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<br /> (a) Representation: The following real estate brokers (the"Brokers") and brokerage relationships exist in this transaction
<br /> (check applicable boxes):
<br /> Q A-nerican Commercial 3rot-.eraoe represents Lessor exclusively("Lessor's Broker");
<br /> ❑ None represents Lessee exclusively("Lessee's Broker");or
<br /> © _ represents both Lessor and Lessee("Dual Agency").
<br /> (b) Payment to Brokers: Upon execution and delivery of this Lease by both Parties, Lessor shall pay to the Brokers for the
<br /> brokerage services rendered by the Brokers the fee agreed to in the attached a separate written agreement or if no such agreement is attached, the
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<br /> sum of - or %sof the total Base Rent payable for the Original Term, the sum of or of the
<br /> total Base Rent payable during any period of time that the Lessee occupies the Premises subsequent to the Original Term, and/or the sum of
<br /> or % of the purchase price in the event that the Lessee or anyone affiliated with Lessee acquires from Lessor any
<br /> rights to the Premises.
<br /> 1.11 Guarantor. The obligations of the Lessee under this Lease are to be guaranteed by
<br /> ("Guarantor") (See also Paragraph 37)
<br /> 1.12 Attachments. Attached hereto are the following, all of which constitute a part of this Lease.
<br /> an Addendum consisting of Paragraph's = _ through ] -t ---
<br /> E3
<br /> _❑a site plan depicting the Premises', --�
<br /> ❑ a site plan depicting the Project;
<br /> ❑ a current set of the Rules and Regulations for the Project;
<br /> ❑ a current set of the Rules and Regulations adopted by the owners'association,
<br /> ❑ a Work Letter,
<br /> ❑ other (specify);
<br /> 2. Premises. ------
<br /> 2.1 Letting. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the Premises, for the term, at the rental, and
<br /> upon all of the terms,covenants and conciitjons'set forth in I.this Lease. While the approximate square footage of the Premises may have been used in
<br /> the marketing of the Premises for purposes of comparison,'-the Base Rent stated herein is NOT tied to square footage and is not subject to adjustment
<br /> should the actual size be determined to be different. NOTA: Lessee is advised to verify the actual size prior to executing this Lease.
<br /> 2.2 Condition. Lessor shall deliver that portion of the Premises contained within the Building ('Unit")to Lessee broom clean and free
<br /> of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("Start Date"), and, so long as the required service
<br /> contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty days following the Start Date,warrants that the existing
<br /> electrical, plumbing,fire sprinkler, fighting, heating, ventilating and air conditioning systems ("HVAC"),loading doors, sump pumps, if any, and all other
<br /> such elements io the Unit, other than those constructed by Lessee, shall be in good operating condition on said date, that the structural elements of the
<br /> roof, bearing walls and foundation of the Unit shall be free of material defects, and that the Unit does not contain hazardous levels of any mold or fungi
<br /> defined as toxic under applicable state or federal law. If a non-compliance with such warranty exists as of the Start Date, or if one of such systems or
<br /> elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's sole obligation with respect to such matter, except
<br /> as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such
<br /> non-compliance, malfunction or failure, rectify same at I-essar's expense. The warranty periods shall be as follows (i) 6 months as to the HVAC
<br /> systems, and (ii) 30 days as to the remaining systems and other elements of the Unit. If Lessee does not give Lessor the required notice within the
<br /> appropriate warranty period, correction of any such non-compliance, malfunction or failure shall be the obligation of Lessee at Lessee's sole cost and
<br /> expense(except for the repairs to the fire sprinkler systems,roof,foundations,and/or bearing walls-see Paragraph 7).
<br /> 2.3 Compliance. Loss or warrants that to the best of its knowledge the improvements on the Premises and the Common Areas comply
<br /> with the building codes that were in effect at the time that each such improvement,or portion thereof,was constructed, and also with all applicable laws.
<br /> covenants or restrictions of record, regulations,and ordinances in effect on the Start Date("Applicable Requirements"). Said warranty does not apply
<br /> to the use to which Lessee wilt put the Premises, modifications which may be required by the Americans with Disabilities Act or any similar laws as a
<br /> result of Lessee's use(see Paragraph 49),or to any Alterations or Utility Installations(as defined in Paragraph 7.3(a))made or to be made by Lessee.
<br /> NOTE: Lessee is responsible for determining whether or not the Applicable Requirements and especially the zoning are appropriate for
<br /> Lessee's intended use, and acknowledges that past uses of the Premises may no longer be allowed. If the Premises do not comply with said
<br /> warranty, Lessor shall, except as otherwise provided, prompt€y after receipt of written notice from Lessee setting forth with specificity the nature and
<br /> extent of such non-compliance, rectify the same at Lessor's expense, If Lessee does not give Lessor written notice of a non-compliance with this
<br /> warranty within 6 rnonths following the Start Date, correction of that non-compliance shall be the obligation of Lessee at Lessee's sole cost and
<br /> expense, if the Applicable Requirements are hereafter changed so as to require during the term of this Lease the construction of an addition to or an
<br /> alt spn of the Unit, Premises and/or Building,the rernediation of any Hazardous Substance, or the reinforcement or other physical modification of the
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<br /> �INITI�Ls'\, INITIALS
<br /> ©1999 -AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM MTN-14.2113E
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