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<br /> Charge and Lessor, at its option, may require all future Rent be paid by cashier's check. Payments will be applied first 10 accrued late charges and
<br /> attorney's fees, second to accrued interest, then to Base Rent and Common Area Operating Expenses, and any remaining amount to any other
<br /> outstanding charges or costs.
<br /> 5. Security Deposit. Lessee shall deposit with Lessor upon execution hereof the Security Deposit as security for Lessee's faithful performance
<br /> of its obligations under this Lease. If Lessee fails to pay Rent,or otherwise Defaults under this Lease, Lessor may use,apply or retain all or any portion
<br /> of said Security Deposit for the payment of any,amount already due Lessor, for Rents which will be due in the future, and/ or to reimburse or
<br /> compensate Lessor for any liability, expense, loss or damage which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any
<br /> portion of the Security Deposit, Lessee shall within 10 days after written request therefor deposit monies with Lessor sufficient to restore said Security
<br /> Deposit to the full amount required by this Lease. If the'base Rent increases during the term of this Lease, Lessee shall, upon written request from
<br /> Lessor, deposit additional monies with Lessor so that lie total amount of the Security Deposit shall at all times bear the same proportion to the
<br /> increased Base Rent as the initial Security Deposit bore to the initial Base Rent. Should the Agreed Use be amended to accommodate a material
<br /> change in the business of Lessee or to accommodate a sublessee or assignee, Lessor shall have the right to increase the Security Deposit to the
<br /> extent necessary, in Lessor's reasonable judgment, to account for any increased wear and tear that the Premises may suffer as a result thereof. If a
<br /> change in control of Lessee occurs during this Lease a ''following such change the financial condition of Lessee is. in Lessor's reasonable judgment,
<br /> significantly reduced. Lessee shall deposit such additional monies with Lessor as shall be sufficient to cause the Security Deposit to be at a
<br /> commercially reasonable level based on such change inlfinancial Condition. Lessor shall not be required to keep the Security Deposit separate from its
<br /> general accounts. Within 90 days after the expiration or termination of this Lease, Lessor shall return that portion of the Security Deposit not used or
<br /> applied by Lessor. No part of the Security Deposit shall be considered to be held in trust, to bear interest or to be prepayment for any monies to be paid
<br /> by Lessee under this Lease. f
<br /> 6. Use.
<br /> 6.1 Use. Lessee shall use and occupy the Premises only for the Agreed Use, or any other legal use which is reasonably comparable
<br /> thereto, and for no other purpose. Lessee shall not use4or permit the use of the Premises in a manner that is unlawful, creates damage. waste or a
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<br /> nuisance.or that disturbs occupants of or causes damage to neighboring premises or properties. Other than guide,signal and seeing eye dogs.Lessee
<br /> shall not keep or allow in the Premises any pets, animals, birds, fish. or reptiles- Lessor shall not unreasonably withheld or delay its consent to any
<br /> written request for a modification of the Agreed Use, so"iong as the same will not impair the structural integrity of the Building or the mechanical or
<br /> electrical systems therein, and/or is not significantly more burdensome to the Project. If Lessor elects to withhold consent. Lessor shall within 7 days
<br /> after such request give written notification of same,which notice shall include an explanation of Lessor's objections to the change in the Agreed Use.
<br /> 6.2 Hazardous Substances. I
<br /> �a�
<br /> (a) Reportable Uses Require Consent. The term "Hazardous Substance"as used in this tease shall mean any product.
<br /> substance. or waste whose presence, use, manufacture, disposal, transportation. or release, either by itself or in combination with other materials
<br /> expected to be on the Premises, is either: (i)potentially injurious to the public health, safely or welfare, the environment or the Premises, (ii)regulated
<br /> or monitored by any governmental authority. or(iii)a basis for potential liability of Lessor to any governmental agency or third party under any applicable
<br /> statute or common law theory. Hazardous Substances shall include, but not be limited to, hydrocarbons, petroleum. gasoline, andlor crude oil or any
<br /> products, by-products or fractions thereof. Lessee shall not engage in any activity in or on the Premises which constitutes a Reportable Use of
<br /> Hazardous Substances without the express prior written consent of Lessor and tirnely compliance (at Lessee's expense) with all Applicable
<br /> Requirements. "Reportable Use" shall mean(i) the installation or use of any above or below ground storage tank, (ii) the generation, possession.
<br /> storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration or
<br /> business plan is required 10 be filed wish, any governmental authority: and/or(iii)the presence at the Premises of a Hazardous Substance with respect
<br /> a;
<br /> to which any Applicable Requirements requires that a notice be given 10 persons entering or occupying the Premises or neighboring properties.
<br /> Notwithstanding the foregoing, Lessee may use any ordinary and customary materials reasonably required to be used in the normal course of the
<br /> Agreed Use, ordinary office supplies (copier toner, (quid paper, glue, etc.) and common household cleaning materials, so long as such use is in
<br /> compliance with ali Applicable Requirements. is not a Reportable Use, and does not expose the Premises or neighboring property to any meaningful
<br /> risk of contamination or damage or expose Lessor to any liability therefor. In addition. Lessor may condition its consent to any Reportable Use upon
<br /> receiving such additional assurances as Lessor reasonably deems necessary to protect itself, the pubic. the Premises and/or the environment against
<br /> damage, contamination,injury and/or liability, iricluding,''btut not limited to. the installation (and removal on or before Lease expiration or termination)of
<br /> protective modifications(such as concrete encasemenisNr for increasing the Security Deposit.
<br /> (b) Duty to Inform Lessor, If Lessee knows,or has reasonable cause to believe, that a Hazardous Substance has come to
<br /> be located in, on, under er about the Premises, other than as previously consented to by Lessor, Lessee shall immediately give written notice of such
<br /> fact to Lessor, and provide Lessor with a copy of any' report, notice, claim or other documentation which it has concerning the presence of such
<br /> Hazardous Substance.
<br /> (c) Lessee Remediation. Lessee shall not Cause or permit any Hazardous Substance to be spilled or released in, on.
<br /> under. or about the Premises (including through the plumbing or sanitary sewer system) and shall promptly. at Lessee's expense, comply with all
<br /> Applicable Requirements and take alt investigatory andlor remedial action reasonably recommended, whether or not formally ordered or required, for
<br /> f �ccl enup of any contamination of. and for the maintenance,security and/or monitoring of the Premises or neighboring properties.that was caused or
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