Common use of Rental Clause in Contracts

Rental. The monthly rental payable hereunder is as set forth in the Equipment Schedule(s). Rental shall begin to accrue on the Installation Date for each item of Equipment and shall be due and payable by Lessee in advance on the first day of each month. If the Installation Date does not fall on the first day of a month, the rental for that period of time from the Installation Date until the Commencement Date shall be an amount equal to the Daily Rental multiplied by the number of days from (and including) the Installation Date to (but not including) the Commencement Date and shall be due and payable on the Installation Date. In addition to the monthly rental set forth in the Equipment Schedule(s), Lessee shall pay to Lessor an amount equal to all taxes paid, payable or required to be collected by Lessor, however designated, which are levied or based on the rental, on the Lease or on the Equipment or on its purchase for lease hereunder, or on its use, lease, operation, control or value (including, without limitation, state and local privilege or excise taxes based on gross revenue), any penalties or interest in connection therewith which are attributable to Lessee's negligence or taxes or amounts in lieu thereof paid or payable by Lessor in respect of the foregoing, but excluding taxes based on Lessor's net income. Personal property taxes assessed on the Equipment during the term hereof shall be paid by Lessee. Lessee agrees that Lessor, or Lessor's agent may file all required property tax returns and reports and pay all taxes thereon pertaining to the Equipment. In such event, Lessee shall reimburse Lessor or Lessor's agent for all costs and expenses incurred in connection therewith, provided that such costs and expenses (including property taxes) shall not exceed the property taxes pursuant to statutory tax rates and regulations. If requested by Lessor, Lessee agrees to file, on behalf of Lessor, all required property tax returns and reports concerning the Equipment with all appropriate governmental agencies, and, within not more than thirty (30) days after the due date of such filing to send Lessor confirmation of such filing. Interest on any past due payments, including but not limited to administrative charges and any other charges or fees arising out of or related to this Lease, shall accrue at the rate of 1 1/2% per month, or if such rate shall exceed the maximum rate allowed by law, then at such maximum rate, and shall be payable on demand. Charges for taxes, penalties and interest shall be promptly paid by Lessee when invoiced by Lessor. As security for the full performance of all of Lessee's obligations under each Equipment Schedule, Lessee shall, simultaneously with the execution and delivery of each Equipment Schedule, deposit with Lessor the amount set forth on such Equipment Schedule. The security deposit shall be promptly returned to Lessee by Lessor upon the expiration of such Equipment Schedule and return or purchase of all Equipment, as the case may be, provided that all Lessee obligations under such Equipment Schedule have been fulfilled.

Rental. The monthly rental payable hereunder is as set forth in the Equipment Schedule(s). Rental shall begin to accrue on the Installation Date for each item of Equipment and shall be due and payable by Lessee in advance on the first day of each month. If Lessor or its Assignees shall, at its option, have the Installation Date does not fall right to automatically transfer funds from Lessee’s bank account to pay the Monthly Rental and any other amounts due hereunder on the first day of a monthdate such amounts become due. Lessee shall, the rental for that period of time from the Installation Date until the Commencement Date shall be an amount equal at Lessor’s request, execute such document as Lessor, or Lessee’s bank, may reasonably request in order to the Daily Rental multiplied by the number of days from (and including) the Installation Date to (but not including) the Commencement Date and shall be due and payable on the Installation Dateimplement such transfer. In addition to the monthly rental set forth in the Equipment Schedule(s), Lessee shall pay to Lessor an amount equal to all taxes paid, payable or required to be collected by Lessor, however designated, which are levied or based on the rental, on the Lease or on the Equipment or on its purchase for lease hereunder, or on its use, lease, operation, control or value (including, without limitation, state and local privilege or excise taxes based on gross revenue), any penalties or interest in connection therewith which are attributable to Lessee's negligence or taxes or amounts in lieu thereof paid or payable by Lessor in respect of the foregoing, but excluding taxes based on Lessor's net income. Personal property taxes assessed on the Equipment during the term hereof shall be paid by Lessee. Lessee agrees that Lessor, or Lessor's agent may file all required property tax returns and reports and pay all taxes thereon pertaining to the Equipment. In such event, Lessee shall reimburse Lessor or Lessor's ’s agent for all costs and expenses incurred in connection therewith, provided that such costs and expenses (including property taxes) shall not exceed the property taxes pursuant to statutory tax rates and regulations. If requested by Lessor, Lessee agrees to file, on behalf of Lessor, all required property tax returns and reports concerning the Equipment with all appropriate governmental agencies, and, within not more than thirty (30) days after the due date of such filing to send Lessor confirmation of such filing. Interest on any past due payments, including but not limited to administrative charges and any other charges or fees arising out of or related to this Lease, shall accrue at the rate of 1 1/2% per month, or if such rate shall exceed the maximum rate allowed by law, then at such maximum rate, and shall be payable on demand. Charges for taxes, penalties and interest shall be promptly paid by Lessee when invoiced by Lessor. As security for the full performance of all of Lessee's obligations under each Equipment Schedule, Lessee shall, simultaneously with the execution and delivery of each Equipment Schedule, deposit with Lessor the amount set forth on such Equipment Schedule. The security deposit shall be promptly returned to Lessee by Lessor upon the expiration of such Equipment Schedule and return or purchase of all Equipment, as the case may be, provided that all Lessee obligations under such Equipment Schedule have been fulfilled.

Rental. The monthly rental payable hereunder is A. Tenant agrees to pay fixed rent ("Fixed Rent") to Landlord without notice, by check sent to Landlord at such address as set forth shall be provided by Landlord to Tenant, provided that such check shall be received by Landlord in sufficient time that the funds will be received by the Fixed Rent due date, or to such other persons or place as may be provided by written notice from the person then entitled to receive the Fixed Rent, in equal installments in advance on or before the first day of each month as specified in the Equipment Schedule(s)Basic Lease Information. Rental If Fixed Rent is not paid when due, interest shall begin accrue thereon at the Overdue Rate until payment is made. Tenant hereby acknowledges that late payment by Tenant to accrue Landlord of Fixed Rent, Additional Rent and other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges which may be imposed on Landlord by the Installation Date terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Fixed Rent or any other sum due to Landlord from Tenant shall not have been received by Landlord or Landlord's designee within fifteen (15) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to two percent (2%) of such overdue amount, together with interest on such overdue amount at the Overdue Rate. The parties agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder; provided that nothing contained herein shall relieve Landlord of a duty to mitigate damages under applicable law. B. The Fixed Rent for each item of Equipment and Renewal Term shall be due and payable by Lessee in equal monthly installments in advance on or before the first day of each month as provided in the Basic Lease Information. C. If, at any time from the first day of the month following the fourth anniversary of the Commencement Date through the last day of the month in which the seventh anniversary of the Commencement Date occurs (the "Initiating Date"), Tenant obtains a BBB- or better investment grade credit rating from Standard & Poors Corporation and a Baa3 or better investment grade credit rating from Moodx'x Xxxestors Services, Inc. for its senior debt obligations, and such investment grade credit ratings are maintained for 12 consecutive months (the "Lookback Period"), then: (i) on the first day of each monththe month following the Lookback Period, the annual Fixed Rent shall be reset to equal the Fixed Rent on the Initiating Date less an amount equal to the Purchase Price multiplied by the lesser of (a) 1.0%, or (b) the difference between (x) the Fixed Rent on the Initiating Date (calculated as a percentage of the Purchase Price), and (y) the yield for 10-year Treasury bills plus 275 basis points. The yield for use in the foregoing calculation will be as shown in the Treasury Constant Maturity Series in statistical release H.15(519) of the Federal Reserve Board; or if that release is unavailable, a comparable publication. (ii) the annual Fixed Rent specified in the Basic Lease Information shall be increased at the end of every 30-month period measured from the Initiating Date by an amount equal to the annual Fixed Rent prior to such increase multiplied by the greater of 5.72028% or 56.25% of the increase in the CPI over the prior 30-month period. Such increase in the Fixed Rent shall not be greater than 11.632519% of the annual Fixed Rent immediately prior to the increase. D. If at any time from the Installation Date does not fall first day of the month following the Initiating Date, Tenant obtains an A- or better investment grade credit rating from Standard & Poors corporation and an A3 or better investment grade credit rating from Moodx'x Xxxestors Services, Inc. for its senior debt obligations, and such investment grade credit ratings are maintained during the Lookback Period, then: (i) on the first day of a monththe month following the Lookback Period, the rental for that period of time from the Installation Date until the Commencement Date annual Fixed Rent shall be reset to equal the Fixed Rent on the Initiating Date less an amount equal to the Daily Rental Purchase Price multiplied by the number lesser of days from (and includinga) 2.0%, or (b) the Installation Date to difference between (but not includingx) the Commencement Fixed Rent on the Initiating Date (calculated as a percentage of the Purchase Price) and (y) the yield, determined as provided above, for 10-year Treasury obligations plus 225 basis points. (ii) the annual Fixed Rent specified in the Basic Lease Information shall be due and payable on increased at the Installation Date. In addition to end of every 30-month period measured from the monthly rental set forth in the Equipment Schedule(s), Lessee shall pay to Lessor Initiating Date by an amount equal to all taxes paidthe annual Fixed Rent prior to such increase multiplied by the greater of 5.72028% or 56.25% of the increase in the CPI over the prior 30-month period. Such increase in the Fixed Rent shall not be greater than 11.632519% of the annual Fixed Rent immediately prior to the increase. E. If, payable or at any time from the first day of the month following the Initiating Date, Tenant obtains either of the required to be collected by Lessorinvestment grade ratings indicated in subparagraphs C and D, however designatedbut not both and such investment grade credit ratings are maintained during the Lookback Period, which are levied or based then: (i) on the rentalfirst day of the month following the Lookback Period, the annual Fixed Rent shall be reset to equal the Fixed Rent on the Lease Initiating Date less an amount equal to the Purchase Price multiplied by the lesser of (a) 1.5%, or (b) the difference between (x) the Fixed Rent on the Equipment Initiating Date (calculated as a percentage of the Purchase Price) and (y) the yield, determined as provided above, for 10-year Treasury obligations plus 250 basis points. (ii) the annual Fixed Rent specified in the Basic Lease Information shall be increased at the end of every 30-month period measured from the Initiating Date by an amount equal to the annual Fixed Rent prior to such increase multiplied by the greater of 5.72028% or on its purchase for lease hereunder, or on its use, lease, operation, control or value (including, without limitation, state and local privilege or excise taxes based on gross revenue56.25% of the increase in the CPI over the prior 30-month period. Such increase in the Fixed Rent shall not be greater than 11.632519% of the annual Fixed Rent immediately prior to the increase. In no event shall the calculation required by subparagraphs C(i), any penalties or interest D(i) and E(i) above result in connection therewith which are attributable to Lessee's negligence or taxes or amounts an increase in lieu thereof paid or payable by Lessor in respect of the foregoing, but excluding taxes based on Lessor's net income. Personal property taxes assessed on the Equipment during the term hereof shall be paid by Lessee. Lessee agrees that Lessor, or Lessor's agent may file all required property tax returns and reports and pay all taxes thereon pertaining to the Equipment. In such event, Lessee shall reimburse Lessor or Lessor's agent for all costs and expenses incurred in connection therewith, provided that such costs and expenses (including property taxes) shall not exceed the property taxes pursuant to statutory tax rates and regulations. If requested by Lessor, Lessee agrees to file, on behalf of Lessor, all required property tax returns and reports concerning the Equipment with all appropriate governmental agencies, and, within not more than thirty (30) days after the due date of such filing to send Lessor confirmation of such filing. Interest on any past due payments, including but not limited to administrative charges and any other charges or fees arising out of or related to this Lease, shall accrue at the rate of 1 1/2% per month, or if such rate shall exceed the maximum rate allowed by law, then at such maximum rate, and shall be payable on demand. Charges for taxes, penalties and interest shall be promptly paid by Lessee when invoiced by Lessor. As security for the full performance of all of Lessee's obligations under each Equipment Schedule, Lessee shall, simultaneously with the execution and delivery of each Equipment Schedule, deposit with Lessor the amount set forth on such Equipment Schedule. The security deposit shall be promptly returned to Lessee by Lessor upon the expiration of such Equipment Schedule and return or purchase of all Equipment, as the case may be, provided that all Lessee obligations under such Equipment Schedule have been fulfilledFixed Rent.

Rental. The monthly rental payable hereunder is as set forth in the Equipment Schedule(s). Rental shall begin to accrue on the Installation Date for each item of Equipment and shall be due and payable by Lessee monthly and in advance on the first day of each month. If the Installation Date does not fall on the first day of a month, the rental for that period of time from the Installation Date until the Commencement Date shall be an amount equal to the Daily Rental multiplied by the number of days from (and including) the Installation Date to (but not including) the Commencement Date and shall be due and payable on the Installation Date. In addition to the monthly rental set forth in the Equipment Schedule(s), Lessee shall pay to Lessor an amount equal to all taxes paid, payable or required to be collected by Lessor, however designated, which are levied or based on the rental, on the Lease or on the Equipment or on its purchase for lease hereunder, or on its use, lease, operation, control or value (including, without limitation, state and local privilege or excise taxes based on gross revenue), any penalties or interest in connection therewith which are (if such penalties or interest arise by reason of a delay in payment attributable to Lessee's negligence Lessee and not to Lessor) or taxes or amounts in lieu thereof paid or payable by Lessor in respect of the foregoing, but excluding taxes based on Lessor's net income. Personal property taxes assessed on the Equipment during the term hereof shall be paid by Lessee. Lessee agrees that Lessor, or Lessor's agent may file all required property tax returns and reports and pay all taxes thereon pertaining to the Equipment. In such event, Lessee shall reimburse Lessor or Lessor's agent for all costs and expenses incurred in connection therewith, provided that such costs and expenses (including property taxes) shall not exceed the property taxes pursuant to statutory tax rates and regulations. If requested by Lessor, Lessee agrees to file, on behalf of Lessor, all required property tax returns and reports concerning the Equipment with all appropriate governmental agencies, and, within not more than thirty (30) 30 days after the due date of such filing to send Lessor confirmation of such filing. Interest on any past due paymentsNotwithstanding the provisions of this Section, including but not limited subject to administrative charges and any other charges or fees arising out the next succeeding sentence, Lessee shall have no obligations with respect to the payment of or related taxes so long as Lessee maintains its status as a tax-exempt entity with respect to this Leasesuch taxes. Notwithstanding the preceding sentence, shall accrue at the rate of 1 1/2% per month, or if such rate shall exceed the maximum rate allowed by law, then at such maximum rate, and Lessee shall be payable responsible for any and all taxes which are imposed on demand. Charges for taxes, penalties and interest shall be promptly paid by Lessee when invoiced by Lessor. As security for this Lease or on the full performance of all of Equipment (a) without regard to Lessee's obligations under each Equipment Schedule, Lessee shall, simultaneously with status as a tax-exempt entity or (b) by any state which does not recognize Lessee's tax-exempt status or the execution and delivery tax-exempt status of each Equipment Schedule, deposit with Lessor this Lease or the amount set forth on such Equipment Schedule. The security deposit shall be promptly returned to Lessee by Lessor upon the expiration of such Equipment Schedule and return or purchase of all Equipment, as the case may be, provided that all Lessee obligations under such Equipment Schedule have been fulfilled.

Rental. The monthly rental payable hereunder is as set forth in the Equipment Schedule(s). Rental shall begin to accrue on the Installation Date for each item of Equipment and shall be due and payable by Lessee in advance on the first day of each month. If the Installation Date does not fall on the first day of a month, the rental for that period of time from the Installation Date until the Commencement Date shall be an amount equal to the Daily Rental multiplied by the number of days from (and including) the Installation Date to (but not including) the Commencement Date and shall be due and payable on the Installation Date. In addition to the monthly rental set forth in the Equipment Schedule(s), Lessee shall pay to Lessor an amount equal to all taxes paid, payable or required to be collected by Lessor, however designated, which are levied or based on the rental, on the Lease or on the Equipment or on its purchase for lease hereunder, or on its use, lease, operation, control or value (including, without limitation, state and local privilege or excise taxes based on gross revenue), any penalties or interest in connection therewith which are attributable to Lessee's negligence or taxes or amounts in lieu thereof paid or payable by Lessor in respect of the foregoing, but excluding taxes based on Lessor's net income. Personal property taxes assessed on the Equipment during the term hereof shall be paid by Lessee. Lessee agrees that Lessor, or Lessor's agent may file all required property tax returns and reports and pay all taxes thereon pertaining to the Equipment. In such event, Lessee shall reimburse Lessor or Lessor's agent for all costs and expenses incurred in connection therewith, provided that such costs and expenses (including property taxes) shall not exceed the property taxes pursuant to statutory tax rates and regulations. If requested by Lessor, Lessee agrees to file, on behalf of Lessor, all required property tax returns and reports concerning the Equipment with all appropriate governmental agencies, and, within not more than thirty (30) days after the due date of such filing to send Lessor confirmation of such filing. Lessee agrees that Lessor, or Lessor's agent may file all required property tax returns and reports and pay all taxes thereon pertaining to the Equipment. In such event, Lessee shall reimburse Lessor for all costs and expenses incurred in connection therewith, provided that such costs and expenses (including property taxes) shall not exceed the property taxes pursuant to statutory tax rates and regulations. Interest on any past due payments, including but not limited to administrative charges and any other charges or fees arising out of or related to this Lease, shall accrue at the rate of 1 1/2% per month, or if such rate shall exceed the maximum rate allowed by law, then at such maximum rate, and shall be payable on demand. Charges for taxes, penalties and interest shall be promptly paid by Lessee when invoiced by Lessor. As security for the full performance of all of Lessee's obligations under each Equipment Schedule, Lessee shall, simultaneously with the execution and delivery of each Equipment Schedule, deposit with Lessor the amount set forth on such Equipment Schedule. The security deposit shall be promptly returned to Lessee by Lessor upon the expiration of such Equipment Schedule and return or purchase of all Equipment, as the case may be, provided that all Lessee obligations under such Equipment Schedule have been fulfilled.

Rental. (a) The minimum monthly rental (herein called the "Basic Rental") payable hereunder by Lessee to Lessor or its assigns for each Lease is as set forth in the Equipment Schedule(s)each Schedule. Basic Rental shall begin to accrue on the Installation Date for each item of Equipment and shall be due and payable by Lessee to Lessor in advance on or before the first day of each month. If the Installation Date beginning date for Basic Rental does not fall on the first day of a month, the rental first payment for that period the partial month will be prorated on the basis of time from the Installation Date until the Commencement Date shall be an amount equal to the Daily Rental multiplied by the number of days from (a 30-day month and including) the Installation Date to (but not including) the Commencement Date and shall will be due and payable on the Installation Datebeginning date for rent. In the event Lessee does not timely make any payment of Basic Rental or other monies due hereunder, Lessee shall be liable to Lessor for a stipulated damage amount equal to 18% per annum of the amount of said payment and shall pay said amount immediately to Lessor. MTI TECHNOLOGY CORPORATION MASTER LEASE NO. 20011 (b) In addition to the monthly rental set forth in the Equipment Schedule(s)Basic Rental, Lessee shall pay to Lessor an amount equal to all taxes taxes, if any, paid, payable or required to be collected by Lessor, however designated, which are levied or based on this transaction, the rentalBasic Rental, on the Lease or on a Lease, and/or the Equipment or on its purchase for lease hereunder, or on its use, lease, sale, operation, control or value (value, including, without limitation, state and local privilege sales, privilege, business license or excise taxes based on gross revenue), any penalties or interest in connection therewith which are attributable to Lessee's negligence or taxes or amounts in lieu thereof paid or payable by Lessor in respect of the foregoing, but excluding taxes based on Lessor's net incomeonly federal and state income taxes. Personal property taxes assessed taxes, if any, on the Equipment during the term hereof shall be filed with the appropriate authorities by Lessee and paid by Lessee. Lessee agrees that Lessorshall give Lessor written evidence of payment of personal property taxes within ten days of the due date. Except for personal property taxes, or Lessor's agent may file all required property tax returns and reports and pay all taxes thereon pertaining shall be invoiced by Lessor to Lessee unless such taxes are invoiced directly to Lessee by the appropriate taxing authorities. If Lessee makes timely payment to Lessor or directly to any taxing authority within the time provided by the authority for the payment of such taxes, then Lessee shall not be liable for any penalties or interest in respect of the taxes. If Lessee does not make timely payments to Lessor or directly to the Equipmenttaxing authority within the time provided by the authority for the payment of such taxes, then Lessee shall be liable for any penalties, interest or other charges in respect of the taxes. In such eventNotwithstanding anything hereinabove to the contrary, so long as Lessee is not in default hereunder, Lessee shall reimburse not be obligated by a Lease to pay any tax, levy or assessment in respect of a Lease or the Equipment so long as Lessee, in good faith, shall contest actively the validity thereof by appropriate legal proceedings. Lessee agrees that if such a proceeding is instituted, upon the final decision therein, or upon the discontinuance thereof, Lessee will forthwith pay such taxes, levies or assessments as are determined to be owing, together with all costs, interest and penalties and all damages and costs, including all attorneys' fees reasonably incurred, which Lessor may sustain in consequence of the non-payment of the taxes, levies or assessments when due. Subject to the foregoing, Lessee may contest any such taxes in Lessor's agent for all costs name, and expenses incurred in connection therewithLessor agrees, provided that such costs upon written request and expenses (including property taxes) shall not exceed the property taxes pursuant to statutory tax rates and regulations. If requested by Lessor, Lessee agrees to file, on behalf of Lessor, all required property tax returns and reports concerning the Equipment with all appropriate governmental agencies, and, within not more than thirty (30) days after the due date of such filing to send Lessor confirmation of such filing. Interest on any past due payments, including but not limited to administrative charges and any other charges or fees arising out of or related to this Lease, shall accrue at the rate of 1 1/2% per month, or if such rate shall exceed the maximum rate allowed by law, then at such maximum rate, and shall be payable on demand. Charges for taxes, penalties and interest shall be promptly paid by Lessee when invoiced by Lessor. As security for the full performance of all sole expense of Lessee's obligations under each Equipment Schedule, to cooperate with Lessee shall, simultaneously with in the execution and delivery prosecution of each Equipment Schedule, deposit with Lessor the amount set forth on any such Equipment Schedule. The security deposit shall be promptly returned to Lessee by Lessor upon the expiration of such Equipment Schedule and return or purchase of all Equipment, as the case may be, provided that all Lessee obligations under such Equipment Schedule have been fulfilledcontest.

Rental. The monthly rental payable hereunder is A. Tenant agrees to pay fixed rent ("Fixed Rent") to Landlord without notice, by check sent to Landlord at such address as set forth shall be provided by Landlord to Tenant, provided that such check shall be received by Landlord in sufficient time that the funds will be received by the Fixed Rent due date, or to such other persons or place as may be provided by written notice from the person then entitled to receive the Fixed Rent, in equal installments in advance on or before the first day of each month as specified in the Equipment Schedule(s)Basic Lease Information. Rental If Fixed Rent is not paid when due, interest shall begin accrue thereon at the Overdue Rate until payment is made. Tenant hereby acknowledges that late payment by Tenant to accrue Landlord of Fixed Rent, Additional Rent and other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges which may be imposed on Landlord by the Installation Date terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Fixed Rent or any other sum due to Landlord from Tenant shall not have been received by Landlord or Landlord's designee within fifteen (15) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to two percent (2%) of such overdue amount, together with interest on such overdue amount at the Overdue Rate. The parties agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder; provided that nothing contained herein shall relieve Landlord of a duty to mitigate damages under applicable law. B. The Fixed Rent for each item of Equipment and Renewal Term shall be due and payable by Lessee in equal monthly installments in advance on or before the first day of each month as provided in the Basic Lease Information. C. If, at any time from the first day of the month following the fourth anniversary of the Commencement Date through the last day of the month in which the seventh anniversary of the Commencement Date occurs (the "Initiating Date"), Tenant obtains a BBB- or better investment grade credit rating from Standard & Poors Corporation and a Baa3 or better investment grade credit rating from Moodx'x Xxxestors Services, Inc. for its senior debt obligations, and such investment grade credit ratings are maintained for 12 consecutive months (the "Lookback Period"), then: (i) on the first day of each monththe month following the Lookback Period, the annual Fixed Rent shall be reset to equal the Fixed Rent on the Initiating Date less an amount equal to the Purchase Price multiplied by the lesser of (a) 1.0%, or (b) the difference between (x) the Fixed Rent on the Initiating Date (calculated as a percentage of the Purchase Price), and (y) the yield for 10-year Treasury bills plus 275 basis points. The yield for use in the foregoing calculation will be as shown in the Treasury Constant Maturity Series in statistical release H.l5(519) of the Federal Reserve Board; or if that release is unavailable, a comparable publication. (ii) the annual Fixed Rent specified in the Basic Lease Information shall be increased at the end of every 30-month period measured from the Initiating Date by an amount equal to the annual Fixed Rent prior to such increase multiplied by the greater of 5.72028% or 56.25% of the increase in the CPI over the prior 30-month period. Such increase in the Fixed Rent shall not be greater than 11.632519% of the annual Fixed Rent immediately prior to the increase. D. If at any time from the Installation Date does not fall first day of the month following the Initiating Date, Tenant obtains an A- or better investment grade credit rating from Standard & Poors Corporation and an A3 or better investment grade credit rating from Moodx'x Xxxestors Services, Inc. for its senior debt obligations, and such investment grade credit ratings are maintained during the Lookback period, then: (i) on the first day of a monththe month following the Lookback Period, the rental for that period of time from the Installation Date until the Commencement Date annual Fixed Rent shall be reset to equal the Fixed Rent on the Initiating Date less an amount equal to the Daily Rental Purchase Price multiplied by the number lesser of days from (and includinga) 2.0%, or (b) the Installation Date to difference between (but not includingx) the Commencement Fixed Rent on the Initiating Date (calculated as a percentage of the Purchase Price) and (y) the yield, determined as provided above, for 10-year Treasury obligations plus 225 basis points. (ii) the annual Fixed Rent specified in the Basic Lease Information shall be due and payable on increased at the Installation Date. In addition to end of every 30-month period measured from the monthly rental set forth in the Equipment Schedule(s), Lessee shall pay to Lessor Initiating Date by an amount equal to all taxes paidthe annual Fixed Rent prior to such increase multiplied by the greater of 5.72028% or 56.25% of the increase in the CPI over the prior 30-month period. Such increase in the Fixed Rent shall not be greater than 11.632519% of the annual Fixed Rent immediately prior to the increase. E. If, payable or at any time from the first day of the month following the Initiating Date, Tenant obtains either of the required to be collected by Lessorinvestment grade ratings indicated in subparagraphs C and D, however designatedbut not both and such investment grade credit ratings are maintained during the Lookback Period, which are levied or based then: (i) on the rentalfirst day of the month following the Lookback Period, the annual Fixed Rent shall be reset to equal the Fixed Rent on the Lease Initiating Date less an amount equal to the Purchase Price multiplied by the lesser of (a) 1.5%, or (b) the difference between (x) the Fixed Rent on the Equipment Initiating Date (calculated as a percentage of the Purchase Price) and (y) the yield, determined as provided above, for 10-year Treasury obligations plus 250 basis points. (ii) the annual Fixed Rent specified in the Basic Lease Information shall be increased at the end of every 30-month period measured from the Initiating Date by an amount equal to the annual Fixed Rent prior to such increase multiplied by the greater of 5.72028% or on its purchase for lease hereunder, or on its use, lease, operation, control or value (including, without limitation, state and local privilege or excise taxes based on gross revenue56.25% of the increase in the CPI over the prior 30-month period. Such increase in the Fixed Rent shall not be greater than 11.632519% of the annual Fixed Rent immediately prior to the increase. In no event shall the calculation required by subparagraphs C(i), any penalties or interest D(i) and E(i) above result in connection therewith which are attributable to Lessee's negligence or taxes or amounts an increase in lieu thereof paid or payable by Lessor in respect of the foregoing, but excluding taxes based on Lessor's net income. Personal property taxes assessed on the Equipment during the term hereof shall be paid by Lessee. Lessee agrees that Lessor, or Lessor's agent may file all required property tax returns and reports and pay all taxes thereon pertaining to the Equipment. In such event, Lessee shall reimburse Lessor or Lessor's agent for all costs and expenses incurred in connection therewith, provided that such costs and expenses (including property taxes) shall not exceed the property taxes pursuant to statutory tax rates and regulations. If requested by Lessor, Lessee agrees to file, on behalf of Lessor, all required property tax returns and reports concerning the Equipment with all appropriate governmental agencies, and, within not more than thirty (30) days after the due date of such filing to send Lessor confirmation of such filing. Interest on any past due payments, including but not limited to administrative charges and any other charges or fees arising out of or related to this Lease, shall accrue at the rate of 1 1/2% per month, or if such rate shall exceed the maximum rate allowed by law, then at such maximum rate, and shall be payable on demand. Charges for taxes, penalties and interest shall be promptly paid by Lessee when invoiced by Lessor. As security for the full performance of all of Lessee's obligations under each Equipment Schedule, Lessee shall, simultaneously with the execution and delivery of each Equipment Schedule, deposit with Lessor the amount set forth on such Equipment Schedule. The security deposit shall be promptly returned to Lessee by Lessor upon the expiration of such Equipment Schedule and return or purchase of all Equipment, as the case may be, provided that all Lessee obligations under such Equipment Schedule have been fulfilledFixed Rent.

Rental. The monthly rental payable hereunder is A. Tenant agrees to pay fixed rent ("Fixed Rent") to Landlord without notice, by check sent to Landlord at such address as set forth shall be provided by Landlord to Tenant, provided that such check shall be received by Landlord in sufficient time that the funds will be received by the Fixed Rent due date, or to such other persons or place as may be provided by written notice from the person then entitled to receive the Fixed Rent, in equal installments in advance on or before the first day of each month as specified in the Equipment Schedule(s)Basic Lease Information. Rental If Fixed Rent is not paid when due, interest shall begin accrue thereon at the Overdue Rate until payment is made. Tenant hereby acknowledges that the late payment by Tenant to accrue Landlord of Fixed Rent, Additional Rent and other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges which may be imposed on Landlord by the Installation Date terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Fixed Rent or any other sum due to Landlord from Tenant shall not have been received by Landlord or Landlord's designee within fifteen (15) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to two percent (2%) of such overdue amount, together with interest on such overdue amount at the Overdue Rate. The parties agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder; provided that nothing contained herein shall relieve Landlord of a duty to mitigate damages under applicable law. B. The Fixed Rent for each item of Equipment and Renewal Term shall be due and payable by Lessee in equal monthly installments in advance on or before the first day of each month as provided in the Basic Lease Information. C. If, on or before the first day of any calendar quarter commencing on April 1, 1998 up to and including April 1, 2001 (each, an "Initiating Date"), Tenant delivers a written notice to Landlord (an "Investment Improvement Notice") stating that Tenant or any of SC International Services, Inc. ("SCIS"), Sky Chefs, Inc. ("Sky Chefs") Onex Food Services, Inc. ("OFSI") or Caterair International, Inc. (II) ("CII" and together with SCIS, Sky Chefs and OFSI, the "Guarantors") currently has a BBB- or better investment grade credit rating from Standard & Poor's Corporation and a Baa3 or better investment grade credit rating from Moodx'x Xxxestors Service, Inc. for its senior debt obligations, then: (i) Subject to Section 4.F. hereof, on the first day of each monththe next calendar quarter following the Initiating Date, the annual Fixed Rent shall be reset to equal the Fixed Rent on the Initiating Date less an amount equal to the Purchase Price multiplied by the lesser of (a) 1.0%, or (b) the difference between (x) the Fixed Rent on the Initiating Date (calculated as a percentage of the Purchase Price), and (y) the yield for 10-year Treasury bills plus 275 basis points. If The yield for use in the Installation foregoing calculation will be as shown in the Treasury Constant Maturity Series in statistical release H.15(519) of the Federal Reserve Board; or if that release is unavailable, a comparable publication. (ii) Subject to Section 4.F. hereof, the annual Fixed Rent specified in the Basic Lease Information shall be increased at the end of every 30-month period measured from the Initiating Date does by an amount equal to the annual Fixed Rent prior to such increase multiplied by the greater of 5.72028% or 56.25% of the increase in the CPI over the prior 30-month period. Such increase in the Fixed Rent shall not fall be greater than 11.632519% of the annual Fixed Rent immediately prior to the increase. D. If, on an Initiating Date, Tenant delivers an Investment Improvement Notice stating that Tenant or any of the Guarantors currently has an A- or better investment grade credit rating from Standard & Poor's Corporation and an A3 or better investment grade credit rating from Moodx'x Xxxestors Service, Inc. for its senior debt obligations. (i) Subject to Section 4.F. hereof, on the first day of a monthnext calendar quarter following the Initiating Date, the rental for that period of time from the Installation Date until the Commencement Date annual Fixed Rent shall be reset to equal the Fixed Rent on the Initiating Date less an amount equal to the Daily Rental Purchase Price multiplied by the number lesser of days from (and includinga) 2.0%, or (b) the Installation Date to difference between (but not includingx) the Commencement Date and shall be due and payable Fixed Rent on the Installation Date. In addition to the monthly rental set forth in the Equipment Schedule(s), Lessee shall pay to Lessor an amount equal to all taxes paid, payable or required to be collected by Lessor, however designated, which are levied or based on the rental, on the Lease or on the Equipment or on its purchase for lease hereunder, or on its use, lease, operation, control or value Initiating Date (including, without limitation, state and local privilege or excise taxes based on gross revenue), any penalties or interest in connection therewith which are attributable to Lessee's negligence or taxes or amounts in lieu thereof paid or payable by Lessor in respect of the foregoing, but excluding taxes based on Lessor's net income. Personal property taxes assessed on the Equipment during the term hereof shall be paid by Lessee. Lessee agrees that Lessor, or Lessor's agent may file all required property tax returns and reports and pay all taxes thereon pertaining to the Equipment. In such event, Lessee shall reimburse Lessor or Lessor's agent for all costs and expenses incurred in connection therewith, provided that such costs and expenses (including property taxes) shall not exceed the property taxes pursuant to statutory tax rates and regulations. If requested by Lessor, Lessee agrees to file, on behalf of Lessor, all required property tax returns and reports concerning the Equipment with all appropriate governmental agencies, and, within not more than thirty (30) days after the due date of such filing to send Lessor confirmation of such filing. Interest on any past due payments, including but not limited to administrative charges and any other charges or fees arising out of or related to this Lease, shall accrue at the rate of 1 1/2% per month, or if such rate shall exceed the maximum rate allowed by law, then at such maximum rate, and shall be payable on demand. Charges for taxes, penalties and interest shall be promptly paid by Lessee when invoiced by Lessor. As security for the full performance of all of Lessee's obligations under each Equipment Schedule, Lessee shall, simultaneously with the execution and delivery of each Equipment Schedule, deposit with Lessor the amount set forth on such Equipment Schedule. The security deposit shall be promptly returned to Lessee by Lessor upon the expiration of such Equipment Schedule and return or purchase of all Equipment, calculated as the case may be, provided that all Lessee obligations under such Equipment Schedule have been fulfilled.a

Rental. The monthly Lessee agrees to make all rental payable hereunder is payments to the Lessor as set forth specified in the Equipment Schedule(s)applicable Lease. Rental Payment of said rental shall begin to accrue be made on the Installation Date for each item dates specified in the Lease at the office of Equipment Lessor, 200 Xxxx Xxxxxxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxx 00000, or to such other person, firm or corporation at such other place as Lessor may from time to time designate in writing. Lessor and shall be due and payable by Lessee in advance acknowledge that the Payment Schedule specified on the first day of each month. If the Installation Date does not fall on the first day of a month, the rental for that period of time from the Installation Date until the Commencement Date shall be an amount equal to the Daily Rental multiplied by the number of days from (and including) the Installation Date to (but not including) the Commencement Date and shall be due and payable on the Installation Date. In addition to the monthly rental set forth in the Equipment Schedule(s), Lessee shall pay to Lessor an amount equal to all taxes paid, payable or required to be collected by Lessor, however designated, which are levied or Lease was based on the rentalEquipment being delivered and placed in service during the current calendar year specified in the Lease, on and agree that the Payment Schedule specified in the Lease will be modified if all or on a portion of the Equipment is not delivered or on its purchase for lease hereunder, or on its use, lease, operation, control or value (including, without limitation, state and local privilege or excise taxes based on gross revenue), any penalties or interest placed in connection therewith which are attributable to Lessee's negligence or taxes or amounts in lieu thereof paid or payable by Lessor in respect of the foregoing, but excluding taxes based on Lessor's net income. Personal property taxes assessed on the Equipment service during the term hereof shall be paid by Lessee. Lessee agrees that Lessor, or Lessor's agent may file all required property tax returns and reports and pay all taxes thereon pertaining to calendar year specified in the EquipmentLease. In such event, Lessor will prepare an amendment to the Lease modifying the original Payment Schedule specified therein to maintain the economic yield that Lessor had anticipated at the signing of the Lease. Lessee shall reimburse Lessor or Lessor's agent for all costs agrees to promptly execute and expenses incurred deliver such amendment to the Lease. In the event a portion, but not all, of the Equipment is delivered and placed in connection therewith, provided that such costs and expenses (including property taxes) shall not exceed service during the property taxes pursuant to statutory tax rates and regulations. If requested by Lessorcalendar year specified in the Lease, Lessee agrees to file, on behalf execute and deliver a Modified Delivery and Acceptance Agreement as to the portion of Lessor, all required property tax returns and reports concerning the Equipment with all appropriate governmental agencies, and, within not delivered and placed in service. The Payment Amount on each Lease equals the Total Cost times the applicable Rental Factor (or Factors where there is more than thirty one Payment Amount in a Payment Schedule). The number of Payment Amounts and their timing is the Payment Schedule. The Payment Schedule will remain the same provided the Commencement Date of Lease (30as defined in the Lease) is within 2 business days of the Swap Rate Date. If the Commencement Date of Lease occurs after this time, the due Rental Factor will be adjusted for every basis point change in the Swap Rate from the date on the Lease to the Commencement Date of such filing to send Lease. Lessor confirmation may adjust a Lease’s Payment Amount if there is a difference between the Swap Rate listed on the Lease and the half-term LIBOR Swap Rate as published by the United States Federal Reserve Board on that Lease’s Commencement Date of such filingLease. Interest on any past due payments, including but not limited to administrative charges and any other charges or fees arising out of or related to this Lease, shall accrue at For a 10 basis point movement in the rate of 1 1/2% per month, or if such rate shall exceed the maximum rate allowed by law, then at such maximum LIBOR swap rate, and shall be payable on demand. Charges for taxes, penalties and interest shall be promptly paid Lessor may adjust the Rental Factor(s) by Lessee when invoiced by Lessor. As security for the full performance of all of Lessee's obligations under each Equipment Schedule, Lessee shall, simultaneously with the execution and delivery of each Equipment Schedule, deposit with Lessor the amount Rental Factor Change Rate set forth on such Equipment the Lease. Lessor may then multiply the adjusted Rental Factor(s) by the Total Cost to arrive at the adjusted Payment Schedule. The security deposit shall be promptly returned to Lessee by Lessor upon the expiration of such Equipment Schedule and return or purchase of all Equipment, as the case may be, provided that all Lessee obligations under such Equipment Schedule have been fulfilled.

Rental. The monthly rental ("Monthly Rental") for each Item of Equipment payable hereunder is as set forth in the applicable Equipment Schedule(s)Schedule. Rental for each Item of Equipment shall begin to accrue on the Installation Date for each item of such Item of Equipment and shall be due and payable by Lessee in advance on the first day of each monthmonth whether or not Lessee has received any notice that such payment is due. If the Installation Date does not fall on the first day of a the month, the rental for that period of time from the Installation Date until the Commencement Date first day of the succeeding month shall be an amount equal to the Daily Rental multiplied by the number of days from (and including) the Installation Date to (but not including) the Commencement Date first day of the succeeding month and shall be due and payable on the Installation Date. The Monthly Rental set forth on the applicable Equipment Schedule is conditioned upon the federal corporate income tax rate in effect on the Installation Date. In addition to the monthly rental Monthly Rental set forth in the Equipment Schedule(s), Lessee shall pay to Lessor an amount equal to all taxes paid, payable payable, or required to be collected by Lessor, however designated, which are levied or based on the rental, on the Lease Lease, or on the Equipment or on its purchase for lease hereunderpurchase, or on its sale, ownership, delivery, possession, use, lease, operation, control control, or value (including, without limitation, state and local privilege or excise taxes based on gross revenue), any penalties or interest in connection therewith which are attributable to Lessee's not arising from negligence on the part of Lessor or taxes or amounts in lieu thereof paid or payable by Lessor in respect of the foregoing, but excluding taxes based on Lessor's net income. Personal Lessor shall be responsible for the timely filing of all necessary personal property tax returns or declarations and shall pay all personal property taxes levied or assessed on against the Equipment during the term hereof shall be paid Initial Term of the applicable Equipment Schedule, and all renewals and extensions thereof, before the taxes become delinquent. Promptly upon presentation of evidence of liability for personal property taxes by Lessor to Lessee. Lessee agrees that Lessor, or Lessor's agent may file all required property tax returns and reports and pay all taxes thereon pertaining to the Equipment. In such event, Lessee shall reimburse Lessor or Lessor's agent for all costs and expenses incurred in connection therewith, provided that such costs and expenses (including property taxes) shall not exceed the amounts of personal property taxes pursuant to statutory tax rates and regulations. If requested by Lessordue, Lessee agrees to file, on behalf of Lessor, all required property tax returns and reports concerning the Equipment with all appropriate governmental agencies, and, within not more than thirty (30) days after the due date of such filing to send Lessor confirmation of such filingwithout proration. Interest on any past due payments, including but not limited to administrative charges and any other charges or fees arising out of or related to this Lease, payments shall accrue at the rate of 1 1/2% 1/2 percent per month, or if such rate shall exceed the maximum rate allowed by law, then at such maximum rate, and shall be payable on demand. Charges for taxes, penalties penalties, and interest shall be promptly paid by Lessee when invoiced by Lessor. As security for the full performance of all of Lessee's obligations under each Equipment Schedule, Lessee shall, simultaneously with the execution and delivery of each Equipment Schedule, deposit with Lessor the amount set forth on such Equipment Schedule. The security deposit shall be promptly returned to Lessee by Lessor upon the expiration of such Equipment Schedule and return or purchase of all Equipment, as the case may be, provided that all Lessee obligations under such Equipment Schedule have been fulfilled.

Rental. The monthly rental payable hereunder is A. Tenant agrees to pay fixed rent ("Fixed Rent") to Landlord without notice, by check sent to Landlord at such address as set forth shall be provided by Landlord to Tenant, provided that such check shall be received by Landlord in sufficient time that the funds will be received by the Fixed Rent due date, or to such other persons or place as may be provided by written notice from the person then entitled to receive the Fixed Rent, in equal installments in advance on or before the first day of each month as specified in the Equipment Schedule(s)Basic Lease Information. Rental If Fixed Rent is not paid when due, interest shall begin accrue thereon at the Overdue Rate until payment is made. Tenant hereby acknowledges that the late payment by Tenant to accrue Landlord of Fixed Rent, Additional Rent and other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges which may be imposed on Landlord by the Installation Date terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Fixed Rent or any other sum due to Landlord from Tenant shall not have been received by Landlord or Landlord's designee within fifteen (15) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to two percent (2%) of such overdue amount, together with interest on such overdue amount at the Overdue Rate. The parties agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder; provided that nothing contained herein shall relieve Landlord of a duty to mitigate damages under applicable law. B. The Fixed Rent for each item of Equipment and Renewal Term shall be due and payable by Lessee in equal monthly installments in advance on or before the first day of each month as provided in the Basic Lease Information. C. If, on or before the first day of any calendar quarter commencing on April 1, 1998 up to and including April 1, 2001 (each, an "Initiating Date"), Tenant delivers a written notice to Landlord (an "Investment Improvement Notice") stating that Tenant or any of SC International Services, Inc. ("SCIS"), Sky Chefs, Inc. ("Sky Chefs") Onex Food Services, Inc. ("OFSI") or Caterair International, Inc. (II) ("CII" and together with SCIS, Sky Chefs and OFSI, the "Guarantors") currently has a BBB-or better investment grade credit rating from Standard & Poor's Corporation and a Baa3 or better investment grade credit rating from Moodx'x Xxxestors Service, Inc. for its senior debt obligations, then: (i) Subject to Section 4.F. hereof, on the first day of each monththe next calendar quarter following the Initiating Date, the annual Fixed Rent shall be reset to equal the Fixed Rent on the Initiating Date less an amount equal to the Purchase Price multiplied by the lesser of (a) 1.0%, or (b) the difference between (x) the Fixed Rent on the Initiating Date (calculated as a percentage of the Purchase Price), and (y) the yield for 10-year Treasury bills plus 275 basis points. If The yield for use in the Installation foregoing calculation will be as shown in the Treasury Constant Maturity Series in statistical release H.15(519) of the Federal Reserve Board; or if that release is unavailable, a comparable publication. (ii) Subject to Section 4.F. hereof, the annual Fixed Rent specified in the Basic Lease Information shall be increased at the end of every 30-month period measured from the Initiating Date does by an amount equal to the annual Fixed Rent prior to such increase multiplied by the greater of 5.72028% or 56.25% of the increase in the CPI over the prior 30-month period. Such increase in the Fixed Rent shall not fall be greater than 11.632519% of the annual Fixed Rent immediately prior to the increase. D. If, on an Initiating Date, Tenant delivers an Investment Improvement Notice stating that Tenant or any of the Guarantors currently has an A-or better investment grade credit rating from Standard & Poor's Corporation and an A3 or better investment grade credit rating from Moodx'x Xxxestors Service, Inc. for its senior debt obligations. (i) Subject to Section 4.F. hereof, on the first day of a monthnext calendar quarter following the Initiating Date, the rental for that period of time from the Installation Date until the Commencement Date annual Fixed Rent shall be reset to equal the Fixed Rent on the Initiating Date less an amount equal to the Daily Rental Purchase Price multiplied by the number lesser of days from (and includinga) 2.0%, or (b) the Installation Date to difference between (but not includingx) the Commencement Date and shall be due and payable Fixed Rent on the Installation Date. In addition to the monthly rental set forth in the Equipment Schedule(s), Lessee shall pay to Lessor an amount equal to all taxes paid, payable or required to be collected by Lessor, however designated, which are levied or based on the rental, on the Lease or on the Equipment or on its purchase for lease hereunder, or on its use, lease, operation, control or value Initiating Date (including, without limitation, state and local privilege or excise taxes based on gross revenue), any penalties or interest in connection therewith which are attributable to Lessee's negligence or taxes or amounts in lieu thereof paid or payable by Lessor in respect of the foregoing, but excluding taxes based on Lessor's net income. Personal property taxes assessed on the Equipment during the term hereof shall be paid by Lessee. Lessee agrees that Lessor, or Lessor's agent may file all required property tax returns and reports and pay all taxes thereon pertaining to the Equipment. In such event, Lessee shall reimburse Lessor or Lessor's agent for all costs and expenses incurred in connection therewith, provided that such costs and expenses (including property taxes) shall not exceed the property taxes pursuant to statutory tax rates and regulations. If requested by Lessor, Lessee agrees to file, on behalf of Lessor, all required property tax returns and reports concerning the Equipment with all appropriate governmental agencies, and, within not more than thirty (30) days after the due date of such filing to send Lessor confirmation of such filing. Interest on any past due payments, including but not limited to administrative charges and any other charges or fees arising out of or related to this Lease, shall accrue at the rate of 1 1/2% per month, or if such rate shall exceed the maximum rate allowed by law, then at such maximum rate, and shall be payable on demand. Charges for taxes, penalties and interest shall be promptly paid by Lessee when invoiced by Lessor. As security for the full performance of all of Lessee's obligations under each Equipment Schedule, Lessee shall, simultaneously with the execution and delivery of each Equipment Schedule, deposit with Lessor the amount set forth on such Equipment Schedule. The security deposit shall be promptly returned to Lessee by Lessor upon the expiration of such Equipment Schedule and return or purchase of all Equipment, calculated as the case may be, provided that all Lessee obligations under such Equipment Schedule have been fulfilled.a

Rental. The monthly rental ("Monthly Rental") for each Item of Equipment payable hereunder is as set forth in the applicable Equipment Schedule(s)Schedule. Rental for each Item of Equipment shall begin to accrue on the Installation Date for each item of such Item of Equipment and shall be due and payable by Lessee in advance on the first day of each monthmonth whether or not Lessee has received any notice that such payment is due. If the Installation Date does not fall on the first day of a the month, the rental for that period of time from the Installation Date until the Commencement Date first day of the succeeding month shall be an amount equal to the Daily Rental multiplied by the number of days from (and including) the Installation Date to (but but, not including) the Commencement Date first day of the succeeding month and shall be due and payable on the Installation Date. The Monthly Rental set forth on the applicable Equipment Schedule is conditioned upon the federal corporate income tax rate in effect on the Installation Date. Should the federal corporate income tax rate be increased during the term of the applicable Equipment Schedule all Monthly Rental payments, commencing with the first payment due after the effective date of such tax rate increase, shall be increased so as to maintain the net economic after-tax yield, cash flow, and rate of return Lessor originally anticipated based on the foregoing tax rate assumption. In addition to the monthly rental Monthly Rental set forth in the Equipment Schedule(s), Lessee shall pay to Lessor an amount equal to all taxes paid, payable payable, or required to be collected by Lessor, however designated, which are levied or based on the rental, on the Lease Lease, or on the Equipment or on its purchase for lease hereunderpurchase, or on its sale, ownership, delivery, possession, use, lease, operation, control control, or value (including, without limitation, state and local privilege or excise taxes based on gross revenue), any penalties or interest in connection therewith which are attributable to Lessee's not arising from negligence on the part of Lessor or taxes or amounts in lieu thereof paid or payable by Lessor in respect of the foregoing, but excluding taxes based on Lessor's net income. Personal Lessor shall be responsible for the timely filing of all necessary personal property tax returns or declarations and shall pay all personal property taxes levied or assessed on against the Equipment during the term hereof shall be paid Initial Term of the applicable Equipment Schedule, and all renewals and extensions thereof, before the taxes become delinquent. Promptly upon presentation of evidence of liability for personal property taxes by Lessor to Lessee. Lessee agrees that Lessor, or Lessor's agent may file all required property tax returns and reports and pay all taxes thereon pertaining to the Equipment. In such event, Lessee shall reimburse Lessor or Lessor's agent for all costs and expenses incurred in connection therewith, provided that such costs and expenses (including property taxes) shall not exceed the amounts of personal property taxes pursuant to statutory tax rates and regulations. If requested by Lessordue, Lessee agrees to file, on behalf of Lessor, all required property tax returns and reports concerning the Equipment with all appropriate governmental agencies, and, within not more than thirty (30) days after the due date of such filing to send Lessor confirmation of such filingwithout proration. Interest on any past due payments, including but not limited to administrative charges and any other charges or fees arising out of or related to this Lease, payments shall accrue at the rate of 1 1/2% 1/2 percent per month, or if such rate shall exceed the maximum rate allowed by law, then at such maximum rate, and shall be payable on demand. Charges for taxes, penalties penalties, and interest shall be promptly paid by Lessee when invoiced by Lessor. As security for the full performance of all of Lessee's obligations under each Equipment Schedule, Lessee shall, simultaneously with the execution and delivery of each Equipment Schedule, deposit with Lessor the amount set forth on such Equipment Schedule. The security deposit shall be promptly returned to Lessee by Lessor upon the expiration of such Equipment Schedule and return or purchase of all Equipment, as the case may be, provided that all Lessee obligations under such Equipment Schedule have been fulfilled.

Rental. The monthly rental payable hereunder is A. Tenant agrees to pay fixed rent ("Fixed Rent") to Landlord without notice, by check sent to Landlord at such address as set forth in the Equipment Schedule(s). Rental shall begin to accrue on the Installation Date for each item of Equipment and shall be provided by Landlord to Tenant, provided that such check shall be received by Landlord in sufficient time that the funds will be received by the Fixed Rent due and payable date, or to such other persons or place as may be provided by Lessee written notice from the person then entitled to receive the Fixed Rent, in equal installments in advance on or before the first day of each monthmonth as specified in the Basic Lease Information. If Fixed Rent is not paid when due, interest shall accrue thereon at the Installation Date does Overdue Rate until payment is made. Tenant hereby acknowledges that the late payment by Tenant to Landlord of Fixed Rent, Additional Rent and other sums due under this Lease will cause Landlord to incur costs not fall contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of Fixed Rent or any other sum due to Landlord from Tenant shall not have been received by Landlord or Landlord's designee within fifteen (15) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to two percent (2%) of such overdue amount, together with interest on such overdue amount at the Overdue Rate. The parties agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder; provided that nothing contained herein shall relieve Landlord of a duty to mitigate damages under applicable law. B. The Fixed Rent for each Renewal Term shall be payable in equal monthly installments in advance on or before the first day of a month, the rental for that period of time from the Installation Date until the Commencement Date shall be an amount equal to the Daily Rental multiplied by the number of days from (and including) the Installation Date to (but not including) the Commencement Date and shall be due and payable on the Installation Date. In addition to the monthly rental set forth each month as provided in the Equipment Schedule(s), Lessee shall pay to Lessor an amount equal to all taxes paid, payable or required to be collected by Lessor, however designated, which are levied or based on the rental, on Basic Lease Information. 1.3 Section 15 of the Lease or on the Equipment or on is hereby amended and restated in its purchase for lease hereunderentirety, or on its use, lease, operation, control or value (including, without limitation, state and local privilege or excise taxes based on gross revenue), any penalties or interest in connection therewith which are attributable to Lessee's negligence or taxes or amounts in lieu thereof paid or payable by Lessor in respect effective as of the foregoingEffective Date, but excluding taxes based on Lessor's net income. Personal property taxes assessed on the Equipment during the term hereof shall be paid by Lessee. Lessee agrees that Lessor, or Lessor's agent may file all required property tax returns and reports and pay all taxes thereon pertaining to the Equipment. In such event, Lessee shall reimburse Lessor or Lessor's agent for all costs and expenses incurred in connection therewith, provided that such costs and expenses (including property taxes) shall not exceed the property taxes pursuant to statutory tax rates and regulations. If requested by Lessor, Lessee agrees to file, on behalf of Lessor, all required property tax returns and reports concerning the Equipment with all appropriate governmental agencies, and, within not more than thirty (30) days after the due date of such filing to send Lessor confirmation of such filing. Interest on any past due payments, including but not limited to administrative charges and any other charges or fees arising out of or related to this Lease, shall accrue at the rate of 1 1/2% per month, or if such rate shall exceed the maximum rate allowed by law, then at such maximum rate, and shall be payable on demand. Charges for taxes, penalties and interest shall be promptly paid by Lessee when invoiced by Lessor. As security for the full performance of all of Lessee's obligations under each Equipment Schedule, Lessee shall, simultaneously with the execution and delivery of each Equipment Schedule, deposit with Lessor the amount set forth on such Equipment Schedule. The security deposit shall be promptly returned to Lessee by Lessor upon the expiration of such Equipment Schedule and return or purchase of all Equipment, read as the case may be, provided that all Lessee obligations under such Equipment Schedule have been fulfilled.follows:

Rental. The monthly (a) Tenant shall pay to Landlord throughout the term of this Lease as rental for the Premises the sum specified in the Basic Lease Information as the Base Rent, provided that the rental payable hereunder is as during each calendar year subsequent to the Base Year shall be the Base Rent, increased by Tenant's percentage share of the total dollar increase, if any, in Operating Expenses paid or incurred by Landlord in such year over the Base Operating Expenses, and also increased by Tenant's percentage share of the total dollar increase, if any, in Property Taxes paid by Landlord in such year over the Base Property Taxes. Tenant acknowledges that the Basic Lease Information may set forth in the Equipment Schedule(s)different percentage shares of Operating Expenses and Property Taxes or a single percentage share applicable to both. The increased rental due pursuant to this paragraph (a) is hereinafter referred to as "Escalation Rent." (b) Rental shall begin be paid to accrue Landlord on or before the Installation Date for each item first day of Equipment the term hereof and shall be due and payable by Lessee in advance on or before the first day of each monthand every successive calendar month thereafter during the term hereof. If In the Installation Date does not fall event the term of this Lease commences on a day other than the first day of a calendar month or ends on a day other than the last day of a calendar month, the monthly rental for that period the first and last fractional months of time from the Installation Date until the Commencement Date shall be an amount equal to the Daily Rental multiplied by the number of days from (and including) the Installation Date to (but not including) the Commencement Date and shall be due and payable on the Installation Date. In addition to the monthly rental set forth in the Equipment Schedule(s), Lessee shall pay to Lessor an amount equal to all taxes paid, payable or required to be collected by Lessor, however designated, which are levied or based on the rental, on the Lease or on the Equipment or on its purchase for lease hereunder, or on its use, lease, operation, control or value (including, without limitation, state and local privilege or excise taxes based on gross revenue), any penalties or interest in connection therewith which are attributable to Lessee's negligence or taxes or amounts in lieu thereof paid or payable by Lessor in respect of the foregoing, but excluding taxes based on Lessor's net income. Personal property taxes assessed on the Equipment during the term hereof shall be appropriately prorated. (c) All sums of money due from Tenant hereunder not specifically characterized as rental shall constitute additional rent, and if any such sum is not paid by Lessee. Lessee agrees that Lessorwhen due it shall nonetheless be collectible as additional rent with the next installment of rental thereafter falling due, but nothing contained herein shall be deemed to suspend or delay the payment of any sum of money at the time it becomes due and payable hereunder, or Lessor's agent may file all required property tax returns to limit any other remedy of Landlord. (d) Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and reports and pay all taxes thereon pertaining to the Equipment. In such event, Lessee shall reimburse Lessor or Lessor's agent for all costs and expenses incurred in connection therewith, provided that such costs and expenses (including property taxes) shall not exceed the property taxes pursuant to statutory tax rates and regulations. If requested by Lessor, Lessee agrees to file, on behalf of Lessor, all required property tax returns and reports concerning the Equipment with all appropriate governmental agencies, and, within not more than thirty (30) days other sums due hereunder after the due date expiration of such filing any applicable grace period described in Paragraph 19 (a) will cause Landlord to send Lessor confirmation of such filing. Interest on any past due payments, including but incur costs not limited to administrative charges and any other charges or fees arising out of or related to contemplated by this Lease, shall accrue at the rate exact amount of 1 1/2% per monthwhich will be difficult to ascertain. Such costs include, or if such rate shall exceed the maximum rate allowed by lawbut are not limited to, then at such maximum rateprocessing and accounting charges, and late charges which may be imposed on Landlord by the terms of any encumbrances covering the Building and the Premises. Accordingly, if any installment of rent or any other sums due from Tenant shall not be payable on demand. Charges for taxes, penalties and interest shall be promptly paid received by Lessee when invoiced by Lessor. As security for the full performance of all of Lessee's obligations under each Equipment Schedule, Lessee shall, simultaneously with the execution and delivery of each Equipment Schedule, deposit with Lessor the amount set forth on such Equipment Schedule. The security deposit shall be promptly returned Landlord prior to Lessee by Lessor upon the expiration of any applicable grace period described in Paragraph 19(a), Tenant shall pay to Landlord a late charge equal to 2% of such Equipment Schedule and return or purchase of all Equipment, as the case may be, provided overdue amount. The parties hereby agree that all Lessee obligations under such Equipment Schedule have been fulfilled.such

Rental. The monthly rental payable hereunder is as Comment [JH1]: Is the amount to be paid set forth in Exhibit B? It's not clear to me how payment "based on the Equipment Schedule(s)usage of the space" will be calculated. Is that described in Exhibit B? (a) WTT shall pay to the TOWN rent for its use of the office areas and other areas as reserved by WTT, according to the schedule of fees set forth in Exhibit B, attached hereto and made a part hereof. Payments for rent shall be made each month based on the usage of the space that month. Rental shall begin to accrue on the Installation Date for each item of Equipment and shall be due and payable by Lessee in advance on the first day of each month. If the Installation Date does not fall on the first day of a month, the rental for that period of time from the Installation Date until the Commencement Date shall be an amount equal to the Daily Rental multiplied by the number of days from (and including) the Installation Date to (but not including) the Commencement Date and fees shall be due and payable on or before the Installation Date15th day of each month as payment for the immediately preceding month. In addition to the monthly rental set forth in the Equipment Schedule(s)The first such installment of rent is due and payable on or before November 15, Lessee shall pay to Lessor an amount equal to all taxes paid, payable or required to be collected by Lessor, however designated, which are levied or based on the rental, on the Lease or on the Equipment or on its purchase for lease hereunder, or on its use, lease, operation, control or value (including, without limitation, state and local privilege or excise taxes based on gross revenue), any penalties or interest in connection therewith which are attributable to Lessee's negligence or taxes or amounts in lieu thereof paid or payable by Lessor in respect of the foregoing, but excluding taxes based on Lessor's net income. Personal property taxes assessed on the Equipment during the term hereof shall be paid by Lessee. Lessee agrees that Lessor, or Lessor's agent may file all required property tax returns and reports and pay all taxes thereon pertaining to the Equipment. In such event, Lessee shall reimburse Lessor or Lessor's agent for all costs and expenses incurred in connection therewith, provided that such costs and expenses (including property taxes) shall not exceed the property taxes pursuant to statutory tax rates and regulations. If requested by Lessor, Lessee agrees to file, on behalf of Lessor, all required property tax returns and reports concerning the Equipment with all appropriate governmental agencies, and, within not more than thirty (30) days after the due date of such filing to send Lessor confirmation of such filing. Interest on any past due payments, including but not limited to administrative charges and any other charges or fees arising out of or related to this Lease, shall accrue at the rate of 1 1/2% per month, or if such rate shall exceed the maximum rate allowed by law, then at such maximum rate2014, and shall be the last such installment is due and payable on demand. Charges for taxesor before October 15, penalties 2015 (and interest the obligation of WTT to make the last installment shall be promptly paid by Lessee when invoiced by Lessor. As security for the full performance of all of Lessee's obligations under each Equipment Schedule, Lessee shall, simultaneously with the execution and delivery of each Equipment Schedule, deposit with Lessor the amount set forth on such Equipment Schedule. The security deposit shall be promptly returned to Lessee by Lessor upon survive the expiration of this Agreement). . The TOWN further reserves the right to adjust the rates of the fees set out on Exhibit B from time to time in accordance with changes in the costs associated with operating the facility, by providing WTT at least 45 days prior written notice of the change. The TOWN shall invoice WTT for all dates, times and spaces reserved by WTT, including the fees for use of Office Spaces, as defined in Section 4(a). (b) WTT agrees to pay the TOWN a monthly fee for telephone service. This fee will be charged for standard monthly service and long distance charges. In addition, any changes to the phone system requested by WTT will be charged back to WTT at the prevailing rate. (e) WTT shall pay a rental fee on a monthly basis for the use of furniture and furnishings owned by the TOWN. This rental amount shall be included within the office rental fee described in subsection (a) of this Section. Exhibit D attached to this Agreement and incorporated herein lists all office furniture and decorative items owned by the TOWN and rented to WTT. This list may be amended from time to time, and such Equipment Schedule amendment may result in a change in the rental fee. All items used by WTT will continue to be the sole property of the TOWN and, with at least 60 days notice from the TOWN to WTT, shall be returned to the TOWN in the condition rented, with normal wear and return or purchase tear. (f) WTT shall have the use of the Boardroom for rehearsals, events and meetings, subject, however, to scheduling the same and approval of the schedule by the Town. The monthly fee for the use of the Boardroom is outlined in Exhibit B. Where WTT shall have use of the Boardroom, dates of actual use will be scheduled with the Manager. Periodically theTOWN staff may contact WTT to see if the Boardroom is available for the ACTC to rent to a client. If WTT confirms the space is available ACTC will book the room in their booking software. On the occasion the Boardroom is rented to another group WTT shall clear the space of all EquipmentWTT property for the duration of the event. The Town retains the right to the use of the lockable, as corner closet located within the case may be, provided that all Lessee obligations under such Equipment Schedule have been fulfilledBoard Room.

Rental. The monthly rental payable hereunder is as set forth in the Equipment Schedule(s). Rental shall begin to accrue on the Installation Date for each item of Equipment and shall be due and payable by Lessee in advance on the first day of each month. If the Installation Date does not fall on the first day of a month, the rental for that period of time from the Installation Date until the Commencement Date shall be an amount equal to the Daily Rental multiplied by the number of days from (and including) the Installation Date to (but not including) the Commencement Date and shall be due and payable on the Installation Date. In addition to the monthly rental set forth in the Equipment Schedule(s), Lessee shall pay to Lessor an amount equal to all taxes paid, payable or required to be collected by Lessor, however designated, which are levied or based on the rental, on the Lease or on the Equipment or on its purchase for lease hereunder, or on its use, lease, operation, control or value (including, without limitation, state and local privilege or excise taxes based on gross revenue), any penalties or interest in connection therewith which are attributable to Lessee's negligence or taxes or amounts in lieu thereof paid or payable by Lessor in respect of the foregoing, but excluding taxes based on Lessor's net income. Personal property taxes assessed on the Equipment during the term hereof shall be paid by Lessee. Lessee agrees that Lessor, or Lessor's agent may file all required property tax returns and reports and pay all taxes thereon pertaining to the Equipment. In such event, Lessee shall reimburse Lessor or Lessor's agent for all costs and expenses incurred in connection therewith, provided that such costs and expenses (including property taxes) shall not exceed the property taxes pursuant to statutory tax rates and regulations. If requested by Lessor, Lessee agrees to file, on behalf of Lessor, all required property tax returns and reports concerning the Equipment with all appropriate governmental agencies, and, within not more than thirty (30) days after the due date of such filing to send Lessor confirmation of such filing. Interest on any past due payments, including but not limited to administrative charges and any other charges or fees arising out of or related to this LeaseLease (excluding any payments relating to taxes which have not been timely paid other than due to Lessee's conduct), shall accrue at the rate of 1 1/2% per month, or if such rate shall exceed the maximum rate allowed by law, then at such maximum rate, and shall be payable on demand. Charges for taxes, penalties and interest shall be promptly paid by Lessee when invoiced by Lessor. As security for the full performance of all of Lessee's obligations under each Equipment Schedule, Lessee shall, simultaneously with the execution and delivery of each Equipment Schedule, deposit with Lessor the amount set forth on such Equipment Schedule. The security deposit shall be promptly returned to Lessee by Lessor upon the expiration of such Equipment Schedule and return or purchase of all Equipment, as the case may be, provided that all Lessee obligations under such Equipment Schedule have been fulfilled.

Rental. The monthly rental payable hereunder is as set forth in the Equipment Schedule(s). Rental shall begin to accrue on the Installation Date for each item of Equipment and shall be due and payable by Lessee in advance on the first day of each month. If the Installation Date does not fall on the first day of a month, the rental for that period of time from the Installation Date until the Commencement Date shall be an amount equal to the Daily Rental multiplied by the number of days from (and including) the Installation Date to (but not including) the Commencement Date and shall be due and payable on the Installation Date. In addition to the monthly rental set forth in the Equipment Schedule(s), Lessee shall pay to Lessor an amount equal to all taxes paid, payable or required to be collected by Lessor, however designated, which are levied or based on the rental, on the Lease Lese or on the Equipment or on its purchase for lease hereunder, or on its use, lease, operation, control or value (including, without limitation, state and local privilege or excise taxes based on gross revenue), any penalties or interest in connection therewith which are attributable to Lessee's negligence or taxes or amounts in lieu thereof paid or payable by Lessor in respect of the foregoing, but excluding taxes based on Lessor's net income. Personal property taxes assessed on the Equipment during the term hereof shall be paid by Lessee. Lessee agrees that Lessor, or Lessor's agent may file all required property tax returns and reports and pay all taxes thereon pertaining to the Equipment. In such event, Lessee shall reimburse Lessor or Lessor's agent for all costs and expenses incurred in connection therewith, provided that such costs and expenses (including property taxes) shall not exceed the property taxes pursuant to statutory tax rates and regulations. If requested by Lessor, Lessee agrees to file, on behalf of Lessor, all required property tax returns and reports concerning the Equipment with all appropriate governmental agencies, and, within not more than thirty (30) days after the due date of such filing to send Lessor confirmation of such filing. Interest on any past due payments, if not paid within 5 business days from the due date thereof, including but not limited to administrative charges and any other charges or fees arising out of or related to this Lease, shall accrue at the rate of 1 1/2% per month, or if such rate shall exceed the maximum rate allowed by law, then at such maximum rate, and shall be payable on demand. Charges for taxes, penalties and interest shall be promptly paid by Lessee when invoiced by Lessor. As security for the full performance of all of Lessee's obligations under each Equipment Schedule, Lessee shall, simultaneously with the execution and delivery of each Equipment Schedule, deposit with Lessor the amount set forth on such Equipment Schedule. The security deposit shall be promptly returned to Lessee by Lessor upon the expiration of such Equipment Schedule and return or purchase of all Equipment, as the case may be, provided that all Lessee obligations under such Equipment Schedule have been fulfilled.

Rental. The monthly rental payable ("Monthly Rental") and other charges due hereunder is as set forth in the for each item of Equipment Schedule(s). Rental shall begin to accrue on the Installation Date for each item of Equipment and shall be due and payable by Lessee in advance on the first day of each month. If the Installation Date does not fall on month (except for the first day of a month, the rental for that period of time from the Installation Date until the Commencement Date payment which shall be an amount equal to a pro rata portion of the Daily Monthly Rental multiplied by the number of days from (and including) the Installation Date to (but not including) the Commencement Date and shall be charge, calculated on a 30-day basis, due and payable on the Installation Commencement Date). In addition to the monthly rental Monthly Rental set forth in the Equipment Schedule(s)Supplement, Lessee shall pay to Lessor an amount equal to all taxes paid, payable or required to be collected by Lessor, however designated, which are levied or based on the rental, on the Lease or on the Equipment or on its purchase for lease hereunderpurchase, or on its sale, ownership, delivery, possession, use, lease, operation, control or value (including, without limitation, state and local privilege or excise taxes based on gross revenue, all license and registration fees, any other governmental charges), any penalties or interest in connection therewith which are attributable to Lessee's not arising from negligence on the part of Lessor or taxes or amounts in lieu thereof paid or payable by Lessor in respect of the foregoing, but excluding taxes based on Lessor's net income. Personal Such sums due under the Lease, in addition to the monthly rental amounts, will be deemed Additional Rent due. Lessee shall file timely all necessary personal property returns or declarations and pay all personal property taxes levied on or assessed on against the Equipment during the term hereof shall be paid by LesseeInitial Term of the applicable Supplement, and all renewals or extensions thereof, before such taxes become delinquent, without any proration whatsoever. Lessee agrees that shall promptly (a) provide evidence satisfactory to Lessor of the timely filing of the returns or declarations and the payment of such taxes, or (b) notify Lessor, in sufficient time for Lessor to file same timely, when by law or Lessor's agent may local custom Lessee cannot file all required property tax returns same, and reports and promptly pay all taxes thereon pertaining to the Equipment. In such event, Lessee shall reimburse Lessor or Lessor's agent for all costs and expenses incurred in connection therewith, provided that such costs and expenses (including property taxes) shall not exceed the property taxes pursuant to statutory tax rates and regulations. If requested by Lessor, Lessee agrees to file, on behalf of Lessor, all required property tax returns and reports concerning the Equipment with all appropriate governmental agencies, and, within not more than thirty (30) days after the due date amount of such filing taxes to send Lessor confirmation of such filingLessor. Interest on any past due payments, including but not limited to administrative charges and any other charges or fees arising out of or related to this Lease, payments shall accrue at the rate of 1 1-1/2% per month, or if such rate shall exceed the maximum rate allowed by law, then than at such maximum rate, and shall be payable on demand. Charges for taxes, penalties and interest shall be promptly paid by Lessee when invoiced by Lessor. As security for the full performance of all of Lessee's obligations under each Equipment Schedule, Lessee shall, simultaneously with the execution and delivery of each Equipment Schedule, deposit with Lessor the amount set forth on such Equipment Schedule. The security deposit shall be promptly returned to Lessee by Lessor upon the expiration of such Equipment Schedule and return or purchase of all Equipment, as the case may be, provided that all Lessee obligations under such Equipment Schedule have been fulfilled.

Rental. The monthly rental payable hereunder is as set forth in the Equipment Schedule(s). Rental shall begin to accrue on the Installation Date for each item of Equipment and shall be due and payable by Lessee in advance on the first day of each month. If the Installation Date does not fall on the first day of a month, the rental for that period of time from the Installation Date until the Commencement Date shall be an amount equal to the Daily Rental multiplied by the number of days from (and including) the Installation Date to (but not including) the Commencement Date and shall be due and payable on the Installation Date. In addition to the monthly rental set forth in the Equipment Schedule(s), Lessee shall pay to Lessor an amount equal to all taxes paid, payable or required to be collected by Lessor, however designated, which are levied or based on the rental, on the Lease or on the Equipment or on its purchase for lease hereunder, or on its use, lease, operation, control or value (including, without limitation, state and local privilege or excise taxes based on gross revenue), any penalties or interest in connection therewith which are attributable to Lessee's negligence or taxes or amounts in lieu thereof paid or payable by Lessor in respect of the foregoing, but excluding taxes based on Lessor's net income. Personal property taxes assessed on the Equipment during the term hereof shall be paid by Lessee. Lessee agrees that Lessor, or Lessor's agent may file all required property tax returns and reports and pay all taxes thereon pertaining to the Equipment. In such event, Lessee shall reimburse Lessor or Lessor's agent for all costs and expenses incurred in connection therewith, provided that such costs and expenses (including property taxes) shall not exceed the property taxes pursuant to statutory tax rates and regulations. If requested by Lessor, Lessee agrees to file, on behalf of Lessor, all required property tax returns and reports concerning the Equipment with all appropriate governmental agencies, and, within not more than thirty (30) days after the due date of such filing to send Lessor confirmation of such filing. Interest on any past due payments, including but not limited to administrative charges and any other charges or fees arising out of or related to this Lease, shall accrue at the rate of 1 1/2% per month, or if such rate shall exceed the maximum rate allowed by law, then at such maximum rate, and shall be payable on demand. Charges for taxes, penalties and interest shall be promptly paid by Lessee when invoiced by Lessor. As security for the full performance of all of Lessee's obligations under each Equipment Schedule, Lessee shall, simultaneously with the execution and delivery of each Equipment Schedule, deposit with Lessor the amount set forth on such Equipment Schedule. The security deposit shall be promptly returned to Lessee by Lessor upon the expiration of such Equipment Schedule and return or purchase of all Equipment, as the case may be, provided that all Lessee obligations under such Equipment Schedule have been fulfilled.

Rental. (a) Tenant shall pay to Wilsxx Xxxagement Company, managing agent for Landlord, or to any successor thereto named by Landlord, at the address described above or at such other place as Landlord may designate in writing, without notice or demand and without deduction, abatement, counterclaim, or set-off whatsoever, except as may be expressly noted and authorized under the terms of this Lease, annual rental at the rate based on the formula set forth in Exhibit G and Exhibit H both attached hereto and incorporated herein by reference (the "Rent Formula") payable in lawful money of the United States in equal monthly installments (the "Monthly Rental"). The monthly rental Monthly Rental includes among other items all Debt Service payable hereunder is to the Lender as defined herein. The first Monthly Rental and sales tax thereon as set forth in the Equipment Schedule(s). Rental Paragraph 4 herein, shall begin be paid by Tenant to accrue Landlord on the Installation Date for each item Commencement Date. Notwithstanding the foregoing, the Tenant may use a portion of Equipment and the Rent credit as defined in Paragraph 3(f) of this Lease to apply to the Monthly Rental. All subsequent Monthly Rentals shall be due and payable by Lessee in advance on the first day of each monthcalendar month during the Term, beginning with the month next succeeding the First Month, as defined herein, and with any sales, privilege or rental tax as provided in Paragraph 4 herein. If The term "Lease Year", as used herein, (i) shall mean the Installation twelve (12) month period beginning with the Commencement Date does not fall as defined in Paragraph 1 hereof, and each twelve (12) month period thereafter occurring during the Term of this Lease, and (ii) in the event the Lease expires or terminates on a date other than the date set forth in Paragraph 1 hereof, then the term "Lease Year" shall also mean the period from the end of the preceding Lease Year to the date of said expiration or termination of this Lease. Notwithstanding anything to the contrary contained herein, in the event the Commencement Date is other than the first day of a calendar month, then Tenant shall pay to Landlord on the rental Commencement Date a sum equal to the per diem Monthly Rental for that period of time from the Installation Date until month in which the Commencement Date shall be an amount equal to occur (the Daily Rental "First Month") multiplied by the number of days from (and including) the Installation Date to (but not including) the Commencement Date to the last day of the First Month, both inclusive. In the event this Lease terminates on a day, other than the date specified in Paragraph 1 hereof, the Monthly Rental and any Additional Rental, as herein defined shall be due and payable on the Installation Date. In addition to the monthly rental set forth in the Equipment Schedule(s), Lessee shall pay to Lessor an amount equal to all taxes paid, payable or required to be collected by Lessor, however designated, which are levied or based on the rental, on the Lease or on the Equipment or on its purchase for lease hereunder, or on its use, lease, operation, control or value (including, without limitation, state and local privilege or excise taxes based on gross revenue), any penalties or interest in connection therewith which are attributable to Lessee's negligence or taxes or amounts in lieu thereof paid or payable by Lessor in respect of the foregoing, but excluding taxes based on Lessor's net income. Personal property taxes assessed on the Equipment during the term hereof shall be paid by Lessee. Lessee agrees that Lessor, or Lessor's agent may file all required property tax returns and reports and pay all taxes thereon pertaining to the Equipment. In such event, Lessee shall reimburse Lessor or Lessor's agent for all costs and expenses incurred in connection therewith, provided that such costs and expenses (including property taxes) shall not exceed the property taxes pursuant to statutory tax rates and regulations. If requested by Lessor, Lessee agrees to file, on behalf of Lessor, all required property tax returns and reports concerning the Equipment with all appropriate governmental agencies, and, within not more than thirty (30) days after the due date of such filing to send Lessor confirmation of such filing. Interest on any past due payments, including but not limited to administrative charges and any other charges or fees arising out of or related to this Lease, shall accrue at the rate of 1 1/2% per month, or if such rate shall exceed the maximum rate allowed by law, then at such maximum rate, and shall be payable on demand. Charges for taxes, penalties and interest shall be promptly paid by Lessee when invoiced by Lessor. As security for the full performance of all of Lessee's obligations under each Equipment Schedule, Lessee shall, simultaneously with the execution and delivery of each Equipment Schedule, deposit with Lessor the amount set forth on such Equipment Schedule. The security deposit shall be promptly returned to Lessee by Lessor upon the expiration of such Equipment Schedule and return or purchase of all Equipment, as the case may be, provided that all Lessee obligations under such Equipment Schedule have been fulfilledequitably adjusted.

Rental. The monthly rental payable hereunder is as set forth in the Equipment Schedule(s). Rental shall begin to accrue on the Installation Date for each item of Equipment and shall be due and payable by Lessee in advance on the first day of each month. If the Installation Date does not fall on the first day of a month, the rental for that period of time from the Installation Date until the Commencement Date shall be an amount equal to the Daily Rental multiplied by the number of days from (and including) the Installation Date to (but not including) the Commencement Date and shall be due and payable on the Installation Date. In addition to the monthly rental set forth in the Equipment Schedule(s), Lessee shall pay to Lessor an amount equal to all taxes paid, payable or required to be collected by Lessor, however designated, which are levied or based on the rental, on the Lease or on the Equipment or on its purchase for lease hereunder, or on its use, lease, operation, control or value (including, without limitation, state and local privilege or excise taxes based on gross revenue), any penalties or interest in connection therewith which are attributable to Lessee's negligence or taxes or amounts in lieu thereof paid or payable by Lessor in respect of the foregoing, but excluding taxes based on Lessor's net income. Personal property taxes assessed on the Equipment during the term hereof shall be paid by Lessee. Lessee agrees that Lessor, or Lessor's agent may shall file all required property tax returns and reports and pay all taxes thereon pertaining to the Equipment. In such event, Lessee shall reimburse Lessor or Lessor's agent for all costs and expenses incurred in connection therewith, provided that such costs and expenses (including property taxes) shall not exceed the property taxes pursuant to statutory tax rates and regulations. If requested by Lessor, Lessee agrees to file, on behalf of Lessor, all required property tax returns and reports concerning the Equipment with all appropriate governmental agencies, and, within not more than thirty (30) days after the due date of such filing to send Lessor confirmation of such filing. Interest on any past due payments, including but not limited to administrative charges and any other charges or fees arising out of or related to this Lease, shall accrue at the rate of 1 1/2% per month, or if such rate shall exceed the maximum rate allowed by law, then at such maximum rate, and shall be payable on demand. Charges for taxes, penalties and interest shall be promptly paid by Lessee when invoiced by Lessor. As security for the full performance of all of Lessee's obligations under each Equipment Schedule, Lessee shall, simultaneously with the execution and delivery of each Equipment Schedule, deposit with Lessor the amount set forth on such Equipment Schedule. The security deposit shall be promptly returned to Lessee by Lessor upon the expiration of such Equipment Schedule and return or purchase of all Equipment, as the case may be, provided that all Lessee obligations under such Equipment Schedule have been fulfilled.

Rental. The monthly rental payable hereunder is as set forth in the Equipment Schedule(s). Rental shall begin to accrue on the Installation Date for each item of Equipment and shall be due and payable by Lessee in advance on the first day of each month. If if the Installation Date does not fall on the first day of a month, the rental for that period of time from the Installation Date until the Commencement Date shall be an amount equal to the Daily Rental multiplied by the number of days from (and including) the Installation Date to (but not including) the Commencement Date and shall be due and payable on the Installation Date. In addition to the monthly rental set forth in the Equipment Schedule(s), Lessee shall pay to Lessor an amount equal to all taxes paid, payable or required to be collected by Lessor, however designated, which are levied or based on the rental, on the Lease or on the Equipment or on its purchase for lease hereunder, or on its use, lease, operation, control or value (including, without limitation, state and local privilege or excise taxes based on gross revenue), any penalties or interest in connection therewith which are attributable to Lessee's negligence or taxes or amounts in lieu thereof paid or payable by Lessor in respect of the foregoing, but excluding taxes based on Lessor's net income. Personal property taxes assessed on the Equipment during the term hereof shall be paid by Lessee. Lessee agrees that Lessor, or Lessor's agent may file all required property tax returns and reports and pay all taxes thereon pertaining to the Equipment. In such event, Lessee shall reimburse Lessor or Lessor's agent for all costs and expenses incurred in connection therewith, provided that such costs and expenses (including property taxes) shall not exceed the property taxes pursuant to statutory tax rates and regulations. If requested by Lessor, Lessee agrees to file, on behalf of Lessor, all required property tax returns and reports concerning the Equipment with all appropriate governmental agencies, and, within not more than thirty (30) days after the due date of such filing to send Lessor confirmation of such filing. Interest on any past due payments, including but not limited to administrative charges and any other charges or fees arising out of or related to this Lease, shall accrue at the rate of 1 1/2% per month, or if such rate shall exceed the COUNTERPART NO. 2 of 2 2 maximum rate allowed by law, then at such maximum rate, and shall be payable on demand. Charges for taxes, penalties and interest shall be promptly paid by Lessee when invoiced by Lessor. As security for the full performance of all of Lessee's obligations under each Equipment Schedule, Lessee shall, simultaneously with the execution and delivery of each Equipment Schedule, deposit with Lessor the amount set forth on such Equipment Schedule. The security deposit shall be promptly returned to Lessee by Lessor upon the expiration of such Equipment Schedule and return or purchase of all Equipment, as the case may be, provided that all Lessee obligations under such Equipment Schedule have been fulfilled.

Rental. (a) The minimum monthly rental (herein called the "Basic Rental") payable hereunder by Lessee to Lessor or its assigns is as set forth in the Equipment Schedule(s)each Schedule. Basic Rental shall begin to accrue on the Installation Date for each item of Equipment and shall be due and payable by Lessee to Lessor in advance on or before the first day of each month. If the Installation Date beginning date for Basic Rental does not fall on the first day of a month, the rental first payment for that period the partial month will be prorated on the basis of time from the Installation Date until the Commencement Date shall be an amount equal to the Daily Rental multiplied by the number of days from (a 30-day month and including) the Installation Date to (but not including) the Commencement Date and shall will be due and payable on the Installation Datebeginning date for rent. In the event Lessee does not timely make any payment of Basic Rental or other monies due hereunder, Lessee shall be liable to Lessor for a stipulated damage amount equal to 18% per annum of the amount of said payment and shall pay said amount immediately to Lessor. (b) In addition to the monthly rental set forth in the Equipment Schedule(s)Basic Rental, Lessee shall pay to Lessor an amount equal to all taxes taxes, if any, paid, payable or required to be collected by Lessor, however designated, which are levied or based on this transaction, the rentalBasic Rental, on the Lease or on this Lease, and/or the Equipment or on its purchase for lease hereunder, or on its use, lease, sale, operation, control or value (value, including, without limitation, state and local privilege sales, privilege, business license or excise taxes based on gross revenue), any penalties or interest in connection therewith which are attributable to Lessee's negligence or taxes or amounts in lieu thereof paid or payable by Lessor in respect of the foregoing, but excluding taxes based on Lessor's net incomeonly federal and state income taxes. Personal property taxes assessed taxes, if any, on the Equipment during the term hereof shall be filed with the appropriate authorities by Lessee and paid by Lessee. Lessee agrees that Lessorshall give Lessor written evidence of payment of personal property taxes within fifteen days of the due date. Except for personal property taxes, or Lessor's agent may file all required property tax returns and reports and pay all taxes thereon pertaining shall be invoiced by Lessor to Lessee unless such taxes are invoiced directly to Lessee by the appropriate taxing authorities. If Lessee makes timely payment to Lessor or directly to any taxing authority within the time provided by the authority for the payment of such taxes then Lessee shall not be liable for any penalties or interest in respect of the taxes. If Lessee does not make timely payments to Lessor or directly to the Equipmenttaxing authority within the time provided by the authority for the payment of such taxes, then Lessee shall be liable for any penalties, interest or other charges in respect of the taxes. In such eventNotwithstanding anything hereinabove to the contrary, so long as Lessee is not in default hereunder, Lessee shall reimburse not be obligated by this Lease to pay any tax, levy or assessment in respect of this Lease or the Equipment so long as Lessee, in good faith, shall contest actively the validity thereof by appropriate legal proceedings. Lessee agrees that if such a proceeding is instituted, upon the final decision therein, or upon the discontinuance thereof, Lessee will forthwith pay such taxes, levies or assessments as are determined to be owing, together with all costs, interest and penalties and all damages and costs, including all attorneys' fees reasonably incurred, which Lessor may sustain in consequence of the non-payment of the taxes, levies or assessments when due. Subject to the foregoing, Lessee may contest any such taxes in Lessor's agent for all costs name, and expenses incurred in connection therewithLessor agrees, provided that such costs upon written request and expenses (including property taxes) shall not exceed the property taxes pursuant to statutory tax rates and regulations. If requested by Lessor, Lessee agrees to file, on behalf of Lessor, all required property tax returns and reports concerning the Equipment with all appropriate governmental agencies, and, within not more than thirty (30) days after the due date of such filing to send Lessor confirmation of such filing. Interest on any past due payments, including but not limited to administrative charges and any other charges or fees arising out of or related to this Lease, shall accrue at the rate of 1 1/2% per month, or if such rate shall exceed the maximum rate allowed by law, then at such maximum rate, and shall be payable on demand. Charges for taxes, penalties and interest shall be promptly paid by Lessee when invoiced by Lessor. As security for the full performance of all sole expense of Lessee's obligations under each Equipment Schedule, to cooperate with Lessee shall, simultaneously with in the execution and delivery prosecution of each Equipment Schedule, deposit with Lessor the amount set forth on any such Equipment Schedule. The security deposit shall be promptly returned to Lessee by Lessor upon the expiration of such Equipment Schedule and return or purchase of all Equipment, as the case may be, provided that all Lessee obligations under such Equipment Schedule have been fulfilledcontest.

Rental. The monthly (a) Tenant shall pay to Landlord throughout the term of this Lease as rental for the Premises the sum specified in the Basic Lease Information as the Base Rent, provided that the rental payable hereunder during each calendar year subsequent to the Base Year shall be the Base Rent, increased by Tenant's Percentage Share of the total dollar increase, if any, in Operating Expenses paid or incurred by Landlord in such year over the Base Operating Expenses, and also increased by Tenant's Percentage Share of the total dollar increase, if any, in Property Taxes paid by Landlord in such year over the Base Property Taxes. Tenant acknowledges that the Basic Lease Information may set forth different Percentage Shares of Operating Expenses and Property Taxes or a single percentage share applicable to both. The increased rental due pursuant to this subparagraph (a) is hereinafter referred to as "ESCALATION RENT." In no event shall a decrease in Property Taxes below the amount of Base Property Taxes, or a decrease in Operating Expenses below the amount of Base Operating Expenses, cause the Base Rent set forth in the Equipment Schedule(s). Basic Lease Information to be reduced. (b) Rental shall begin be paid to accrue Landlord on or before the Installation Date for each item first day of Equipment the term hereof and shall be due and payable by Lessee in advance on or before the first day of each monthand every successive calendar month thereafter during the term hereof. If In the Installation Date does not fall event the term of this Lease commences on a day other than the first day of a calendar month or ends on a day other than the last day of a calendar month, the monthly rental for that period the first and last fractional months of time from the Installation Date until the Commencement Date shall be an amount equal to the Daily Rental multiplied by the number of days from (and including) the Installation Date to (but not including) the Commencement Date and shall be due and payable on the Installation Date. In addition to the monthly rental set forth in the Equipment Schedule(s), Lessee shall pay to Lessor an amount equal to all taxes paid, payable or required to be collected by Lessor, however designated, which are levied or based on the rental, on the Lease or on the Equipment or on its purchase for lease hereunder, or on its use, lease, operation, control or value (including, without limitation, state and local privilege or excise taxes based on gross revenue), any penalties or interest in connection therewith which are attributable to Lessee's negligence or taxes or amounts in lieu thereof paid or payable by Lessor in respect of the foregoing, but excluding taxes based on Lessor's net income. Personal property taxes assessed on the Equipment during the term hereof shall be appropriately prorated. The first full calendar month's rental shall be paid by Lessee. Lessee agrees that Lessorconcurrently with Tenant's execution of this Lease. (c) All sums of money due from Tenant hereunder not specifically characterized as rental shall constitute additional rent, and if any such sum is not paid when due it shall nonetheless be collectible as additional rent with the next installment of rental thereafter falling due, but nothing contained herein shall be deemed to suspend or delay the payment of any sum of money at the time it becomes due and payable hereunder, or Lessor's agent to limit any other remedy of Landlord. (d) Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder after the expiration of any applicable grace period described in subparagraph 19 (a) will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may file all required property tax returns be imposed on Landlord by the terms of any encumbrances covering the Building and reports and pay all taxes thereon pertaining the Premises. Accordingly, if any installment of rent or any other sums due from Tenant shall not be received by Landlord prior to the Equipmentexpiration of any applicable grace period described in subparagraph 19(a), Tenant shall pay to Landlord a late charge equal to 5% of such overdue amount. In The parties hereby agree that such eventlate charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant based on the circumstances existing as of the date of this Lease. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, Lessee nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. (e) Any amount due from Tenant, if not paid when first due, shall reimburse Lessor or Lessor's agent for all costs and expenses incurred bear interest from the date due until paid at an annual rate equal to 4% over the annual prime rate of interest announced publicly by Citibank, N.A. in connection therewithNew York, New York from time to time (but in no event in excess of the maximum rate of interest permitted by law), provided that such costs and expenses (including property taxes) interest shall not exceed the property taxes pursuant to statutory tax rates and regulations. If requested by Lessor, Lessee agrees to file, on behalf of Lessor, all required property tax returns and reports concerning the Equipment with all appropriate governmental agencies, and, within not more than thirty (30) days after the due date of such filing to send Lessor confirmation of such filing. Interest on any past due payments, including but not limited to administrative charges and any other charges or fees arising out of or related to this Lease, shall accrue at the rate of 1 1/2% per month, or if such rate shall exceed the maximum rate allowed by law, then at such maximum rate, and shall be payable on demandlate charges incurred by Tenant nor on any amounts upon which late charges are paid by Tenant to the extent such interest would cause the total interest to be in excess of that legally permitted. Charges for taxes, penalties and Payment of interest shall not excuse or cure any default hereunder by Tenant. (f) All payments due from Tenant shall be promptly paid by Lessee when invoiced by Lessor. As security to Landlord, without deduction or offset, in lawful money of the United States of America at the address for the full performance payment of all of Lessee's obligations under each Equipment Schedule, Lessee shall, simultaneously with the execution and delivery of each Equipment Schedule, deposit with Lessor the amount rent set forth on in the Basic Lease Information, or to such Equipment Schedule. The security deposit shall be promptly returned other person or at such other place as Landlord may from time to Lessee time designate by Lessor upon the expiration of such Equipment Schedule and return or purchase of all Equipment, as the case may be, provided that all Lessee obligations under such Equipment Schedule have been fulfillednotice to Tenant.