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further force or effect, and any rent, other charge, bonus, inducement or consideration theretofore abated, given or paid by Lessor under such an
<br /> Inducement Provision shall be immediately due and payd6e by Lessee to Lessor,notwithstanding any subsequent cure of said Breach by Lessee. The
<br /> acceptance by Lessor of rent or the cure of the Breach which initialed the operation of this paragraphs shall not be deemed a waiver by Lessor of the
<br /> provisions of this paragraph unless specifically so stated iin writing by Lessor at the time of such acceptance.
<br /> 13.4 Late Charges. Lessee hereby acknowledges that late payment by Lessee of Rent will cause Lessor to incur costs not
<br /> 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
<br /> accounting charges, and late charges which may be imposed upon Lessor by any Lender. Accordingly, if any Rent shall not be received by Lessor
<br /> within 5 days after such amount shall be due, then, without any requirement for notice to Lessee. Lessee shall immediately pay to Lessor a one-lime
<br /> late charge equal to 10% of each such overdue amount or$300, whichever is greater. The parties hereby agree that such late charge represents a fair
<br /> and reasonable estimate of the costs Lessor will incur b�reason of such late payment- Acceptance of such late charge by Lessor shall in no event
<br /> constitute a waiver of Lessee's Default or Breach with respect to such overdue amount,nor prevent the exercise of any of the other rights and remedies
<br /> granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for 3 consecutive installments of Base Rent. then
<br /> notwithstanding any provision of this Lease to the contraryc..Base Rent shall,at Lessor's option,become due and payable quarterly in advance.
<br /> 13.5 Interest. Any monetary payment due Lessor hereunder, other than late charges, not received by Lessor, when due shall bear
<br /> mterest from the 31st day after i1 was due.The Interest("Interest")charged shall be computed at the rate of 10%per annum but shall not exceed the
<br /> maximum rate allowed by law- Interest is payable in addition to the potential late charge provided for in Paragraph 13.4
<br /> 13.6 Breach by Lessor. ,,
<br /> (a) Notice of Breach. Lessor shall not be deemed in breach of this Lease unless Lessor fails within a reasonable time to
<br /> perform an obligation required to be performed by Lessor,
<br /> For purposes of this Paragraph, a reasonable time shall in no event be less than 30 days
<br /> after receipt by Lessor, and any Lender whose name aid address shall have been furnished Lessee in writing for such purpose, of written notice
<br /> specifying wherein such obligation of Lessor has not been performed: provided, however, that if the nature of Lessor's obligation is such that more than
<br /> 30 days are reasonably required for its performance. then Lessor shall not be in breach it performance is commenced within such 30 day period and
<br /> thereafter diligently pursued to completion,
<br /> (b) Performance by Lessee on Bahalf of Lessor. In the event that neither Lessor nor Lender cures said breach within 30
<br /> days after receipt of said notice, or if having commencedf said cure they do not diligenlly pursue it to completion, then Lessee may efect to cure said
<br /> breach at Lessee's expense and offset from Rent the actual and reasonable cost to perform such cure, provided however, that such offset shall net
<br /> exceed an amount equal to the greater of one month's Base Rent or the Security Deposit, reserving Lessee's right to reimbursement from Lessor for
<br /> any such expense in excess of such offset. Lessee shall document the cost of said cure and supply said documentation to Lessor,
<br /> 14, Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise
<br /> of said power(collectively "Condemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or
<br /> possession.whichever first occurs. If more than 10%of ike floor area of the Unit. or more than 25%of the parking spaces is taken by Condemnation.
<br /> Lessee may, at Lessee's option, to be exercised in writingwithin10 days after Lessor shall have given Lessee written notice of such taking(or in the
<br /> absence of such notice,within 10 days after the condemning authority shall have taken possession)terminale this Lease as of the date the condemning
<br /> authority takes such possession. If Lessee does not terrriinate this Lease in accordance with the foregoing, this Lease shall remain in full force and
<br /> effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises
<br /> caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as
<br /> compensation for diminution in value of the leasehold, tli fwlue of the part taken,or for severance damages; provided, however. that Lessee shall he
<br /> B,
<br /> entitled to any compensation paid by the condemnor for Lessee's relocation expenses, toss of business goodwill and/or Trade Fixtures.without regard
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<br /> to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by
<br /> Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation
<br /> which is payable therefor. in the event that this Leasepis not terminated by reason of the Condemnal4m, Lessor shall repair any damage to the
<br /> Premises caused by such Condemnation.
<br /> 15. Brokerage Fees.
<br /> 15.1 Additional Commission. In addition to the payments owed pursuant to Paragraph 1.10 above.and unless Lessor and the Brokers
<br /> otherwise agree in writing, Lessor agrees that: (a)if Lessee exercises any Option, (b)if Lessee or anyone affiliated with Lessee acquires from Lessor
<br /> any rights to the Premises or other premises owned by Lessor and located within the Project. (c)if Lessee remains in possession of the Premises,with
<br /> the consent of Lessor, after the expiration of this Lease, or(d) if Base Rent is increased, whether by agreement or operation of an escalation clause
<br /> herein, then.Lessor shall pay Brokers a fee in accordance with the fee schedule of the Brokers in effect at the time the Lease was executed.
<br /> 15.2 Assumption of Obligations. Any buyer or transferee of Lessor's interest in this Lease shall be deemed to have assumed Lessor's
<br /> obligation hereunder. Brokers shall he third party beneficiaries of the provisions of Paragraphs 1.10, 15, 22 and 31. If Lessor fails to pay to Brokers
<br /> any amounts due as and for brokerage fees pertaining torthis Lease when due, then such amounts shall accrue Interest, In addition.if Lessor fails to
<br /> pay any amounts to Lessee's Broker when due, Lesseers Broker may send written notice to Lessor and Lessee of such failure and if Lessor fails Io pay
<br /> such amounts within 10 days after said notice, Lessee shall pay said monies to its Broker and offset such amounts against Rent. In addition; Lessee's
<br /> Broker shall be deemed to be a third party beneficiary of any commission agreement entered into by and/or between Lessor and Lessor's Broker for the
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<br /> I LS INITIALS
<br /> 01999-AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM MTN-14-2113E
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