Tenant's proportionate share of such cost and expense for each calendar year and partial calendar year shall be paid in monthly installments on the first day of each calendar month, in advance, in an amount estimated by Landlord, i.e., estimated cost of operation of building based on 1/12 of operating expenses and taxes after deduction of allowances as provided herein. Within 90 days after the end of each calendar year of partial calendar year, Landlord shall furnish Tenant with a statement of the actual amount of Tenant's proportionate share of such cost and expenses for such period in excess of the allowances and set forth in this paragraph. If the total amount due from Tenant for such year on such statement exceeds the aggregate of all amounts previously paid to Landlord during such calendar year, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the actual amount due, such deficiency to be paid within the 30 days after the furnishing of each such statement; and if the total amount paid by Tenant hereunder for any such calendar year shall exceed such actual amount due from Tenant for any such calendar year, such excess shall be credited against the next installment or installments of rent due from Tenant to Landlord.

Tenant shall be given the following annual allowances under the terms of this lease: (1) operating expenses—80¢ per square foot of leased space (2) real estate taxes—80¢ per square foot of leased space (3) janitorial service—35¢ per square foot of leased space.

(b). In addition to Tenant's Pro-Rata Share of Expenses, Tenant pays an additional 31/2% per year of yearly rental for building appreciation. This will be invoiced January of each year.

(c). For purpose hereof,

(d). Not less than 30 days prior to any adjustment in the annual rate of Rent hereunder, Landlord shall deliver to Tenant a report certified by an officer or agent of Landlord setting forth the Operating Expenses and Taxes for the relevant calendar years and describing the calculation of the adjustment.

(e). Landlord shall maintain books and records showing Operating Expenses and Taxes in accordance with sound accounting and management practices.

(a). Landlord shall provide the following services: (i) mechanical operation necessary for the proper heat and air conditioning of the Building. Monday thru Saturday from 8:00 AM to 6:00 PM, excluding holidays, to the extent that Landlord shall, in its sole discretion, deem necessary for the comfortable occupancy and use of the Premises under normal business operations and in the absence of the use of machines or equipment which affect the temperature otherwise maintained in the Premises; (ii) city water from the regular Building outlets for drinking, lavatory and toilet purposes only; (iii) such additional services on such terms and conditions as Landlord may from time to time determine.

(b). All charges for services furnished by Landlord at Tenant's request in addition to those set forth in Subsequent (a) above shall be payable by Tenant and shall be due within ten days after billing. If Tenant shall fail to so make payment, Landlord may, without notice to Tenant and in addition to Landlord's other remedies hereunder, discontinue any or all of such services. Any such discontinuance shall be without any liability to Tenant and shall not be deemed to be an eviction or a disturbance in any manner of Tenant's use and possession of the Premises or relieve Tenant from the obligation to pay all Rent when due or from any other obligation hereunder.

(c). Tenant agrees that Landlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service which failure or delay is caused, in whole or in part, by war, insurrection, civil disturbance, riots, acts of God, governmental action, repairs, improvements, alterations, strikes, lockouts or picketing, (whether legal or illegal), inability to obtain electricity, fuel or supplies, accidents, casualties, acts caused directly or indirectly by Tenant (or Tenant's agents, representatives, employees, licensees or invitees) or any other act or cause beyond the reasonable control of Landlord. Any such failure or delay in furnishing any service shall be without any liability to Tenant and shall not be deemed to be an eviction or disturbance in any manner of Tenant's use and possession of the Premises or relieve Tenant from its obligation to pay all rent when due or from any other obligation hereunder.

(d). Tenant shall make arrangements directly with the telephone company and the public utility electric company servicing the Building for telephone service and electric current and power in the Premises desired by Tenant, Tenant shall pay the entire cost of all telephone charges, electricity consumed within the Premises, maintenance of light fixtures and replacement of lamps, bulbs, tubes, ballasts and starters.

(e). If Tenant desires telegraphic, telephonic, burglar alarm, computer installations or signal service (which service shall be at Tenant's sole expense), Landlord shall, upon request, direct where and how all connections and wiring for such service shall be introduced and run. Absent such directions, Tenant shall make no borings, cutting or installation of wires or cables in or about the Premises.

(a). Tenant shall not, without the written consent of Landlord; (i) assign, convey, encumber or mortgage this Lease or any interest hereunder; (ii) allow any transfer hereof or any lien upon Tenant's interest hereunder by operation of law; or (iii) permit the use or occupancy of the Premises by any party other than Tenant, its agents and employees.

(b). (i) Tenant may not sublease the Premises or any part thereof without the written consent of the Landlord, subject to the provisions of this subsection (b). Landlord agrees that it will give its consent to a sublease of the entire Premises to a single subtenant if the following conditions are met: (aa) Tenant delivers to Landlord sixty days' written notice of its intention to enter into an agreement for the sublease of the Premises, which notice contains the following information: the name, address and type of business of the proposed subtenant; the terms and conditions of the proposed sublease; the proposed use of the Premises; and information as to the financial responsibility of the proposed subtenant; (bb) Tenant is not then in default under this Lease; (cc) The reputation, financial responsibility and business of the proposed subtenant are satisfactory to Landlord in its sole discretion and the intended use of the Premises by the proposed subtenant does not conflict with any exclusive rights of any other tenant of the Building; (dd) The sublease is for a term of not less than three years (unless the then unexpired Term is less than three years, in which event the sublease may be for the unexpired Term less one day) and not longer than the unexpired Term less one day; and (ee) Tenant delivers to Landlord the proposed subtenant's written agreement to comply with and be bound by all the provisions of this Lease during the term of the sublease, (ii) In the event of any sublease of the Premises: (aa) Tenant shall not be released or discharged from any liability, whether past, present or future, under this Lease; (bb) Tenant shall deliver to Landlord an executed copy of the sublease; and (cc) Tenant shall pay to Landlord as additional Rent, immediately upon receipt thereof, a sum equal to any rent or other consideration paid to Tenant by any subtenant in excess of the Rent for the Premises then payable to Landlord pursuant to the provisions of this Lease, plus any other profit or gain realized by Tenant from such subleasing, (iii) Tenant shall not advertise the Premises for subleasing at a rate of rental lower than that then being offered by Landlord to prospective tenants of other comparable premises in the Building, provided that the foregoing shall not be deemed to prohibit Tenant from consummating a sublease pursuant to the provisions of this Subsection (b) at such a lower rental rate.

(a). Tenant shall not, without prior written consent of Landlord, make any alterations, improvements, additions or installations or perform any decorating, painting or other similar work in or about the Premises. If Landlord so consents, before commencement of any such work or delivery of any materials into the Premises or the Building, Tenant shall furnish to Landlord for Landlord's approval: architectural plans and specifications, names, and addresses of all contractors, contracts, necessary permits and licenses, certificates of insurance and instruments of indemnification and waivers of lien against any and all claims, costs, expenses, damages and liabilities which may arise in connection with such work, all in such form as may be satisfactory to Landlord. Whether or not Tenant furnishes the foregoing, Tenant agrees to hold Landlord and Landlord's beneficiaries, agents and employees forever harmless against all claims and liabilities of every kind, nature and description which may, out of, or in any way, be connected with such work. All such work shall be done only by contractors or mechanics approved by Landlord and at such time and in such manner as Landlord may from time to time designate. Tenant shall pay the cost of all such work and the cost of decorating the Premises and the Building occasioned thereby. Upon completion of such work, Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith. All such shall comply with all insurance requirements and with all laws, ordinances, rules and regulations of all governmental authorities, and shall be done in a good and workmanlike manner and with the use of good grades of materials. Tenant shall permit Landlord to supervise construction operations in connection with such work.

(b). Tenant agrees not to suffer or permit any lien of any mechanic or materialman to be placed or filed against the Property or the Premises. In case any such lien shall be filed, Tenant shall immediately satisfy and release such lien of record. If Tenant shall fail to have such lien immediately satisfied and released of record, Landlord may, on behalf of Tenant, without being responsible for making any investigation as to the validity thereof, pay the amount of lien and Tenant shall promptly reimburse Landlord therefore. Tenant has no authority or power to cause or permit any lien or encumbrance of any kind, whether created by act of Tenant, operation of law or otherwise, to attach to or be placed upon Landlord's title or interest in the Premises, and any and all liens and encumbrances created by Tenant shall attach to Tenant's interest only.

(a). To the extent permitted by law, Tenant hereby releases and waives all claims against Landlord, the managing agent of the Building, the Trust which owns the Building, the Trust's beneficiaries, and those persons' agents, employees and servants for injury or damage to person, property or business sustained in or about the Building or the Premises by Tenant, its agents, employees, servants, invitees or customers or other tenants or occupants of the Building or premises, which injury or damage results from any act, neglect, occurrence or condition in or about the Building or the Premises, whether such damage is caused by Landlord or any other person. By way of example and not by way of limitation, this Subsection (a) shall apply to damage or injury caused by refrigerators, sprinkling devices, air-conditioning apparatus, water, snow, frost, steam, excessive heat or cold, falling plaster, broken glass, sewage, gas, odors, noises, the bursting or leaking of pipes or plumbing fixtures and the flooding of basements or other subsurface areas.

(b). If any such injury or damage described in Subsection (a) above results from any act or neglect of Tenant, its employees, agents, servants, invitees or customers, Landlord may, at Landlord's option, repair such injury or damage, and Tenant shall, upon demand by Landlord, promptly reimburse Landlord for the total cost thereof, provided that Tenant shall not be responsible for that portion of the cost thereof for which Landlord has been compensated by insurance proceeds, if the insurance company has waived its right of subrogation against Tenant.

(c). Tenant agrees to indemnify and hold harmless Landlord, the Trust which owns the Building, said Trust's beneficiaries and said persons, agents, employees and servants against any and all claims, demands, costs and expenses of every kind and nature, including reasonable attorney's fees for the defense thereof, arising from Tenant's occupancy of the Premises or from any breach or default on the part of Tenant in the performance of any agreement of Tenant to be performed pursuant to the terms of this Lease, or from any act or neglect of Tenant, its employees, agents, servants, invitees, or customers in or about the Premises. In case any such proceedings are brought against any of these persons, Tenant covenants to defend such proceeding at its sole cost and expense by legal counsel reasonably satisfactory to Landlord, if requested by Landlord.

(d). All personal property located in the Premises or the Building belonging to Tenant, its agent, employees, servants, invitees or customers shall be at the risk of Tenant or such other person and Landlord shall not be liable for damage thereto or theft or misappropriation thereof.

(a). If any voluntary or involuntary petition or similar pleading is filed in any court seeking to declare Tenant bankrupt, insolvent or unable to pay its debts or seeking a plan of reorganization or arrangement under Chapter X or XI of the Bankruptcy Act, and such petition or pleading is not withdrawn or denied within five days of its filing, then and in any such event Landlord may, if Landlord so elects but not otherwise, and with or without notice of such election, and with or without entry or other action by Landlord, immediately terminate this Lease, Landlord shall immediately upon such termination be entitled to recover damages in an amount equal to the then present value of the Rent for the remainder of the Term, plus any other sums owed by Tenant to Landlord, less the then present value of the fair rental value of the Premises for the remainder of the Term (both discounted at the rate of 4% per annum, convertible monthly).

(b). In the event: (i) Tenant defaults in the payment of Rent and does not cure the default within 5 days after demand for payment thereof; (ii) Tenant defaults in the prompt and full performance of any other provision of this Lease and does not cure the default within 10 days after demand by Landlord that the default be cured; (iii) the leasehold interest of Tenant is levied upon under execution or is attached by process of law; (iv) Tenant makes an assignment for the benefit of creditors, admits its inability to pay its debts or takes any action towards a general compromise of its debts or a composition with its creditors or a receiver or trustee is appointed for any property of Tenant; or (v) Tenant abandons the Premises; then and in any such event Landlord may, if Landlord so elects and with or without notice of such election, and without any demand whatsoever, either immediately terminate this Lease and Tenant's right to possession of the Premises or without terminating this Lease, immediately terminate Tenant's right to possession of the Premises.

(c). Upon termination of this Lease, whether by lapse of time or otherwise, or upon any termination of Tenant's right to possession of the Premises without termination of the Lease, Tenant shall surrender and vacate the Premises immediately and deliver possession thereof to Landlord in a clean, good, and tenantable condition. Upon such termination, Tenant shall be entitled to remove, without damage to the Premises or the Building, movable office furniture, trade fixtures, office machines, equipment and special lighting fixtures which may be removed without damage to the Premises or the Building. All other equipment additions, decorations, fixtures, hardware, non-trade fixtures and all improvements, temporary or permanent, in or about the Premises, whether placed there by Tenant or by Landlord, shall, unless Landlord directs their removal, become Landlord's property and shall remain upon the Premises without compensation, allowance or credit to Tenant. In the event possession is not immediately delivered to Landlord or if Tenant shall fail to remove all such property which it is entitled to enter into and upon the Premises with or without process of law for the purpose of returning Tenant and any others who may be occupying the Premises and to remove any and all property therefrom, using such force as may be necessary without being deemed guilty of trespass, eviction or forcible entry or detainer, and without relinquishing Landlord's right to Rent or any other right hereunder.

(d). If Tenant abandons the Premises or otherwise, entitles Landlord so to elect, and the Landlord elects to terminate Tenant's right to possession only without terminating this Lease, Landlord may, at Landlord's option, enter into the Premises, remove Tenant's signs and other evidences of tenancy, and take and hold possession thereof as in Subsection (c) above; provided, however, that such entry and possession shall not terminate this Lease or release Tenant, in whole or in part, from Tenant's obligation to pay Rent hereunder for the full Term, and in any such case, if Landlord so elects, payment of future installments of Rent shall be accelerated, and Tenant shall pay forthwith to Landlord a sum equal to the entire amount of the Rent for the remainder of the Term plus any other sums then due to Landlord hereunder. Upon and after entry into possession without termination of the Lease, Landlord may, but need not, relet the Premises or any part thereof for the amount of Tenant to any person, firm or corporation other than Tenant for such rent, for such term and upon such conditions as Landlord in Landlord's sole discretion shall determine, and Landlord shall not be required to accept any tenant offered by Tenant or to observe any instructions given by Tenant concerning such reletting. In any such case, Landlord may make repairs, alterations and additions in or to the Premises, and redecorate the same to the extent deemed necessary or desirable by Landlord, and Tenant shall, upon demand, pay the cost thereof together with Landlord's expenses of the reletting. If the rent collected by Landlord upon any such reletting for Tenant's account is insufficient to pay when due the full amount of unpaid Rent; all expenses of repairs, alterations, improvements, additions and redecorating and all of Landlord's expense of reletting, including brokers' commissions, Tenant shall pay to Landlord from time to time the amount of each monthly deficiency promptly upon demand.

(e). Any and all property which may be removed from the Premises by Landlord pursuant to Subsections (c) and (d) above or pursuant to law shall be conclusively presumed to have been abandoned by Tenant and title thereto shall pass to Landlord without any cost by set-off credit or otherwise, and Landlord may, at its option: (i) accept title to such property in which event Tenant shall be conclusively presumed to have conveyed such property to Landlord under this Lease as a bill of sale; (ii) at Tenant's expense, dispose of such property in any manner that Landlord shall choose; or (iii) at Tenant's expense, store such property. In no event, however, shall Landlord be responsible for the value, preservation or safekeeping of such property.

(f). To secure the payment of Rent and all other amounts due to Landlord hereunder, Tenant hereby grants to Landlord, as a security interest under the Uniform Commercial Code, a first and prior lien upon the interest of Tenant under this Lease and upon Tenant's interest in all personal property located in the Premises, which lien may be enforced by Landlord pursuant to the provisions of the Uniform Commercial Code or in equity. At Landlord's request Tenant shall sign and deliver to Landlord a UCC-1 financing statement or any other document acknowledging a security interest. Tenant hereby appoints Landlord as Tenant's attorney-in-fact with full power and authority to execute and deliver in the name of tenant any such financing statement or other document in the event Tenant fails to do so on request.

(g). Tenant shall pay upon demand all of Landlord's costs, charges and expenses, including attorneys' fees, incurred by Landlord in enforcing Tenant's obligations hereunder.

(h). If Tenant shall default in the performance of any of its obligations hereunder and such default shall continue after the expiration of any notice or grace period herein provided, Landlord may perform such obligation for the account and expense of Tenant without notice, and Tenant shall reimburse Landlord therefore upon demand.

(i). All rights and remedies of Landlord under this Section No. 14 and elsewhere in this Lease shall be distinct, separate and cumulative and none shall exclude any other right or remedy of Landlord set forth in this Lease, or allowed by law. Tenant's obligations under this Section No. 14 shall survive the expiration of the Term.

(a). If the Building or the Premises are made substantially untenantable by fire or other casualty, Landlord may elect either to: (i) terminate this Lease as of the date of such fire or other casualty by delivery of notice of termination to Tenant within sixty days after the date; or (ii) without termination of this Lease proceed with due diligence to repair, restore or rehabilitate the Building or the Premises, other than leasehold improvements paid for by Tenant, at Landlord's expense (unless such fire or other casualty is due to the act or neglect of Tenant, its employees, agents or servants, in which event such repair, restoration or rehabilitation shall be at Tenant's sole expense).

(b). If the Premises or the Building are damaged by fire or other casualty not due to the act or neglect of Tenant, its employees, agents, or servants but are not made substantially untenantable, then Landlord shall proceed with due diligence to repair and restore the Building or the Premises, other than leasehold improvements paid for by Tenant, unless such damage occurs during the last twelve months of the Term, in which event Landlord shall have the right to terminate this Lease as of the date of such fire or other casualty by delivery of written notice of termination to Tenant within thirty days after the date.

(c). If all or any part of the Premises are rendered substantially untenantable by fire or other casualty not due to the act or neglect of Tenant, its employees, agents or servants and this Lease does not terminate, Rent shall abate for all or that part of the Premises which are untenantable on a per diem basis from and after the date of the fire or other casualty and until the Premises are repaired and restored.

(a). In the event the whole or any substantial part of the Building or the Premises shall be taken or condemned by any competent authority for any public or quasi-public use or purpose, this Lease shall terminate as of the date of the taking of possession by the condemning authority, and Rent shall be apportioned as of the date.

(b). In the event less than a substantial part of the Premises or the Building shall be taken or condemned for any public or quasi-public use or purpose, or if any adjacent property or street shall be condemned or improved in such manner as to require the use of any part of the Premises or the Building, then at the election of Landlord expressed by delivery of written notice to Tenant within ninety days after the date of taking, condemnation or improvement, this Lease shall terminate as of the date without any payment to Tenant therefore.

(c). Landlord shall be entitled to receive the entire award from any taking or condemnation without any payment to Tenant, and Tenant hereby assigns to Landlord Tenant's interest, if any, in such award.

(a). Any sign, lettering, picture, notice or advertisement installed within the Premises which is visible to the public from within the Building shall be installed in such a manner and be of such character and style as Landlord shall approve in writing. No sign, lettering, picture, notice or advertisement shall be placed on any outside window or in a position to be visible from outside the Building.

(b). Tenant shall not advertise the business, profession or activity of Tenant conducted in the Building in any manner which violates any code of ethics adopted by any recognized association or organization pertaining to such business, profession, or activity, shall not use the name of the Building, for any purpose other than that of the business address of Tenant, and shall not use any picture or likeness of the Building in any circulars, notices, advertisements, or correspondence.

(c). Tenant shall not obstruct sidewalks, entrances, passages, courts, corridors, vestibules, halls, elevators, and stairways in or about the Building, nor shall Tenant place objects against glass partitions, doors, or windows which would be unsightly from the Building's corridors, or from the exterior of the Building.

(d). No animals or pets or bicycles or other vehicles shall be brought or permitted to be in the Building or the Premises.

(e). Tenant shall not make excessive noises, cause disturbances or vibrations or use or operate any electrical or electronic devices or other devices that emit loud sounds or air waves which may disturb or annoy other tenants or occupants of the Building or which would interfere with the operation of any device or equipment or radio or television broadcasting or reception from or within the Building or elsewhere. Tenant shall not place or install any musical instrument or equipment or any similar device in or about the Premises.

(f). Tenant shall not make any room-to-room canvass to solicit business from other tenants of the Building.

(g). Tenant shall not exhibit, sell, or offer to sell, use, rent or exchange any item or service in or about the Premises at the time Tenant first occupies the Premises and is permitted hereunder.

(h). Tenant shall not create any odors which may be offensive to other tenants or occupants of the Building.

(i). Tenant shall not waste electricity, water, or air-conditioning, and shall cooperate fully with Landlord to assure the most effective operation of the Building's heating and air-conditioning. Tenant shall not adjust any controls other than room thermostats installed for Tenant's use. Tenant shall not tie, wedge, or otherwise fasten open any water faucet or outlet. Tenant shall keep all corridor doors closed.

(j). No additional locks or similar devices shall be attached to any door and no locks shall be changed except by Landlord. No door keys other than those provided by Landlord at the commencement of the Term shall be made except by Landlord at Tenant's expense. Upon termination of this Lease or of Tenant's possession of the Premises, Tenant shall surrender all keys for door locks and other locks in or about the Premises and shall make known to Landlord the combination of all combination locks, safes, cabinets and vaults, which are not removed by Tenant.

(k). Tenant assumes full responsibility for protecting the Premises from theft, robbery and pilferage. Except during Tenant's normal business hours, Tenant shall keep all doors to the Premises locked and other means of entry to the Premises closed and secured.

(l). No peddlers, solicitors, or beggars shall be allowed in the Building, and if present, shall be reported by Tenant to the Office of the Building.

(m). Tenant shall not install or operate any machinery or mechanical devices of a nature not directly related to Tenant's ordinary use of the Premises.

(n). No person not employed, contracted for or approved by Landlord shall perform any window washing, cleaning, repairing, janitorial, decorating, painting, or other services or work in or about the Premises.

(o). Tenant shall not overload any floor and shall not install any heavy objects such as safes and business machines without having received Landlord's prior written consent as to size, maximum weight, routing and location thereof. Safes, furniture, equipment, machines and other large or bulky articles shall be brought through the Building and into and out of the Premises at such times and in such manner as the Landlord shall direct (including the designation of elevator) and at Tenant's sole risk and responsibility. Prior to Tenant's removal of any such articles from the Building, Tenant shall obtain written authorization therefore at the Office of the Building and shall present such writing to a designated employee of Landlord.

(p). Tenant shall not in any manner deface or injure the Building.

(q). Tenant shall not bring into the Building or Premises inflammables such as gasoline, kerosene, naphtha and benzene, or explosives or any other articles of any intrinsically dangerous nature. If by reason of the failure of Tenant to comply with the provisions of this Subsection (q), any insurance premium payable by Landlord for all or any part of the Building shall at any time be increased, Landlord shall have the option either to terminate this Lease or to require Tenant to make immediate payment of the amount of said increase.

(r). Tenant shall not install or operate any steam or internal combustion engine, boiler, machinery, refrigerating or heating device or air-conditioning apparatus or carry on any mechanical business in or about the Premises.

(s). Tenant shall not use any illumination in or about the Premises other than electric light.

(t). Tenant shall not install in the Premises any equipment which uses a substantial amount of electricity, except under Landlord's direct supervision. Tenant ascertains from Landlord the maximum amount of electrical current which can safely be used in the Premises, taking into account the capacity of the electric wiring in the Building and the Premises and the needs of other tenants, and shall not use more than such safe capacity. Landlord's consent to the installation of electric equipment shall not relieve Tenant from the obligation not to use more electricity than such safe capacity.

(a). This Lease and the rights of Tenant hereunder shall be and are hereby made expressly subject and subordinate at all times to any ground lease of the Real Estate now or hereafter existing and all amendments renewals and modifications thereto and extensions thereof, and to the lien of any mortgage or mortgages now or hereafter existing against the Building, the Real Estate and/or the ground leasehold estate, and to all advances made or hereafter to be made upon the security thereof. Tenant agrees to execute and deliver such further instruments subordinating this Lease to the ground lease or to the lien of any such mortgage or mortgages as may be requested in writing by Landlord from time to time. Tenant hereby appoints Landlord as attorney-in-fact for Tenant with full power and authority to execute and deliver in the name of Tenant any such instrument in the event Tenant fails to do so.

(b). Tenant agrees that neither the cancellation or termination of any such ground lease in accordance with its terms or by the surrender thereof whether voluntary, involuntary or by operation of law, nor the foreclosure of any such mortgage by summary proceedings, voluntary agreement or otherwise, or the commencement of any judicial action seeking such foreclosure, shall, by operation of law or otherwise, result in the termination of this Lease or of Tenant's obligations hereunder, unless the ground lessor or mortgagee elects in writing to terminate this Lease. In the absence of such election, Tenant shall attorn to and recognize such ground lessor or mortgagee as Tenant's Landlord under this Lease. Tenant agrees to execute and deliver at any time upon request of such ground lessor or mortgagee, or their successors, any instrument to further evidence such attornment. Tenant hereby waives its right, if any, to elect to terminate this Lease or to surrender possession of the Premises in the event of any such ground lease termination or mortgage foreclosure.

(c). Tenant acknowledges that its title is and always shall be subordinate to the title of the owner of the Building, and nothing herein contained shall empower Tenant to do any act which can, shall or may encumber the title of the owner of the building.

(a). The New Premises shall be similar to the Premises in area and in appropriateness for use for Tenant's purposes.

(b). Such substitution shall be made in order to put into the Premises a major tenant of the Building who then occupies, or as a result of such move will occupy, all or substantially all of the floor of the Building on which the Premises are located.

(c). If Tenant is then occupying the Premises, Landlord shall pay the expense of moving Tenant, its property and equipment to the New Premises and such moving shall be done at such times and in such manner so as to cause the least inconvenience to Tenant.

(d). If Tenant is then occupying the Premises, Landlord shall give to Tenant not less than thirty days' prior written notice of such substitution if Tenant has not commenced occupying the Premises, Landlord shall give to Tenant not less than five days' prior written notice of such substitution.

(e). Landlord shall, at its sole cost, improve the New Premises with improvements substantially similar to those located in the Premises.

(a). All notices to be given by one party to the other under this Lease shall be in writing and served, in the manner hereinafter described, at the following addresses:

(b). Notices shall be effectively served by Landlord upon Tenant as follows:

(c). Notices shall be effectively served by Tenant upon Landlord as follows:

(a). All unpaid amounts due to Landlord under this Lease for Rent shall bear interest at the rate of _____% per annum from the date due until paid. All other amounts due to Landlord under this Lease shall be considered as Rent, and if unpaid when due shall bear interest at the rate of _____% per annum from the date due until paid.

(b). All of the representations, agreements and obligations of Landlord are contained herein, and no modification, waiver or amendment of the provisions of this Lease shall be binding upon Landlord unless in writing and signed by Landlord or by a duly authorized agent of Landlord.

(c). Submission of this instrument by Landlord to Tenant for examination shall not bind Landlord in any manner, and no lease, option, agreement to lease or other obligation of Landlord shall arise until this instrument is signed by Landlord and delivered to Tenant.

(d). No rights to light or air over any property, whether belonging to Landlord or to any other person, are granted to Tenant by this Lease.

(e). No receipt of money by Landlord from Tenant after the termination of this Lease or Tenant's right to possession of the Premises, the service of any notice, the commencement of any suit, or any final judgment for possession of the Premises, shall reinstate, continue or extend the Term or affect any such event.

(f). No waiver of any default of Tenant hereunder shall be implied from any failure by Landlord to take any action on account of such default, whether or not such default persists or is repeated, and no express waiver shall affect any default other than the default specified in such waiver and then only for the time and to the extent therein stated.

(g). Subject to the provisions of Section No. 9 hereof, each provision hereof shall be binding upon and inure to the benefit of Landlord and Tenant and their respective heirs, assigned executors, administrators, legal representatives and successors.

(h). The headings or captions of Sections are for convenience only, are not part of this Lease, and shall not affect the interpretation of this Lease.

(i). Subject to the provisions of Section No. 22 hereof, Tenant hereby comments to any future assignment by Landlord of any part or all of its rights hereunder.

(j). Any additions or deletions to the printed portion of this Lease shall not be valid unless appearing in the duplicate original copy hereof held by Landlord. In the event of a variation or discrepancy between Landlord's and Tenant's copy hereof, Landlord's duplicate original copy shall control.