, Tenant's Forecast Additional Rental, Tenant's Additional Rental, and any other amounts that Tenant assumes or agrees to pay under the provisions of this Lease that are owed to Landlord, including without limitation any and all other sums that may become due by reason of any default of Tenant or failure on Tenant's part to comply with the agreements, terms, covenants and conditions of this Lease to be performed by Tenant. Rent Base Rental together with Tenant's Forecast Additional Rental shall be due and payable in advance twelve (12) equal installments on the first (1st) day of each month during the Lease Term. If the Commencement Date is a date other than the first (1st) day of a calendar month, commencing on the Rent for the portion of the calendar month in which the Rental Commencement Date occurs shall be due and payable on the Commencement Date; and the Rent for such partial month shall be prorated based upon the number of days from the Commencement Date to the end of that calendar month. Rent for any partial month at the end of continuing thereafter throughout the Lease Term shall be prorated based upon the number of days from the beginning of that month and any extensions or renewals thereof, and Tenant hereby agrees to the end of the Lease Term. pay such Rent shall be payable to Landlord at the Landlord's address for Landlord designated in the first (1st) paragraph of this Lease as provided herein (or at such other address as may be designated by Landlord from time to time)) monthly in advance. Tenant shall pay all Rent and other sums of money as shall become due from and payable by Tenant to Landlord under this Lease at the times and in the manner provided in this Lease, without abatement, notice, demand, counterclaim, or set-off except as otherwise provided for in this Lease.. Any charges or other sums payable by Tenant to Landlord under the terms of this Lease shall be considered as additional Rent. No payment by Tenant or receipt by Landlord of a lesser amount than the total amount of Rent then due shall be deemed to be other than on account of the earliest past due installment of Rent required to be paid under this Lease. No endorsement or statement on any check or in any letter accompanying any check or payment of Rent shall ever be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of the Rent then due or to pursue any other remedy available under this Lease, at law, or in equitycounterclaim.

Rental Payments. Tenant shall pay Rent base rent ("Base Rent") for the Premises to Landlord for --------------- throughout the Term on or before the first day of each calendar month during the Lease Term Term, without deduction or offset, in amount(s) set forth in Section 5 hereof, as provided adjusted in this Lease. Rent accordance with Section 6, except that Tenant shall be due and payable in advance on pay the first (1st) day of each month during the Lease Termmonthly installment concurrently with Tenant's execution hereof. If the Commencement Date is Term commences on a date day other than the first (1st) day of a calendar month, then the Base Rent for the portion of the calendar month in which the Commencement Date occurs shall be due and payable on the Commencement Date; and the Rent for such first partial month shall be prorated based upon the number of days from the Commencement Date to the end of that calendar monthequitably prorated. Rent for any partial month at the end of the Lease Term shall be prorated based upon the number of days from the beginning of that month to the end of the Lease Term. Rent shall be payable at the address for Landlord designated in the first (1st) paragraph of this Lease (or at such other address as may be designated by Landlord from time to time). Tenant shall pay all Rent under this Lease at the times and in the manner provided in this Lease, without abatement, notice, demand, counterclaim, or set-off except as otherwise provided for in this Lease.. Any charges or other All sums payable by Tenant to Landlord under the terms of this Lease hereunder shall be considered paid to Landlord, without deduction or offset, in lawful money of the United States of America, addressed to Landlord c/o Argus Commercial, 000 X. Xxxxxxxx Street, Suite 141, Los Angeles, California, 90071, or to such other person or at such other place as additional RentLandlord may from time to time designate in writing. No If any installment of Base Rent is not received by Landlord within ten (10) days after the date such installment is due, Tenant shall pay a late charge equal to eight percent (8%) of such installment and the installment and late charge shall bear interest at the highest rate permitted by law. Tenant recognizes and agrees that the late charge is intended to compensate Landlord for and is a reasonable estimate of the administrative, legal, bookkeeping and other expenses which will result from such delinquent rent payment, which costs and expenses would be extremely difficult and impractical to calculate. Any payment by Tenant or receipt by Landlord of a lesser amount than the total amount of Rent then due stipulated herein for Base Rent, additional rent or any other charge hereunder shall be deemed to be other than on account payment of the earliest past due installment of Rent required to be paid under this Leasestipulated rent, additional rent or other charge then due. No endorsement or statement on any a check or in any and no letter accompanying any check or payment of Rent shall ever be deemed an accord and satisfaction, and . Landlord may accept such any check or payment without prejudice to Landlord's right rights to recover the balance of the Rent rent, additional rent or other charges then due or to pursue any other remedy set forth in this Lease or available under this Lease, at law, law or in equity.

Rental Payments. Tenant shall pay Rent to Landlord for --------------- each month during (a) Commencing on the Rental Commencement Date, and continuing thereafter throughout the Lease Term as provided Term, Tenant hereby agrees to pay all Rent due and payable under this Lease. As used in this Lease, the term "Rent" shall mean the Base Rental, Tenant's Forecast Additional Rental, Tenant's Additional Rental, and any other amounts that Tenant assumes or agrees to pay under the provisions of this Lease that are owed to Landlord, including without limitation any and all other sums that may become due by reason of any default of Tenant or failure on Tenant's part to comply with the agreements, terms, covenants and conditions of this Lease to be performed by Tenant. Rent Base Rental together with Tenant's Forecast Additional Rental shall be due and payable in advance twelve (12) equal installments on the first (1st) day of each month during the Lease Term. If the Commencement Date is a date other than the first (1st) day of a calendar month, commencing on the Rent for the portion of the calendar month in which the Rental Commencement Date occurs shall be due and payable on the Commencement Date; and the Rent for such partial month shall be prorated based upon the number of days from the Commencement Date to the end of that calendar month. Rent for any partial month at the end of continuing thereafter throughout the Lease Term shall be prorated based upon the number of days from the beginning of that month and any extensions or renewals thereof, and Tenant hereby agrees to the end of the Lease Term. pay such Rent shall be payable to Landlord at the Landlord's address for Landlord designated in the first (1st) paragraph of this Lease as provided herein (or at such other address as may be designated in writing by Landlord from time to time)) monthly in advance. Tenant shall pay all Rent and other sums of money as shall become due from and payable by Tenant to Landlord under this Lease at the times and in the manner provided in this Lease, without abatement, notice, demand, counterclaim, or set-off except as otherwise provided for in this Lease.. Any charges or other sums payable by Tenant to Landlord under the terms of this Lease shall be considered as additional Rent. No payment by Tenant or receipt by Landlord of a lesser amount than the total amount of Rent then due shall be deemed to be other than on account of the earliest past due installment of Rent required to be paid under this Lease. No endorsement or statement on any check or in any letter accompanying any check or payment of Rent shall ever be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of the Rent then due or to pursue any other remedy available under this Lease, at law, or in equitycounterclaim.

Rental Payments. Tenant shall pay Rent to Landlord for --------------- each month during (a) Commencing on the Commencement Date and continuing thereafter throughout the Lease Term Term, Tenant agrees to the Base Rental as provided described in this LeaseSection 3.2, plus Tenant’s Forecast Additional Rental and Tenant’s Additional Rental as described in Section 3.3. Rent The Base Rental together with Tenant’s Forecast Additional Rental shall be due and payable in advance equal monthly installments, in advance, on the first (1st) day of each calendar month during the Lease Term. If the Commencement Date is a date other than the first (1st) day of a calendar month, the Rent for the portion of the calendar month in which the Commencement Date occurs shall be due and payable on the Commencement Date; and the Rent for Tenant agrees to pay such partial month shall be prorated based upon the number of days from the Commencement Date rent to the end of that calendar month. Rent for any partial month Landlord at the end of the Lease Term shall be prorated based upon the number of days from the beginning of that month to the end of the Lease Term. Rent shall be payable at the Landlord’s address for Landlord designated in the first (1st) paragraph of this Lease notice as provided herein (or at such other address as may be designated by Landlord from time to time). If the term of the Lease is deemed to have commenced on a date other than the first date of a calendar month, the expiration date of the primary term shall be extended so as to give effect to the full term specified in 2.1 above in addition to the remainder of the calendar month during which the Lease is deemed to have commenced. (b) If the Lease Term as described above commences on other than the first day of a calendar month or terminates on other than the last day of a calendar month, then the installments of Base Rental and Tenant’s Forecast Additional Rental for such month or months shall be prorated and the installment or installments so prorated shall be paid in advance. The payment for such prorated month shall be calculated by multiplying the monthly installment by a fraction, the numerator of which shall be the number of days of the Lease Term occurring during said commencement or termination month, as the case may be, and the denominator of which shall be the total number of days occurring in said commencement or termination month. Also, if the Lease Term commences or terminates on other than the first day of a calendar year, Tenant’s Additional Rental (defined below) shall be prorated for such commencement or termination year, as the case may be, by multiplying each by a fraction, the numerator of which shall be the number of days of the Lease Term during the commencement or termination year, as the case may be, and the denominator of which shall be 365, and the calculation described in Section 3.3(c) below shall be made as soon as possible after the termination of this Lease. Landlord and Tenant agree that the provisions relating to said calculation shall survive the termination of this Lease. (c) Tenant shall pay all Rent rent and other sums of money as same shall become due from and payable by Tenant to Landlord under this Lease at the times and in the manner provided in this Lease, without abatement, notice, demand, counterclaim, or set-off except as otherwise provided or counterclaim. (d) Tenant shall pay all applicable bank charges incurred by Landlord plus Twenty-five and No/100 Dollars ($25.00) for in each returned check. Tenant’s right to possession and all of Landlord’s obligations under this Lease.. Any charges Lease are expressly contingent on the prompt payment of rent, and the use of the Leased Premises is obtained only on the condition that rent is paid on time. Payment of rent by Tenant shall be an independent covenant. In the event Tenant has not timely paid rent or other sums payable due on two or more occasions, or in the event a check is returned for insufficient funds or no account, Landlord may thereafter require that all rent and other sums due be paid by cashier’s check, certified check, or money order, without further notice. (e) In the event that Tenant fails to pay any installment of Base Rental, or any Additional Rental or other sums of whatever nature owed by Tenant to Landlord under the terms of this Lease within ten (10) days of the date such amount is due, there shall be considered as additional Rent. No payment by Tenant or receipt by Landlord added to such unpaid amount a late charge of a lesser amount than the total amount of Rent then due shall be deemed to be other than on account ten percent (10%) of the earliest past due installment amount in order to compensate Landlord for the extra administrative expenses associated with the collection of Rent required such late payment. Tenant agrees to be paid pay Landlord interest on any past due amount owed under this Lease. No endorsement or statement on any check or in any letter accompanying any check or payment of Rent shall ever be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover Lease at the balance of maximum lawful rate allowed by applicable law from the Rent then date due or to pursue any other remedy available under this Lease, at law, or in equityuntil paid.

Rental Payments. Tenant (a) The Lessee covenants and agrees to make Rental Payments, exclusively from legally available funds, in lawful money of the United States of America, to the Lessor at its corporate trust office or such other office as the Lessor shall pay Rent to Landlord for --------------- each month designate during the Initial Term and each Renewal Term, in the amounts and on or before each Certificate Payment Date set forth in Schedule 4 hereto (or on any other date a Rental Payment is due with respect to the Project Site whether at stated maturity, upon prepayment or declaration of acceleration or otherwise), in funds which will be immediately available to the Lessor in the applicable subaccount of the Certificate Fund on the due dates. Each Rental Payment shall be in consideration for the use of the Project Site by the Lessee for the period from the effective date of this Lease Term as or the immediately preceding Rental Payment Date. All Rental Payments provided for in this Lease. Rent Section shall be due paid by the Lessee directly to the Lessor and payable shall be deposited in advance accordance with the provisions of the Indenture into the applicable subaccount of the Certificate Fund. The amounts deposited in the Certificate Fund shall be used and applied by the Lessor in the manner and for the purposes set forth in the Indenture. (b) There shall be credited against Rental Payments any amount held in the Certificate Fund on each Rental Payment Date, including the first portion of the proceeds of the sale of the Certificates which is deposited in the Certificate Fund. (1stc) day A portion of each month Rental Payment is to be paid as, and represents the payment of, interest on an obligation of the Lessee (the “Interest Component”), and Schedule 4 attached hereto sets forth the Interest Component of each Rental Payment during the Lease Term. If The Rental Payments and Option Purchase Price are to be recalculated by the Commencement Date is Lessor and the Lessee understands that the Rental Payment Schedule on Schedule 4 shall be revised from time to time in the event of a date partial prepayment of Certificates (other than any mandatory prepayments pursuant to the first (1st) day of a calendar monthIndenture). However, the Rent for the no portion of the calendar month Project Site may be released following the partial prepayment of the Certificates, the partial redemption of the Certificates, or the exercise of the option of purchase a portion of the Project unless the Insurer has provided its prior written consent. The Lessee hereby agrees to pay the Rental Payments in which accordance with the Commencement Date occurs Rental Payment Schedule attached as Schedule 4 as it may be revised from time to time by such amounts as are necessary to reflect the prepayment of the Principal Component represented by certain Certificates. Each Rental Payment shall be applied first as a payment of the Interest Component and then as a payment of the Principal Component and reduction of the Option Purchase Price as shown on Schedule 4. (d) If the Lessee fails to make any portion of the Rental Payments which are due under this Lease, the Lessee will immediately quit and payable on vacate the Commencement Date; Project Site, and the Rent Rental Payments (except for Rental Payments which have been theretofore appropriated and then available for such partial month purpose) shall be prorated based upon thereupon cease, it being understood between the number parties that neither the Lessee nor any agency or political subdivision thereof is obligated to make any Rental Payments which are due to the Lessor or the Option Purchase Price under this Lease except as provided herein. Should the Lessee fail to pay any portion of days the required Rental Payments or Additional Payments and then fail to immediately quit and vacate the Project Site, the Lessor in accordance with the Indenture may immediately bring legal action to evict the Lessee from the Commencement Date Project Site (and the Lessee shall, to the end of that calendar month. Rent extent permitted by law, pay as damages for any partial month at its failure to quit and vacate the end Project Site upon termination of the Lease Term shall be prorated based upon the number of days from the beginning of that month to the end of the Lease Term. Rent shall be payable at the address for Landlord designated in the first (1st) paragraph then current term of this Lease (or at such other address as may be designated by Landlord from time to time). Tenant shall pay all Rent under this Lease at the times and in the manner provided in this Lease, without abatement, notice, demand, counterclaim, or set-off except as otherwise provided for in this Lease.. Any charges or other sums payable by Tenant to Landlord under violation of the terms of this Lease shall be considered as additional Rent. No payment by Tenant or receipt by Landlord of an amount equal to the Rental Payments and Additional Payments otherwise payable during such term prorated on a lesser amount than the total amount of Rent then due shall be deemed daily basis) and commence proceedings to be other than on account of the earliest past due installment of Rent required to be paid exercise available rights and remedies under this Lease or the Base Lease. No endorsement judgment may be entered against the Lessee for failure to make any Rental Payments, Additional Payments or statement on any check or in any letter accompanying any check or payment of Rent shall ever be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of the Rent then due or to pursue any other remedy available Option Purchase Price under this Lease, at lawexcept to the extent that the Lessee has theretofore incurred liability to make any such payments through its actual use and occupancy of the Project Site, or in equitythrough its exercise of an option that renews this Lease for an additional Renewal Term for which moneys have been appropriated, or is otherwise obligated to make such payments pursuant to this Lease.

Rental Payments. Tenant shall pay Rent to Landlord for --------------- each month during (a) Commencing on the Rental Commencement Date, and continuing thereafter throughout the Lease Term as provided Term, Tenant hereby agrees to pay all Rent due and payable under this Lease. As used in this Lease, the term “Rent” shall mean the Base Rental, Tenant’s Forecast Additional Rental, Tenant’s Additional Rental, and any other amounts that Tenant assumes or agrees to pay under the provisions of this Lease that are owed to Landlord, including without limitation any and all other sums that may become due by reason of any default of Tenant or failure on tenant’s part to comply with the agreements, terms, covenants and conditions of this Lease to be performed by Tenant. Rent Base Rental together with Tenant’s Forecast Additional Rental shall be due and payable in advance twelve (12) equal installments on the first (1st) day of each month during the Lease Term. If the Commencement Date is a date other than the first (1st) day of a calendar month, commencing on the Rent for the portion of the calendar month in which the Rental Commencement Date occurs shall be due and payable on the Commencement Date; and the Rent for such partial month shall be prorated based upon the number of days from the Commencement Date to the end of that calendar month. Rent for any partial month at the end of continuing thereafter throughout the Lease Term shall be prorated based upon the number of days from the beginning of that month and any extensions or renewals thereof, and. Tenant hereby’ agrees to the end of the Lease Term. pay such Rent shall be payable to Landlord at the Landlord’s address for Landlord designated in the first (1st) paragraph of this Lease as provided herein (or at such other address as may be designated by Landlord from time to time)) monthly in advance. Tenant shall pay all Rent and other sums of money as shall become due from and payable by Tenant to Landlord under this Lease at the times and in the manner provided in this Lease, without abatement, notice, demand, counterclaim, or set-off or counterclaim except as to the extent otherwise provided for expressly set forth in this Lease.. Any charges . (b) If the Rental Commencement Date is other than the first day of a calendar month or if this Lease terminates on other sums payable than the last day of a calendar month, then the installments of Base Rental and Tenant’s Forecast Additional Rental for such month or months shall be prorated on a daily basis and the installment or installments so prorated shall be paid in advance. Also, if the Rental Commencement Date occurs on other than the first day of a calendar year, or if this Lease expires or is terminated on other than the last day of a calendar year, Tenant’s Additional Rental shall be prorated for such commencement or termination year, as the case may be, by multiplying such Tenant’s Additional Rental by a fraction, the numerator of which shall be the number of days of the Lease Term (from and after the Rental Commencement Date) during the commencement or expiration or termination year, as the case may be, and the denominator of which shall be 365, and the calculation described in Article 8 hereof shall be made as soon as possible after the expiration or termination of this Lease, Landlord and Tenant hereby agreeing that the provisions relating to Landlord under said calculation shall survive the expiration or termination of this Lease. (c) As security for Tenant’s obligations to take possession of the Demised Premises in accordance with the terms of this Lease and to comply with all of Tenant’s covenants, warranties and agreements hereunder, Tenant has deposited with Landlord the sum set forth in Article 1(j) above. Such amount shall be considered as additional Rent. No payment by Tenant or receipt applied by Landlord to the first monthly installment(s) of a lesser amount than Base Rental as they become due hereunder. In the total amount event Tenant fails to take possession of Rent then due the Demised Premises as aforesaid or otherwise fails to comply with any of Tenant’s covenants, warranties or agreements hereunder, said sum shall be deemed to retained by Landlord for application in reduction, but not in satisfaction, of damages suffered by Landlord as a result of such breach by Tenant. Landlord shall not be other than on account of the earliest past due installment of Rent required to be paid under this Lease. No endorsement or statement on any check or in any letter accompanying any check or payment of Rent shall ever be deemed an accord and satisfaction, and Landlord may accept keep such check or payment without prejudice to Landlord's right to recover the balance of the Rent then due or to pursue any other remedy available under this Lease, at law, or in equitydeposit separate from its general accounts.

Rental Payments. (a) Commencing on the Commencement Date, and continuing thereafter throughout the term of this Lease, Tenant hereby agrees to pay the Base Rental (defined below) in accordance with this Section and Section 2.02, and Tenant's Forecast Additional Rental (defined below) and Tenant's Additional Rental Adjustment (defined below) in accordance with this Section and Section 2.03. Upon execution of this Lease by Tenant, Tenant shall pay Rent deliver to Landlord the installment of Base Rental for --------------- each the first full month during of the Lease Term in which Base Rental is not abated (i.e., the first full month of the Lease in which Base Rental exceeds Zero Dollars) together with (i) if the Commencement Date is not the first day of the month, the prorated Base Rental installment for the first partial month of the Lease term in which Base Rental is actually owed, calculated as provided in Section 2.01(b) and (ii) the Security Deposit required to be paid under Section 2.05. For purposes of this Lease, the Base Rental, Tenant's Additional Rental, Tenant’s Forecast Additional Rental, Tenant's Additional Rental Adjustment and the Parking Rent (defined below), and installments of the foregoing, are individually and collectively referred to as "Rent". Rent The Base Rental and Tenant's Forecast Additional Rental shall be due and payable in advance in equal monthly installments, sufficient to fully pay the Base Rental and Tenant's Forecast Additional Rental, respectively, for the year or partial year in question, on the first (1st) day of each month during the Lease Term. If the Commencement Date is a date other than the first (1st) day of a calendar month, the Rent for the portion of the calendar month in which the Commencement Date occurs shall be due and payable on the Commencement Date; and the Rent for such partial month shall be prorated based upon the number of days from the Commencement Date to the end of that calendar month. Rent for any partial month at the end of the Lease Term shall be prorated based upon the number of days from the beginning of that month to the end of the Lease Term. Rent shall be payable at the address for Landlord designated in the first (1st) paragraph initial term of this Lease and any extensions or renewals hereof. Tenant agrees to so pay all Rent to Landlord at Landlord's address as provided herein (or at such other address as may be designated by Landlord from time to time). (b) If the Commencement Date is other than the first day of a month then the installments of Base Rental and Tenant's Forecast Additional Rental for such month or months shall be prorated and the installment or installments so prorated shall be paid in advance on the date of this Lease. Said installments for such prorated month or months shall be calculated by multiplying the appropriate monthly installment by a fraction, the numerator of which shall be the number of days of the Lease term occurring during said commencement or termination month, as the case may be, and the denominator of which shall be thirty (30). If this Lease commences or terminates on other than the first day of a year, the Base Rental, Tenant's Forecast Additional Rental and Tenant's Additional Rental shall be prorated for such commencement or termination year, as the case may be, by multiplying the Base Rental, Tenant's Forecast Additional Rental, and Tenant's Additional Rental, respectively, by a fraction, the numerator of which shall be the number of whole and partial months of the Lease term during the commencement or termination year, as the case may be, and the denominator of which shall be twelve (12). In such event, the calculation described in Section 2.03(d) shall be made as soon as possible after the termination of this Lease. The provisions of this Section 2.01(b) shall survive the termination of this Lease. 175368 2031.0 Synthesis Energy Systems – 12.7.07 (c) Tenant shall agrees to pay all Rent and other sums of money as shall become due from and payable by Tenant to Landlord under this Lease at the times and in the manner provided in this Lease, without abatement, notice, demand, counterclaim, or set-off except as otherwise provided for in this Lease.. Any charges or counterclaim. All Rent and other sums payable of whatever nature owed by Tenant to Landlord under the terms of this Lease shall be considered as additional Rent. No payment bear interest from the fifth (5th) day after the due date thereof until paid at the lesser of eighteen percent (18%) per annum, or the maximum interest rate per annum allowed by Tenant or receipt by Landlord of a lesser amount than the total amount of Rent then due shall be deemed to be other than on account of the earliest past due installment of Rent required to be paid under this Lease. No endorsement or statement on any check or law. (d) As used in any letter accompanying any check or payment of Rent shall ever be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of the Rent then due or to pursue any other remedy available under this Lease, at law, or in equity."

Rental Payments. 2.10.1 Tenant will promptly pay all rentals and other charges and render all statements herein prescribed. Any rental payment not received by Landlord within three (3) business days of its due date shall incur a “late charge” equal to five percent (5%) of such payment to compensate Landlord for its administrative expenses in connection with such late payment. When rental payments are delivered by Tenant through the mails, Tenant shall pay Rent to Landlord for --------------- each month during the Lease Term as provided in this Lease. Rent shall be due and payable mail such payments sufficiently in advance so that the Landlord will receive the payments on or before the first (1st) day of each the calendar month during or on or before the Lease Term. If due date in the Commencement Date event the due date is a date other than the first (1st) day of a calendar month. If Landlord shall pay any moneys, or incur any expenses in correction of any violation of any covenant or of any other obligation of Tenant herein set forth or implied herein, the Rent for amounts so paid or incurred shall, at Landlord’s option and on notice to Tenant, be considered additional rentals payable by Tenant, with the portion first installment of the calendar month in which the Commencement Date occurs shall be rental thereafter to become due and payable on payable, and may be collected or enforced as by law provided in respect to rentals. Notwithstanding the Commencement Date; foregoing, Tenant shall have one (1) late payment per each Lease Year free of any late fees. 2.10.2 In the event any payment of Rent, whether Base rent or Additional Rent, is made by check and the Rent for such partial month check is returned to Landlord due to insufficient funds, Landlord shall have the right, upon written notice to Tenant, to require all future rent payments to be prorated based upon the number of days from the Commencement Date made by cashier’s check. If this right is exercised by Landlord, attempted payment by means other than cashier’s check shall not be deemed a payment pursuant to the end of that calendar month. Rent for any partial month at the end of the Lease Term shall be prorated based upon the number of days from the beginning of that month to the end of the Lease Term. Rent shall be payable at the address for Landlord designated in the first (1st) paragraph of this Lease (or at such other address as may be designated by Landlord from time to time). Tenant shall pay all Rent under this Lease at the times and in the manner provided in this Lease, without abatementunless the Landlord, noticein writing, demand, counterclaim, or set-off except as otherwise provided for in this Lease.. Any charges or other sums payable by Tenant to Landlord under revokes the terms of this Lease shall be considered as additional Rent. No payment by Tenant or receipt by Landlord requirement of a lesser amount than the total amount of Rent then due shall be deemed to be other than on account of the earliest past due installment of Rent required to be paid under this Lease. No endorsement or statement on any check or in any letter accompanying any check or payment of Rent shall ever be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of the Rent then due or to pursue any other remedy available under this Lease, at law, or in equitycashier’s check.

Rental Payments. Tenant shall pay Rent to Landlord for --------------- each month during (a) Effective upon the Rental Commencement Date, and continuing thereafter throughout the Lease Term as Term, Tenant covenants and agrees to pay Landlord, all Rent due and payable under this Lease, at the times and in the manner provided in this Lease. As used in this Lease, the term "Rent" shall mean the Base Rental (as hereinafter defined), Tenant's Forecast Additional Rental (as hereinafter defined), Tenant's Additional Rental (as hereinafter defined), and any other amounts that Tenant assumes or agrees to pay under the provisions of this Lease that are owed to Landlord, including without limitation any and all other sums that may become due by reason of any default of Tenant or failure on Tenant's part to comply with the agreements, terms, covenants and conditions of this Lease to be performed by Tenant. For both Tenant's and Landlord's accounting purposes, it is agreed that Rent charges of every kind herein set forth shall begin to accrue on the Rental Commencement Date and continue throughout the Lease Term and any extensions or renewals thereof. With regard to payments of Base Rental and Tenant's Forecast Additional Rental, the first installment shall be due and payable due, in advance advance, on the Rental Commencement Date. Each subsequent installment, in an amount equal to one twelfth (1/12) of the annual rate, shall be due, in advance, on the first (1st) day of each month during next ensuing after the Lease Term. If the Commencement Date is a date other than the first (1st) day of a calendar month, the Rent for the portion of the calendar month in which the Commencement Date occurs shall be due and payable on the Rental Commencement Date; , and the Rent for such partial month shall be prorated based upon the number of days from the Commencement Date to the end of that calendar month. Rent for any partial month at the end of continuing thereafter throughout the Lease Term and any extensions or renewals thereof. All Rent payable by Tenant hereunder to Landlord shall be prorated based upon the number of days from the beginning of that month to the end paid, in lawful money of the Lease Term. Rent shall be payable United States of America, to Landlord at the address provided for Landlord designated in the first (1st) paragraph payment of this Lease (Rent or at to such other payee or address as Landlord may be designated by Landlord from time designate in writing to time)Tenant. Tenant shall pay all Rent and other sums of money as shall become due from and payable by Tenant to Landlord under this Lease at the times and in the manner provided in this Lease, without abatement, notice, demand, counterclaimdeduction, or set-off except as otherwise provided for in this Lease.. Any charges or other sums payable by Tenant to Landlord under the terms of this Lease shall be considered as additional Rent. No payment by Tenant or receipt by Landlord of a lesser amount than the total amount of Rent then due shall be deemed to be other than on account of the earliest past due installment of Rent required to be paid under this Lease. No endorsement or statement on any check or in any letter accompanying any check or payment of Rent shall ever be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of the Rent then due or to pursue any other remedy available under this Lease, at law, or in equitycounterclaim.

Rental Payments. Tenant (a) The Lessee covenants and agrees to make Rental Payments, exclusively from legally available funds, in lawful money of the United States of America, to the Lessor at its corporate trust office or such other office as the Lessor shall pay Rent to Landlord for --------------- each month designate during the Initial Term and each Renewal Term, in the amounts and on or before each Certificate Payment Date set forth in Schedule 4 hereto (or on any other date a Rental Payment is due with respect to the Project Site whether at stated maturity, upon prepayment or declaration of acceleration or otherwise), in funds which will be immediately available to the Lessor in the applicable subaccount of the Certificate Fund on the due dates. Each Rental Payment shall be in consideration for the use of the Project Site by the Lessee for the period from the effective date of this Lease Term as or the immediately preceding Rental Payment Date. All Rental Payments provided for in this Lease. Rent Section shall be due paid by the Lessee directly to the Lessor and payable shall be deposited in advance accordance with the provisions of the Indenture into the applicable subaccount of the Certificate Fund. The amounts deposited in the Certificate Fund shall be used and applied by the Lessor in the manner and for the purposes set forth in the Indenture. (b) There shall be credited against Rental Payments any amount held in the Certificate Fund on each Rental Payment Date, including the first portion of the proceeds of the sale of the Certificates which is deposited in the Certificate Fund. (1stc) day A portion of each month Rental Payment is to be paid as, and represents the payment of, interest on an obligation of the Lessee (the “Interest Component”), and Schedule 4 attached hereto sets forth the Interest Component of each Rental Payment during the Lease Term. The Rental Payments and Option Purchase Price are to be recalculated by the Lessor and the Lessee understands that the Rental Payment Schedule on Schedule 4 shall be revised from time to time in the event of a partial prepayment of Certificates (other than any mandatory prepayments pursuant to the Indenture). The Lessee hereby agrees to pay the Rental Payments in accordance with the Rental Payment Schedule attached as Schedule 4 as it may be revised from time to time by such amounts as are necessary to reflect the prepayment of the Principal Component represented by certain Certificates. Each Rental Payment shall be applied first as a payment of the Interest Component and then as a payment of the Principal Component and reduction of the Option Purchase Price as shown on Schedule 4. (d) If the Commencement Date is a date other than the first (1st) day of a calendar month, the Rent for the Lessee fails to make any portion of the calendar month in Rental Payments which are due under this Lease, the Commencement Date occurs shall be due Lessee will immediately quit and payable on vacate the Commencement Date; Project Site, and the Rent Rental Payments (except for Rental Payments which have been theretofore appropriated and then available for such partial month purpose) shall be prorated based upon thereupon cease, it being understood between the number parties that neither the Lessee nor any agency or political subdivision thereof is obligated to make any Rental Payments which are due to the Lessor or the Option Purchase Price under this Lease except as provided herein. Should the Lessee fail to pay any portion of days the required Rental Payments or Additional Payments and then fail to immediately quit and vacate the Project Site, the Lessor in accordance with the Indenture may immediately bring legal action to evict the Lessee from the Commencement Date Project Site (and the Lessee shall, to the end of that calendar month. Rent extent permitted by law, pay as damages for any partial month at its failure to quit and vacate the end Project Site upon termination of the Lease Term shall be prorated based upon the number of days from the beginning of that month to the end of the Lease Term. Rent shall be payable at the address for Landlord designated in the first (1st) paragraph then current term of this Lease (or at such other address as may be designated by Landlord from time to time). Tenant shall pay all Rent under this Lease at the times and in the manner provided in this Lease, without abatement, notice, demand, counterclaim, or set-off except as otherwise provided for in this Lease.. Any charges or other sums payable by Tenant to Landlord under violation of the terms of this Lease shall be considered as additional Rent. No payment by Tenant or receipt by Landlord of an amount equal to the Rental Payments and Additional Payments otherwise payable during such term prorated on a lesser amount than the total amount of Rent then due shall be deemed daily basis) and commence proceedings to be other than on account of the earliest past due installment of Rent required to be paid exercise available rights and remedies under this Lease or the Base Lease. No endorsement judgment may be entered against the Lessee for failure to make any Rental Payments, Additional Payments or statement on any check or in any letter accompanying any check or payment of Rent shall ever be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of the Rent then due or to pursue any other remedy available Option Purchase Price under this Lease, at lawexcept to the extent that the Lessee has theretofore incurred liability to make any such payments through its actual use and occupancy of the Project Site, or in equitythrough its exercise of an option that renews this Lease for an additional Renewal Term for which moneys have been appropriated, or is otherwise obligated to make such payments pursuant to this Lease.

Rental Payments. (a) All payments other than fixed rent to be made by Tenant pursuant to this lease shall be deemed additional rent and, in the event of any non-payment thereof, Landlord shall have all rights and remedies provided for herein or by law for non-payment of rent. (b) All payments of fixed rent and additional rent to be made by Tenant pursuant to this lease shall be made by checks drawn upon a New York City bank which is a member of the New York Clearing House Association or any successor thereto or upon a commercial bank in a major city having a population of one million or more, or upon another commercial bank approved by Landlord. As of the date hereof, Landlord approves Tenant's use of Mellon Bank, N.A. for purposes of payments by Tenant of fixed rent and additional rent hereunder. If during any twelve (12) month period during the term of this lease, two or more checks tendered by Tenant for any payment due shall be dishonored by the payor bank, Landlord may at any time thereafter require that all future payments of rent by Tenant shall pay Rent be made by certified or official bank checks. (c) If Landlord receives from Tenant any payment less than the sum of the fixed rent and additional rent then due and owing pursuant to Landlord for --------------- each month during this lease, Tenant hereby waives its right, if any, to designate the Lease Term as provided in this Lease. Rent items to which such payment shall be applied and agrees that Landlord in its sole discretion may apply such payment in whole or in part to any fixed rent, any additional rent or to any combination thereof then due and payable hereunder. (d) Unless Landlord shall otherwise expressly agree in advance on the first (1st) day writing, acceptance of each month during the Lease Term. If the Commencement Date is a date fixed rent or additional rent from anyone other than the first (1st) day of a calendar month, the Rent for the portion of the calendar month in which the Commencement Date occurs shall be due and payable on the Commencement Date; and the Rent for such partial month shall be prorated based upon the number of days from the Commencement Date to the end of that calendar month. Rent for any partial month at the end of the Lease Term shall be prorated based upon the number of days from the beginning of that month to the end of the Lease Term. Rent shall be payable at the address for Landlord designated in the first (1st) paragraph of this Lease (or at such other address as may be designated by Landlord from time to time). Tenant shall pay all Rent not relieve Tenant of any of its obligations under this Lease lease, including the obligation to pay fixed rent and additional rent, and Landlord shall have the right at the times and in the manner provided in this Leaseany time, without abatementupon notice to Tenant, notice, demand, counterclaim, or set-off except as otherwise provided for in this Lease.. Any charges or other sums payable by to require Tenant to Landlord under pay the terms fixed rent and additional rent payable hereunder directly to Landlord. Furthermore, such acceptance of this Lease fixed rent or additional rent shall be considered as additional Rent. No payment by Tenant or receipt by Landlord of a lesser amount than the total amount of Rent then due shall not be deemed to be constitute Landlord's consent to an assignment of this lease or a subletting or other occupancy of the demised premises by anyone other than on account Tenant, nor a waiver of the earliest past due installment any of Rent required to be paid Landlord's rights or Tenant's obligations under this Lease. No endorsement lease. (e) Landlord's failure to timely bill xxx or statement on any check or in portion of any letter accompanying amount payable pursuant to this lease for any check or payment period during the term of Rent this lease shall ever be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to neither constitute a waiver of Landlord's right to recover the balance of the Rent then due ultimately collect such amount or to pursue bill Xxxant at any other remedy available under this Leasesubsequent time retroactively for the entire amount so unbilled, at lawwhich previously unbilled amount shall be payable within thirty (30) days after being so billed. Supplementing Article 28, any bills or in equity.statements for fixed rent or additional rent shall be deemed sufficiently given or rendered if sent by regular mail, postage prepaid

Rental Payments. Tenant shall pay Rent to Landlord for --------------- each month during (a) Commencing on the Rental Commencement Date, and continuing thereafter throughout the Lease Term as provided Tenn, Tenant hereby agrees to pay all Rent due and payable under this Lease; provided, however, in the event that Landlord fails to tender possession of the Demised Premises on or before the Rental Commencement Date for any reason other than an omission, delay or default of Tenant, then Base Rental shall abatx until Landlord tenders possession. As used in this Lease, the term "Rent" shall mean the Base Rental, Tenant's Forecast Additional Rental (as hereinafter defined), Tenant's Additional Rental (as hereinafter defined), and any other amounts that Tenant assumes or agrees to pay under the provisions of this Lease that are owed to Landlord, including without limitation any and all other sums that may become due by reason of any default of Tenant or failure on Tenant's part to comply with the agreements, terms, covenants and conditions of this Lease to be performed by Tenant. Rent Base Rental together with Tenant's Forecast Additional Rental shall be due and payable in advance twelve (12) equal installments on the first (1st) day of each month during the Lease Term. If the Commencement Date is a date other than the first (1st) day of a calendar month, commencing on the Rent for the portion of the calendar month in which the Rental Commencement Date occurs shall be due and payable on the Commencement Date; and the Rent for such partial month shall be prorated based upon the number of days from the Commencement Date to the end of that calendar month. Rent for any partial month at the end of continuing thereafter throughout the Lease Term shall be prorated based upon the number of days from the beginning of that month and any extensions or renewals thereof, and Tenant hereby agrees to the end of the Lease Term. pay such Rent shall be payable to Landlord at the Landlord's address for Landlord designated in the first (1st) paragraph of this Lease as provided herein (or at such other address as may be designated by Landlord from time to time)) monthly in advance. Tenant shall pay all Rent and other sums of money as the same shall become due from and payable by Tenant to Landlord under this Lease at the times and in the manner provided in this Lease, without abatement, notice, demand, counterclaim, or set-off except as otherwise provided for in this Lease.. Any charges or other sums payable by Tenant to Landlord under the terms of this Lease shall be considered as additional Rent. No payment by Tenant or receipt by Landlord of a lesser amount than the total amount of Rent then due shall be deemed to be other than on account of the earliest past due installment of Rent required to be paid under this Lease. No endorsement or statement on any check or in any letter accompanying any check or payment of Rent shall ever be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of the Rent then due or to pursue any other remedy available under this Lease, at law, or in equitycounterclaim.

Rental Payments. Tenant shall pay Rent to Landlord for --------------- each month during For the Lease Term as provided in this Lease. Rent shall be due and payable in advance period commencing on the first (1st) day of each month during the Lease Term. If the Commencement Date is a date other than the first (1st) day of a calendar month, the Rent for the portion of the calendar month in which the Commencement Date occurs shall be due hereof and payable ending on the Commencement Date; and the Rent for such partial month shall be prorated based upon the number earlier of days from the Commencement Date to the end of that calendar month. Rent for any partial month at (x) the end of the Site Lease Term and (y) the Lease Termination Date (but only if on such Lease Termination Date, no Event of Default or Lease Event of Default shall have occurred and be continuing), the rent payable by Site Lessee hereunder for the lease of the Site, the right to use the Easements and the grant of the easements granted pursuant to Article VIII hereof shall be prorated based $1 per year. Site Lessee agrees to pay the sum of $20 towards such rent in advance upon the number execution of days from this Site Lease. After the beginning Lease Termination Date (but only if on such Lease Termination Date, no Event of that month Default or Lease Event of Default shall have occurred and be continuing) to the end of the Site Lease Term, Site Lessee shall pay to Site Lessor, for the lease of the Site, the right to use the Easements and the grant of the easements granted pursuant to Article VIII hereof, the Fair Market Rental Value of the Site, the right to use the Easements and the grant of the easements granted pursuant to Article VIII hereof, for such period. Rent Such rent shall be payable at quarterly in arrears during the address for Landlord designated in period commencing on the first Lease Termination Date (1stbut only if on such Lease Termination Date, no Event of Default or Lease Event of Default shall have occurred and be continuing) paragraph of this Lease (or at such other address as may be designated by Landlord from time to time). Tenant shall pay all Rent under this Lease at and ending on the times and in the manner provided in this Lease, without abatement, notice, demand, counterclaim, or set-off except as otherwise provided for in this Lease.. Any charges or other sums payable by Tenant to Landlord under the terms of this Lease shall be considered as additional Rent. No payment by Tenant or receipt by Landlord of a lesser amount than the total amount of Rent then due shall be deemed to be other than on account last day of the earliest past due installment of Rent required to be paid under this Lease. No endorsement or statement on any check or in any letter accompanying any check or payment of Rent shall ever be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of the Rent then due or to pursue any other remedy available under this Lease, at law, or in equitySite Lease Term.

Rental Payments. Tenant shall pay Rent to Landlord for --------------- each month during For the Lease Term as provided in this Lease. Rent shall be due and payable in advance period commencing on the first (1st) day of each month during the Lease Term. If the Commencement Date is a date other than the first (1st) day of a calendar month, the Rent for the portion of the calendar month in which the Commencement Date occurs shall be due hereof and payable ending on the Commencement Date; and the Rent for such partial month shall be prorated based upon the number earlier of days from the Commencement Date to the end of that calendar month. Rent for any partial month at (x) the end of the Site Lease Term and (y) the Lease Termination Date (but only if on such Lease Termination Date, no Event of Default or Lease Event of Default shall have occurred and be continuing), the rent payable by Site Lessee hereunder for the lease of the Site and the grant of the easements granted pursuant to Article VIII hereof shall be prorated based $1 per year. Site Lessee agrees to pay the sum of $20 towards such rent in advance upon the number execution of days from this Site Lease. After the beginning Lease Termination Date (but only if on such Lease Termination Date, no Event of that month Default or Lease Event of Default shall have occurred and be continuing) to the end of the Site Lease Term, Site Lessee shall pay to Site Lessor, for the lease of the Site and the grant of the easements granted pursuant to Article VIII hereof, the Fair Market Rental Value of the Site and the grant of the easements granted pursuant to Article VIII hereof, for such period. Rent Such rent shall be payable at quarterly in arrears during the address for Landlord designated in period commencing on the first Lease Termination Date (1stbut only if on such Lease Termination Date, no Event of Default or Lease Event of Default shall have occurred and be continuing) paragraph of this Lease (or at such other address as may be designated by Landlord from time to time). Tenant shall pay all Rent under this Lease at and ending on the times and in the manner provided in this Lease, without abatement, notice, demand, counterclaim, or set-off except as otherwise provided for in this Lease.. Any charges or other sums payable by Tenant to Landlord under the terms of this Lease shall be considered as additional Rent. No payment by Tenant or receipt by Landlord of a lesser amount than the total amount of Rent then due shall be deemed to be other than on account last day of the earliest past due installment of Rent required to be paid under this Lease. No endorsement or statement on any check or in any letter accompanying any check or payment of Rent shall ever be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of the Rent then due or to pursue any other remedy available under this Lease, at law, or in equitySite Lease Term.

Rental Payments. Tenant shall pay Base Rent and Additional Rent to Landlord for --------------- each month during the Lease Term as provided in this Lease. Rent shall be due and payable in advance on the first (1st) day of each month during the Lease Term. If the Commencement Date is a date other than the first (1st) day of a calendar month, the Rent for the portion of the calendar month in which the Commencement Date occurs shall be due and payable on the Commencement Date; and the Rent for such partial month shall be prorated based upon the number of days from the Commencement Date to the end of that calendar month. Rent for any partial month at the end of the Lease Term shall be prorated based upon the number of days from the beginning of that month to the end of the Lease Term. Rent shall be payable at the address for Landlord designated in the first (1st) paragraph of this Lease (or at such other address as may be designated in writing by Landlord from time to time). Tenant shall pay all Rent under this Lease at the times and in the manner provided in this Lease, without abatement, notice, demand, counterclaim, or set-off off, except as otherwise provided for specifically set forth in this Lease.. . Any charges or other sums payable by Tenant to Landlord under the terms of this Lease shall be considered as additional Additional Rent. No payment by Tenant or receipt by Landlord of a lesser amount than the total amount of Rent then due shall be deemed to be other than on account of the earliest past due installment of Rent required to be paid under this Lease. No endorsement or statement on any check or in any letter accompanying any check or payment of Rent shall ever be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of the Rent then due or to pursue any other remedy available under this Lease, at law, or in equity.

Rental Payments. Tenant shall pay Rent to Landlord for --------------- each month during the Lease Term as provided in this Lease. Rent shall be due and payable in advance on the first (1st) day of each month during the Lease Term. If the Commencement Date is a date other than the first (1st) day of a calendar month, the Rent for the portion of the calendar month in which the Commencement Date occurs shall be due and payable on the Commencement Date; and the Rent for such partial month shall be prorated based upon the number of days from the Commencement Date to the end of that calendar month. Rent for any partial month at the end of the Lease Term shall be prorated based upon the number of days from the beginning of that month to the end of the Lease Term. Rent shall be payable at the address for Landlord designated in the first (1st) paragraph of this Lease (or at such other address as may be designated by Landlord from time to time). Tenant shall pay all Rent under this Lease at the times and in the manner provided in this Lease, without abatement, notice, demand, counterclaim, or set-off except as otherwise provided for in this Lease.. off. Any charges or other sums payable by Tenant to Landlord under the terms of this Lease shall be considered as additional Rent. No payment by Tenant or receipt by Landlord of a lesser amount than the total amount of Rent then due shall be deemed to be other than on account of the earliest past due installment of Rent required to be paid under this Lease. No endorsement or statement on any check or in any letter accompanying any check or payment of Rent shall ever be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's ’s right to recover the balance of the Rent then due or to pursue any other remedy available under this Lease, at law, or in equity.

Rental Payments. (a) Subject to subparagraph (d) below, commencing on the Commencement Date and continuing thereafter throughout the full Lease Term, Tenant shall hereby agrees to pay Rent to Landlord for --------------- each month during the Lease Term Base Rental (as provided defined hereinafter) and Tenant’s Forecast Additional Rental (as defined hereinafter) and Tenant’s Additional Rental Adjustment (as defined hereinafter) in accordance with this LeaseArticle. Rent The Base Rental and Tenant’s Forecast Additional Rental shall be due and payable in advance equal monthly installments on the first (1st) day of each calendar month during the Lease Term. If the Commencement Date is a date other than the first (1st) day of a calendar month, the Rent for the portion of the calendar month in which the Commencement Date occurs shall be due and payable on the Commencement Date; and the Rent for such partial month shall be prorated based upon the number of days from the Commencement Date to the end of that calendar month. Rent for any partial month at the end of the initial Lease Term shall be prorated based upon the number of days from the beginning of that month and any extensions or renewals hereof, and Tenant hereby agrees to the end of the Lease Term. Rent shall be payable so pay such rent to Landlord at the Landlord’s address for Landlord designated in the first (1st) paragraph of this Lease as provided herein (or at such other address as may be designated by Landlord from time to time) monthly in advance. (b) If the Commencement Date is other than the first day of a calendar month, then the installments of Base Rental and Tenant’s Forecast Additional Rental for such month shall be prorated and the installment or installments so prorated shall be paid in advance. Said installments for such prorated month shall be calculated by multiplying the equal monthly installment by a fraction, the numerator of which shall be the number of days of the Lease Term occurring during said commencement month, and the denominator of which shall be the total number of days in the commencement month. If the Lease Term commences or expires on a day other than the first day of a calendar year, Tenant’s Forecast Additional Rental and Tenant’s Additional Rental (as defined hereinafter) shall be prorated for such commencement or expiration year, as the case may be, by multiplying Tenant’s Forecast Additional Rental and Tenant’s Additional Rental by a fraction, the numerator of which shall be the number of whole and partial months of the Lease Term during the commencement or expiration year, as the case may be, and the denominator of which shall be twelve (12). In such event Tenant’s Additional Rental Adjustment shall be made as soon as reasonably possible after the termination of this Lease. (c) For purposes hereof, the term “Rental” shall mean and collectively refer to the Base Rental, Tenant’s Forecast Additional Rental, Tenant’s Additional Rental Adjustment and all other sums payable by Tenant shall hereunder. Tenant agrees to pay all Rent under this Lease Rental at the times and in the manner provided in this Lease, without abatement, demand, notice, demandsetoff, counterclaim, deduction or set-off counterclaim (except as may be otherwise expressly provided for in this Lease.. Any charges or other herein with respect to any of the foregoing), and all sums payable under this Lease by Tenant to Landlord under the terms of this Lease shall be considered as additional Rent. No payment by Tenant or receipt by Landlord of a lesser amount than the total amount of Rent then due shall be deemed to be other than on account Rental due and owing hereunder. All Rental shall bear interest from the fifth (5th) day after the date due thereof until paid at the lesser of (i) a per annum rate equal to the earliest past due installment of Rent required to be paid under this Lease. No endorsement or statement on any check or in any letter accompanying any check or payment of Rent shall ever be deemed an accord and satisfaction“prime rate” announced by Chase Manhattan Bank, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of the Rent then due or to pursue any other remedy available under this LeaseNew York, at lawNew York, or in equityits successor (or if the “prime rate” is discontinued, the rate announced as that being charged to the most creditworthy commercial borrowers) plus two percent (2%) or (ii) the maximum interest rate per annum allowed by law.

Rental Payments. Except for delinquent Rental Payments, all Rental Payments under the Tenant shall pay Rent to Landlord for --------------- each month during the Lease Term as provided in this Lease. Rent Leases shall be due prorated between Buyer and payable Seller, Seller being charged and credited for all of the same allocable to the period up to the Closing Date, and Buyer being charged and credited for all of the same allocable to the period from and after the Closing Date. Seller shall be entitled to retain all paid Rental Payments and other items allocable to the period prior to the Closing. Seller shall deliver or provide a credit in advance an amount equal to all prepaid Rental Payments and other items paid by tenants for periods from and after the Closing Date to Buyer on the Closing Date. Rental Payments which are delinquent as of the Closing Date shall not be prorated on the Closing Date. Buyer shall include such delinquencies in its normal billing and shall use commercially reasonable efforts for a period of at least four (4) months following the Closing Date to collect past due Rental Payments by billing and invoicing Tenants owing any such amounts to Seller on a monthly basis, and to institute the same “follow up” actions or programs used by Buyer to collect delinquent amounts owed by Tenants to Buyer in the ordinary course of business, provided that Buyer will not be obligated to institute or threaten any lawsuit or other collection procedures against Tenants. Buyer shall not agree to any waiver, reduction, deferral, extension, or any other compromise of any delinquent Rental Payment without Seller’s prior written consent. To the extent Buyer receives Rental Payments on or after the Closing Date, such payments shall be applied first (1st) day of each month during toward the Lease Term. If the Commencement Date is a date other than the first (1st) day of a calendar month, the Rent rent for the portion of the calendar month in which the Commencement Date occurs shall be due and payable on the Commencement Date; and the Rent for such partial month shall be prorated based upon the number of days from the Commencement Date Closing occurs, then to the end of that calendar monthrent owed to Buyer in connection with the Tenant Leases for which such payments are received, and then to any delinquent rents owed to Seller, with Seller’s share thereof being promptly delivered to Seller. Rent Buyer may not waive any delinquent rents nor modify the Tenant Leases so as to reduce or otherwise affect amounts owed thereunder for any partial month at period in which Seller is entitled to receive a share of such amounts without first obtaining Seller’s written consent. Seller hereby reserves the end of the Lease Term shall be prorated based upon the number of days from the beginning of that month to the end of the Lease Term. Rent shall be payable at the address for Landlord designated in the first (1st) paragraph of this Lease (or at such other address as may be designated by Landlord from time to time). Tenant shall pay all Rent under this Lease at the times and in the manner provided in this Lease, without abatement, notice, demand, counterclaim, or set-off except as otherwise provided for in this Lease.. Any charges or other sums payable by Tenant to Landlord under the terms of this Lease shall be considered as additional Rent. No payment by Tenant or receipt by Landlord of a lesser amount than the total amount of Rent then due shall be deemed to be other than on account of the earliest past due installment of Rent required to be paid under this Lease. No endorsement or statement on any check or in any letter accompanying any check or payment of Rent shall ever be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of the Rent then due or to pursue any remedy against any tenant owing delinquent Rental Payments and any other remedy available amounts owing to Seller for which Seller did not receive a credit at Closing (but shall not be entitled to commence lawsuits against any Tenant while they are a Tenant of the Property nor terminate any such Tenant Lease or such tenant’s right to possession). Buyer shall reasonably cooperate with Seller in any collection efforts hereunder (but shall not be required to litigate or declare a default under this any Tenant Lease). With respect to delinquent Rental Payments and any other amounts or other rights of any kind respecting tenants who are no longer tenants of the Property as of the Closing Date, at law, or in equitySeller shall retain all rights relating thereto.

Rental Payments. Throughout the term of this Lease, Tenant shall pay Rent to Landlord for --------------- each month during the Lease Term Landlord, without demand, deductions, set-offs or counterclaims, except as provided in Section 34.A of this Lease. , the rent, which is hereby defined as the sum of the Minimum Rent and all Additional Rent, when and as the same shall be due and payable in advance hereunder. Tenant shall also pay to Landlord all applicable sales or other taxes (but no income taxes of any kind) which may be imposed on any item of rent at the first (1st) day same time as such item of each month during the Lease Term. If the Commencement Date rent is a date other than the first (1st) day of a calendar month, the Rent for the portion of the calendar month in which the Commencement Date occurs shall be due and payable on the Commencement Date; and the Rent for such partial month shall be prorated based upon the number to Landlord. Unless otherwise stated, all sums of days from the Commencement Date to the end money or charges of that calendar month. Rent for any partial month at the end of the Lease Term shall be prorated based upon the number of days from the beginning of that month to the end of the Lease Term. Rent shall be payable at the address for Landlord designated in the first (1st) paragraph of this Lease (kind or at such nature, other address as may be designated by Landlord from time to time). Tenant shall pay all Rent under this Lease at the times and in the manner provided in this Leasethan Minimum Rent, without abatement, notice, demand, counterclaim, or set-off except as otherwise provided for in this Lease.. Any charges or other sums payable by Tenant to Landlord under pursuant to this Lease or the terms exhibits attached hereto are defined as "Additional Rent" and are due thirty (30) days after the rendering of an invoice therefor, and failure to pay such sums of money or charges shall carry the same consequences as Tenant's failure to pay Minimum Rent. All Minimum Rent and Additional Rent shall be payable in United States funds to Landlord (or such other name as Landlord shall direct in writing) and sent to Landlord at the address set forth on the first paragraph of this Lease shall be considered Lease, or as additional Rentotherwise directed by Landlord (but only within the continental United States). No payment by Tenant or receipt by Landlord of a lesser amount than the total amount of Rent then due correct rent shall be deemed to be other than a payment on account of the earliest past due installment of Rent required to be paid under this Lease. No and no endorsement or statement on any check or in any letter other communication accompanying any a check or for payment of Rent any amounts payable hereunder shall ever be deemed an accord and satisfaction, and Landlord may accept such check or in payment without prejudice to Landlord's right to recover the balance of the Rent then due any sums owed by Tenant hereunder or to pursue against Tenant any other remedy additional remedies available under this Lease, Lease or provided at law, law or in equity. Without limitation of any other obligations of Tenant which shall survive the expiration of the Term, the obligations of Tenant to pay Minimum Rent and Additional Rent which have accrued as of the date of expiration or sooner termination of the Term of this Lease shall survive such expiration or earlier termination.

Rental Payments. Tenant shall pay Rent (a) Commencing on the First Floor Rental Commencement Date with respect to Landlord for --------------- each month during the Rentable Floor Area on the first floor of the Building and commencing on the Second Floor Rental Commencement Date with respect to the Rentable Floor Area on the second floor of the Building, and continuing thereafter throughout the Lease Term as provided Term, Tenant hereby agrees to pay all Rent due and payable under this Lease. As used in this Lease, the term "Rent" shall mean the Base Rental and any other amounts that Tenant assumes or agrees to pay under the provisions of this Lease that are owed to Landlord, including without limitation any and all other sums that may become due by reason of any default of Tenant or failure on Tenant's part to comply with the agreements, terms, covenants and conditions of this Lease to be performed by Tenant. Rent Base Rental shall be due and payable in advance twelve (12) equal installments on the first (1st) day of each month during the Lease Term. If the Commencement Date is a date other than the first (1st) day of a calendar month, commencing on the Rent for the portion of the calendar month in which the applicable Rental Commencement Date occurs shall be due and payable on the Commencement Date; and the Rent for such partial month shall be prorated based upon the number of days from the Commencement Date to the end of that calendar month. Rent for any partial month at the end of continuing thereafter throughout the Lease Term shall be prorated based upon the number of days from the beginning of that month and any extensions or renewals thereof, and Tenant hereby agrees to the end of the Lease Term. pay such Rent shall be payable to Landlord at the Landlord's address for Landlord designated in the first (1st) paragraph of this Lease as provided herein (or at such other address as may be designated by Landlord from time to time)) monthly in advance. Tenant shall pay all Rent and other sums of money as shall become due from and payable by Tenant to Landlord under this Lease at the times and in the manner provided in this Lease, without abatement, notice, demand, counterclaim, or set-off or counterclaim except as expressly otherwise provided for in this Lease.. Any charges or other sums payable permitted by Tenant to Landlord under the terms of this Lease shall be considered as additional Rent. No payment by Tenant or receipt by Landlord of a lesser amount than the total amount of Rent then due shall be deemed to be other than on account of the earliest past due installment of Rent required to be paid under this Lease. No endorsement or statement on any check or in any letter accompanying any check or payment of Rent shall ever be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of the Rent then due or to pursue any other remedy available under this Lease, at law, or in equity.

Rental Payments. Tenant Lessee shall pay Rent to Landlord Lessor, as rental for --------------- Equipment during each month during of the Initial Lease Term as provided in of any Schedule and during any Holdover Period, an amount equal to the Rent Factor set forth on the cover page of this Lease. Rent Lease multiplied by the total Cost of the Equipment to Lessor, which amount shall be due and payable in advance on the first (1st) day of each calendar month during the Initial Lease TermTerm and during any Holdover Period. If The Rent Factor will be calculated for each Schedule based on a basis point for basis point adjustment (if any) to the Commencement Date is a date other than Initial Implicit Rate equal to the first (1st) day change from the Treasury Base Rate in the U.S. Treasury note rate for notes of a calendar monthterm equal to the Treasury Note Maturity as quoted in The Wall Street Journal three days prior to the date such Schedule is funded. It is not the intent of the parties to create rent or other payment obligations of Lessee which will be considered usurious under applicable law. However, if any such payment shall be found to be usurious by a court of competent jurisdiction, then Rental Payments or such other amounts shall automatically be reduced to the Rent for highest rate or amounts permitted by applicable law and the usurious portion of the calendar month in which the Commencement Date occurs Rental Payments or such other amounts shall be due and payable on the Commencement Date; and the Rent for such partial month shall be prorated based upon the number of days from the Commencement Date applied to the end of that calendar month. Rent for any partial month at the end of Lessee's remaining obligations under the Lease Term shall be prorated based upon the number of days from the beginning of that month in a manner reasonably determined by Lessor. In addition to the end of the Lease Term. Rent shall be payable at the address for Landlord designated in the first (1st) paragraph of this Lease (or at such other address as may be designated by Landlord from time to time). Tenant shall pay all Rent under this Lease at the times and in the manner provided in this Lease, without abatement, notice, demand, counterclaim, or set-off except as otherwise provided for in this Lease.. Any charges or other sums payable by Tenant to Landlord under the terms of this Lease shall be considered as additional Rent. No payment by Tenant or receipt by Landlord of a lesser amount than the total amount of Rent then due shall be deemed to be other than on account of the earliest past due installment of Rent required to be paid under this Lease. No endorsement or statement on any check or in any letter accompanying any check or payment of Rent shall ever be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of the Rent then due or to pursue any other remedy available remedies that Lessor may have under this Lease, if Lessee fails to pay any Rental Payment or Interim Rent or other amount herein provided within five (5) business days after the same is due, Lessee shall pay to Lessor a late charge calculated daily from the due date until the date of payment, at the rate of two percent (2%) of such amount per month, or at the highest rate permitted by applicable law, whichever is less, to compensate Lessor for additional bookkeeping and collection expense. All Rental Payments, Advance Rental, Interim Rent, late charges and other amounts for which Lessee is liable shall be paid to Lessor at its address as set forth above or in equityas otherwise directed by Lessor.

Rental Payments. Tenant shall pay (A) All payments other than Fixed Rent to Landlord for --------------- each month during the Lease Term as provided in this Lease. Rent shall be due and payable in advance on the first (1st) day of each month during the Lease Term. If the Commencement Date is a date other than the first (1st) day of a calendar month, the Rent for the portion of the calendar month in which the Commencement Date occurs shall be due and payable on the Commencement Date; and the Rent for such partial month shall be prorated based upon the number of days from the Commencement Date to the end of that calendar month. Rent for any partial month at the end of the Lease Term shall be prorated based upon the number of days from the beginning of that month to the end of the Lease Term. Rent shall be payable at the address for Landlord designated in the first (1st) paragraph of this Lease (or at such other address as may be designated by Landlord from time to time). Tenant shall pay all Rent under this Lease at the times and in the manner provided in this Lease, without abatement, notice, demand, counterclaim, or set-off except as otherwise provided for in this Lease.. Any charges or other sums payable made by Tenant pursuant to Landlord under the terms of this Lease shall be considered as additional Rent. No payment by Tenant or receipt by Landlord of a lesser amount than the total amount of Rent then due lease shall be deemed additional rent and, in the event of any non-payment thereof, Landlord shall have all rights and remedies provided for herein or by law for non-payment of rent. (B) All payments of Fixed Rent and additional rent (collectively, "rent" or "rental") to be made by Tenant pursuant to this lease shall be made by checks drawn upon a New York City bank that is a member of the New York Clearing House Association or any successor thereto. (C) Unless Landlord shall otherwise expressly agree in writing, acceptance of Fixed Rent or additional rent from anyone other than on account Tenant shall not relieve Tenant of the earliest past due installment any of Rent required to be paid its obligations under this Lease. No endorsement or statement on any check or in any letter accompanying any check or payment of lease, including the obligation to pay Fixed Rent shall ever be deemed an accord and satisfactionadditional rent, and Landlord may accept shall have the right at any time, upon notice to Tenant, to require Tenant to pay the Fixed Rent and additional rent payable hereunder directly to Landlord. Furthermore, such check acceptance of Fixed Rent or payment without prejudice additional rent shall not be deemed to constitute Landlord's consent to an assignment of this lease or a subletting or other occupancy of the demised premises by anyone other than Tenant, nor a waiver of any of Landlord's rights or Tenant's obligations under this lease. (D) Landlord's failure to timely xxxx all or any portion of any amount payable pursuant to this lease for any period during the Term shall neither constitute a waiver of Landlord's right to recover the balance of the Rent then due ultimately collect such amount or to pursue xxxx Tenant at any other remedy available under this Leasesubsequent time retroactively for the entire amount so unbilled, at law, or in equitywhich previously unbilled amount shall be payable within thirty (30) days after being so billed.

Rental Payments. Tenant shall pay Rent to Landlord for --------------- each month during (a) Commencing on the Rental Commencement Date, and continuing thereafter throughout the Lease Term as provided Term, Tenant hereby agrees to pay all Rent due and payable under this Lease. As used in this Lease, the Term "Rent" shall mean the Base Rental, Rental Adjustment, Tenant's Forecast Additional Rental, Tenant's Additional Rental, and any other amounts that Tenant assumes or agrees to pay under the provisions of this Lease that are owed to Landlord, including, without limitation, any and all other sums that may become due by reason of any default of Tenant or failure on Tenant's part to comply with the agreements, terms, covenants and conditions of this Lease to be performed by Tenant. Rent Base Rental, together with Tenant's Forecast Additional Rental, shall be due and payable in advance twelve (12) equal installments on the first (1st) day of each month during the Lease Term. If the Commencement Date is a date other than the first (1st) day of a calendar month, commencing on the Rent for the portion of the calendar month in which the Rental Commencement Date occurs shall be due and payable on the Commencement Date; and the Rent for such partial month shall be prorated based upon the number of days from the Commencement Date to the end of that calendar month. Rent for any partial month at the end of continuing thereafter throughout the Lease Term shall be prorated based upon the number of days from the beginning of that month and any extensions or renewals thereof. Tenant hereby agrees to the end of the Lease Term. pay such Rent shall be payable to Landlord at the Landlord's address for Landlord designated in the first (1st) paragraph of this Lease as provided herein (or at such other address as may be designated by Landlord from time to time)) monthly in advance. Tenant shall pay all Rent and other sums of money as shall become due from and payable by Tenant to Landlord under this Lease at the times and in the manner provided in this Lease, without abatement, notice, demand, counterclaim, or set-off except as otherwise provided for in this Lease.. Any charges or counterclaim. (b) If the Rental Commencement Date is other sums payable by Tenant to Landlord under than the terms first day of a calendar month or if this Lease terminates on a day other than the last day of a calendar month, then the installments of Base Rental and Tenant's Forecast Additional Rental for such month or months shall be considered as additional Rentprorated on a daily basis and the installment or installments so prorated shall be paid in advance. No payment by Tenant or receipt by Landlord Also, if the Rental Commencement Date occurs on a day other than the first day of a lesser amount calendar year, or if this Lease expires or is terminated on a day other than the total amount last day of Rent then due a calendar year, Tenant's Additional Rental shall be deemed to prorated for such commencement or termination year, as the case may be, by multiplying such Tenant's Additional Rental by a fraction, the numerator of which shall be other than on account the number of days of the earliest past due installment of Rent required to be paid under this Lease. No endorsement Lease Term (from and after the Rental Commencement Date) during the commencement or statement on any check expiration or in any letter accompanying any check or payment of Rent shall ever be deemed an accord and satisfactiontermination year, as the case may be, and Landlord may accept such check the denominator of which shall be 365, and the calculation described in Article 8 hereof shall be made as soon as possible after the expiration or payment without prejudice to Landlord's right to recover the balance termination of the Rent then due or to pursue any other remedy available under this Lease, at law, Landlord and Tenant hereby agreeing that the provisions relating to said calculation shall survive the expiration or in equitytermination of this Lease.

Rental Payments. (A) All payments other than Fixed Rent to be made by Tenant pursuant to this lease shall be deemed additional rent and, in the event of any non-payment thereof, Landlord shall have all rights and remedies provided for herein or by law for non-payment of rent. (B) All payments of Fixed Rent and additional rent (collectively, “rent” or “rental”) to be made by Tenant pursuant to this lease shall be made by checks drawn upon a New York City bank that is a member of the New York Clearing House Association or any successor thereto. (C) Unless Landlord shall otherwise expressly agree in writing, acceptance of Fixed Rent or additional rent from anyone other than Tenant shall not relieve Tenant of any of its obligations under this lease, including the obligation to pay Fixed Rent and additional rent, and Landlord shall have the right at any time, upon notice to Landlord Tenant, to require Tenant to pay the Fixed Rent and additional rent payable hereunder directly to Landlord. Furthermore, such acceptance of Fixed Rent or additional rent shall not be deemed to constitute Landlord’s consent to an assignment of this lease or a subletting or other occupancy of the demised premises by anyone other than Tenant, nor a waiver of any of Landlord’s rights or Tenant’s obligations under this lease. (D) Landlord’s failure to timely xxxx all or any portion of any amount payable pursuant to this lease for --------------- each month any period during the Lease Term as provided in this Lease. Rent shall be due and payable in advance on the first (1st) day neither constitute a waiver of each month during the Lease Term. If the Commencement Date is a date other than the first (1st) day of a calendar month, the Rent Landlord’s right to ultimately collect such amount or to xxxx Tenant at any subsequent time retroactively for the portion of the calendar month in entire amount so unbilled, which the Commencement Date occurs shall be due and payable on the Commencement Date; and the Rent for such partial month shall be prorated based upon the number of days from the Commencement Date to the end of that calendar month. Rent for any partial month at the end of the Lease Term shall be prorated based upon the number of days from the beginning of that month to the end of the Lease Term. Rent previously unbilled amount shall be payable at the address for Landlord designated in the first within thirty (1st30) paragraph of this Lease (or at such other address as may be designated by Landlord from time to time). Tenant shall pay all Rent under this Lease at the times and in the manner provided in this Lease, without abatement, notice, demand, counterclaim, or set-off except as otherwise provided for in this Lease.. Any charges or other sums payable by Tenant to Landlord under the terms of this Lease shall be considered as additional Rent. No payment by Tenant or receipt by Landlord of a lesser amount than the total amount of Rent then due shall be deemed to be other than on account of the earliest past due installment of Rent required to be paid under this Lease. No endorsement or statement on any check or in any letter accompanying any check or payment of Rent shall ever be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of the Rent then due or to pursue any other remedy available under this Lease, at law, or in equitydays after being so billed.

Rental Payments. Tenant Lessee shall pay Rent to Landlord Lessor, as rental for --------------- Equipment during each month during of the Initial Lease Term as provided in this Lease. of any Schedule and during any Holdover Period, an amount equal to the Rent Factor multiplied by the total Cost of the Equipment to Lessor, which amount shall be due and payable in advance on the first (1st) day of each calendar month during the Initial Lease Term and during any Holdover Period. The Rent Factor will be calculated for each Schedule (and such Rent Factor shall be fixed for such Schedule's Initial Lease Term. If ) based on a basis point for basis point adjustment (if any) to the Commencement Date is a date other than Initial Implicit Rate equal to the first (1st) day change from the Treasury Base Rate in the U.S. Treasury note rate for notes of a calendar monthterm equal to the Treasury Note Maturity as quoted in The Wall Street Journal three days prior to the date such Schedule is funded. It is not the intent of the parties to create rent or other payment obligations of Lessee which will be considered usurious under applicable law. However, if any such payment shall be found to be usurious by a court of competent jurisdiction, then Rental Payments or such other amounts shall automatically be reduced to the Rent for highest rate or amounts permitted by applicable law and the usurious portion of the calendar month in which the Commencement Date occurs Rental Payments or such other amounts shall be due and payable on the Commencement Date; and the Rent for such partial month shall be prorated based upon the number of days from the Commencement Date applied to the end of that calendar month. Rent for any partial month at the end of Lessee's remaining obligations under the Lease Term shall be prorated based upon the number of days from the beginning of that month in a manner reasonably determined by Lessor. In addition to the end of the Lease Term. Rent shall be payable at the address for Landlord designated in the first (1st) paragraph of this Lease (or at such other address as may be designated by Landlord from time to time). Tenant shall pay all Rent under this Lease at the times and in the manner provided in this Lease, without abatement, notice, demand, counterclaim, or set-off except as otherwise provided for in this Lease.. Any charges or other sums payable by Tenant to Landlord under the terms of this Lease shall be considered as additional Rent. No payment by Tenant or receipt by Landlord of a lesser amount than the total amount of Rent then due shall be deemed to be other than on account of the earliest past due installment of Rent required to be paid under this Lease. No endorsement or statement on any check or in any letter accompanying any check or payment of Rent shall ever be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of the Rent then due or to pursue any other remedy available remedies that Lessor may have under this Lease, if Lessee fails to pay any Rental Payment or Interim Rent or other amount herein provided within five (5) business days after the same is due, Lessee shall pay to Lessor a late charge calculated daily from the due date until the date of payment, at the rate of two percent (2%) of such amount per month, or at the highest rate permitted by applicable law, whichever is less, to compensate Lessor for additional bookkeeping and collection expense. All Rental Payments, Advance Rental, Interim Rent, late charges and other amounts for which Lessee is liable shall be paid to Lessor at its address as set forth above or in equityas otherwise directed by Lessor.

Rental Payments. Tenant shall pay Rent to Landlord for --------------- each month during the Lease Term as provided in this Lease. Rent shall be due and payable in advance on the first (1st) day of each month during the Lease Term. If the Commencement Date is a date other than the first (1st) day of a calendar month, the Rent for the portion of the calendar month in which the Commencement Date occurs shall be due and payable on the Commencement Date; and the Rent for such partial month shall be prorated based upon the number of days from the Commencement Date to the end of that calendar month. Rent for any partial month at the end of the Lease Term shall be prorated based upon the number of days from the beginning of that month to the end of the Lease Term. Rent shall be payable at the address for Landlord designated in the first (1st) paragraph of this Lease (or at such other address as may be designated by Landlord from time to time). Tenant shall pay all Rent under this Lease at the times and in the manner provided in this Lease, without abatement, notice, demand, counterclaim, or set-off except as otherwise provided for in this Lease.. Any charges or other sums payable by Tenant to Landlord under the terms of this Lease shall be considered as additional Rentoff. No payment by Tenant or receipt by Landlord of a lesser amount than the total amount of Rent then due shall be deemed to be other than on account of the earliest past due installment of Rent required to be paid under this Lease. No endorsement or statement on any check or in any letter accompanying any check or payment of Rent shall ever be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of the Rent then due or to pursue any other remedy available under this Lease, at law, or in equity.

Rental Payments. Tenant Lessee shall pay Rent the rental installments (each a “Rental Payment”) as and when specified herein and in each Equipment Schedule. EACH LEASE IS NON-CANCELABLE AND NON-TERMINABLE FOR THE LEASE TERM AND LESSEE’S OBLIGATION TO PAY ALL RENTAL PAYMENTS AND OTHER AMOUNTS DUE THEREUNDER SHALL BE ABSOLUTE AND UNCONDITIONAL AND NOT SUBJECT TO DEFENSE, ABATEMENT, DEDUCTION OR SETOFF AGAINST LESSOR OR ANY ASSIGNEE, TRANSFEREE OR SECURED LENDER OF LESSOR (EACH AN “ASSIGNEE”) OF ANY AMOUNTS WHATSOEVER. Lessee shall pay the Rental Payments: (a) from the Acceptance Date to Landlord for --------------- each month during the Base Lease Commencement Date and through the balance of the Lease Term Term; (b) to Lessor at the address specified above unless otherwise instructed by Lessor or its Assignee; and (c) except as provided otherwise directed by Lessor in this Lease. Rent shall be writing, all Rental Payments are due and payable in advance on the first (1st) day of each month rental period or portion of a rental period during the Lease TermTerm (each a “Rental Payment Date”). If the Commencement Date is a date other than the first (1st) day of a calendar month, the Rent for the portion of the calendar month in which the Commencement Date occurs shall be The Rental Payment due and payable for portions of a rental period shall be calculated by Lessor on a prorata, per diem basis. Lessor intends to invoice Lessee at least fifteen days prior to each Rental Payment Date, but Lessor’s failure to provide an invoice or any other notice to Lessee relating to any Rental Payment Date shall not in any way relieve or defer Lessee’s obligation to pay Rental Payments on the Commencement applicable Rental Payment Date; . Each Lease constitutes a net lease, it being the intention of the parties that all costs, expenses and liabilities associated with the Rent for Equipment subject to such partial month Lease and/or its lease shall be prorated based upon borne by the number of days from the Commencement Date Lessee. Whenever any amount due under a Lease is not received by Lessor or its Assignee when due, Lessee shall pay a delinquency charge equal to the end lesser of that calendar month. Rent for any partial month at the end five percent of the Lease Term shall be prorated based upon the number of days from the beginning of that month to the end of the Lease Term. Rent shall be payable at the address for Landlord designated in the first (1st) paragraph of this Lease (or at such other address as may be designated by Landlord from time to time). Tenant shall pay all Rent under this Lease at the times and in the manner provided in this Lease, without abatement, notice, demand, counterclaim, or set-off except as otherwise provided for in this Lease.. Any charges or other sums payable by Tenant to Landlord under the terms of this Lease shall be considered as additional Rent. No payment by Tenant or receipt by Landlord of a lesser amount than the total amount of Rent then due shall be deemed to be other than on account of the earliest past due installment of Rent required to be paid under this Lease. No endorsement or statement on any check or in any letter accompanying any check or payment of Rent shall ever be deemed an accord and satisfactionthe maximum amount allowed by law, and Landlord may accept such check or payment without prejudice delinquency charge shall continue to Landlord's right to recover apply for each subsequent month the balance of the Rent then due or to pursue any other remedy available amount remains unpaid, until Lessor exercises its rights under this LeaseSection 12(c) hereof, whereafter interest shall accrue at law, or in equity1.5% per month.

Rental Payments. Tenant shall pay (A) All payments other than Fixed Rent to Landlord for --------------- each month during the Lease Term as provided in be made by Tenant pursuant to this Lease. Rent lease shall be deemed additional rent and, in the event of any non-payment thereof, Landlord shall have all rights and remedies provided for herein or by law for non-payment of rent. (B) All payments of Fixed Rent and additional rent (collectively, "rent." or "rental") to be made by Tenant pursuant to this lease shall he made by checks drawn upon a New York City bank that is a member of the New York Clearing House Association or any successor thereto. (C) If Landlord receives from Tenant any payment less than the sum of the Fixed Rent and additional rent then due and owing pursuant to this lease, Tenant hereby waives its right, if any, to designate the items to which such payment shall be applied and agrees that Landlord in its sole discretion may apply such payment in whole or in part to any Fixed Rent, any additional rent or to any combination thereof then due and payable hereunder. (D) Unless Landlord shall otherwise expressly agree in advance on the first (1st) day writing, acceptance of each month during the Lease Term. If the Commencement Date is a date Fixed Rent or additional rent from anyone other than the first (1st) day of a calendar month, the Rent for the portion of the calendar month in which the Commencement Date occurs shall be due and payable on the Commencement Date; and the Rent for such partial month shall be prorated based upon the number of days from the Commencement Date to the end of that calendar month. Rent for any partial month at the end of the Lease Term shall be prorated based upon the number of days from the beginning of that month to the end of the Lease Term. Rent shall be payable at the address for Landlord designated in the first (1st) paragraph of this Lease (or at such other address as may be designated by Landlord from time to time). Tenant shall pay all Rent not relieve Tenant of any of its obligations under this Lease lease, including the obligation to pay Fixed Rent and additional rent, and Landlord shall have the right at the times and in the manner provided in this Leaseany time, without abatementupon notice to Tenant, notice, demand, counterclaim, or set-off except as otherwise provided for in this Lease.. Any charges or other sums payable by to require Tenant to Landlord under pay the terms Fixed Rent and additional rent payable hereunder directly to Landlord. Furthermore, such acceptance of this Lease Fixed Rent or additional rent shall be considered as additional Rent. No payment by Tenant or receipt by Landlord of a lesser amount than the total amount of Rent then due shall not be deemed to be constitute Landlord's consent to an assignment of this lease or a subletting or other occupancy of the demised premises by anyone other than on account Tenant, nor a waiver of the earliest past due installment any of Rent required to be paid Landlord's rights or Tenant's obligations under this Lease. No endorsement lease. (E) Landlord's failure to timely bill all or statement on any check or in portion of any letter accompanying amount payable pursuant to this lease for any check or payment period during the Term shall neither constitute a waiver of Rent shall ever be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of the Rent then due ultimately collect such amount or to pursue bill Tenant at any other remedy available under this Leasesubsequent time retroactively for the entire amount so unbilled, at law, or in equitywhich previously unbilled amount shall be payable within thirty (30) days after being so billed.

Rental Payments. Tenant shall The Lessee/Customer agrees to pay Rent to Landlord the Lessor/Customer for --------------- each month the POS and services performing during the Lease Term term of this Agreement the following compensation: a) For said term of this agreement and the renewal term of this agreement, the Lessee/Customer agrees to pay to the Lessor/Seller rentals the amount of “Reoccurring Total” as provided described at the Sales Contract attached to addendum which represents the installation of point of sale system as described at the Sales Contract attached to addendum. b) any late payment by the Lessee/Customer shall bear a late charge of 10%. Overdue invoices shall also bear interest at the rate of 10% per year until paid in this Lease. Rent shall be due and payable in advance on the first (1st) day of each month during the Lease Termfull. If the Commencement Date is a date other than Lessor/Seller undertakes any efforts for collection of enforcement efforts, then the first (1st) day of a calendar month, the Rent for the portion of the calendar month in which the Commencement Date occurs Lessee/Customer shall be due and payable on the Commencement Date; and the Rent liable for such partial month all costs thereof, including reasonable attorney fees. c) Sales tax shall be prorated based the responsibility of and paid by Lessee/Customer upon execution of this agreement. d) all rent shall be paid at Lessor/Seller’s place of business shown above, or such other place as the number of days from the Commencement Date Lessor/Seller may designate by written notice to the end of that calendar monthLessee/Customer and agreed to by the Lessor/seller in writing. Rent for any partial month at the end of the Lease Term All rents shall be prorated based upon the number of days from the beginning of that month to the end of the Lease Term. Rent shall be payable at the address for Landlord designated in the first (1st) paragraph of this Lease (paid without notice or at such other address as may be designated by Landlord from time to time). Tenant shall pay all Rent under this Lease at the times demand, and in the manner provided in this Lease, without abatement, notice, demand, counterclaim, deduction or set-off except as otherwise provided for in this Lease.. Any charges or other sums payable by Tenant to Landlord under of any amount whatsoever. The operating and use of the terms of this Lease leased equipment shall be considered at the risk of the Lessee/Customer, and not the Lessor/Seller and the obligation of Lessee/Customer to pay rent hereunder shall be unconditional. The Lessee/Customer shall insure the equipment for an amount equal the purchase price naming Lessor/Seller as additional Rentinsured. e) Lessee/Customer agrees to pay the Lessor/Seller, the monthly rental payment due by automatic deduction from the Lessee/Customer’s account by Automatic Clearing House (“ACH”). No payment by Tenant or receipt by Landlord Annexed hereto is a copy of a lesser amount than the total amount of Rent then due ACH Form. f) The Lessor/Seller (and/or its affiliates) shall be deemed to be other than on debit the account of the earliest past due installment Lessee/Customer by the “ACH” or the Lessor/Seller’s partners, affiliates, sub-contractors, Sellers assigns and beneficiaries, successors may do so on behalf of Rent required the Lessor/Seller or instead of the Lessor/Seller accordingly, and then they have to maintain the same level of security for information about the Lessee/Customer as the Lessor/Seller is obligated to maintain. If the Lessee/Customer does not have sufficient good funds on the account then the penalty of $50.00 shall be paid under this Leaseto the Lessor/Seller for each occasion. No endorsement or statement on If the Lessor/Seller does not charge the Lessee/Customer timely, then the Lessor/Seller may do so at any check or in any letter accompanying any check or payment of Rent shall ever be deemed an accord and satisfactiontime, and Landlord may accept such check or payment without prejudice the Lessee/Customer shall have sufficient good funds on the account. g) The Lessee/Customer authorizes the Lessor/Seller to Landlord's right run a consumer credit report on the Lessee/Customer after this Agreement is executed, before each renewal term and also ever time the Lessee/Customer is late on the payments due to recover the balance Lessor/Seller. The Lessee/Customer is responsible for the cost of all consumer credit reports run on the Rent then due or Lessee/Customer by the Lessor/Seller which shall be added to pursue any other remedy available under this Lease, at law, or in equitythe monthly fee next month after the report was run.

Rental Payments. Tenant Lessee shall pay Rent to Landlord Lessor, (i) as rental for --------------- each month Equipment during the first twelve (12) months of the Initial Lease Term as provided in of any Schedule, an amount equal to Rent Factor I set forth on the cover page of this Lease. Rent Lease multiplied by the total Cost of the Equipment to Lessor, which amount shall be due and payable in advance on the first (1st) day of each calendar month during the Initial Lease Term. If the Commencement Date is a date other than the first , and (1stii) day of a calendar month, the Rent as rental for the portion Equipment for months thirteen (13) through month forty-two (42) of the calendar month in Initial Lease Term of any Schedule and during any Holdover Period, an amount equal to Rent Factor II set forth on the cover page of this Lease multiplied by the total Cost of the Equipment to Lessor, which the Commencement Date occurs amount shall be due and payable in advance on the Commencement Date; and the Rent for such partial first day of each calendar month shall be prorated based upon the number of days from the Commencement Date to the end of that calendar month. Rent for any partial during months thirteen (13) through month at the end forty-two (42) of the Initial Lease Term shall be prorated based upon the number of days from the beginning of that month and during any Holdover Period. In addition to the end of the Lease Term. Rent shall be payable at the address for Landlord designated in the first (1st) paragraph of this Lease (or at such other address as may be designated by Landlord from time to time). Tenant shall pay all Rent under this Lease at the times and in the manner provided in this Lease, without abatement, notice, demand, counterclaim, or set-off except as otherwise provided for in this Lease.. Any charges or other sums payable by Tenant to Landlord under the terms of this Lease shall be considered as additional Rent. No payment by Tenant or receipt by Landlord of a lesser amount than the total amount of Rent then due shall be deemed to be other than on account of the earliest past due installment of Rent required to be paid under this Lease. No endorsement or statement on any check or in any letter accompanying any check or payment of Rent shall ever be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of the Rent then due or to pursue any other remedy available remedies that Lessor may have under this Lease, if Lessee fails to pay any Rental Payment or Interim Rent or other amount herein provided within five (5) business days after the same is due, Lessee shall pay to Lessor a late charge calculated daily from the due date until the date of payment, at the rate of two percent (2%) of such amount per month, or at the highest rate permitted by applicable law, whichever is less, to compensate Lessor for additional bookkeeping and collection expense. All Rental Payments, Advance Rental, Interim Rent, late charges and other amounts for which Lessee is liable shall be paid to Lessor at its address as set forth above or in equityas otherwise directed by Lessor.