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01 <br />ruac 18 PAGE $6s <br />plus fifteen percent (15%) of the monthly base rental amount. All other terms and <br />conditions of this Lease shall continue in full force and effect during such tenancy, which <br />shall be terminable by either party upon the delivery of fifteen (15) days prior written <br />notice. <br />(c) Tenant shall vacate the Premises in the same good repair as <br />received on the Commencement Date, ordinary wear and tear excepted, and provided <br />Tenant is not in default under the terms hereof, shall remove from the Premises all <br />Tenant's personal property in order that the Landlord can repossess the Premises on the <br />day this Lease or any extension hereof expires or is sooner terminated. Any removal of <br />Tenant's property by Tenant shall be accomplished in a manner which will minimize any <br />damage or injury to the Premises, and any such damage or injury shall be forthwith <br />repaired by Tenant at its sole cost and expense. <br />3. RENT. <br />(a) Tenant shall pay to Landlord as base rent, without notice or <br />demand and without abatement deduction or setoff, except as elsewhere provided herein, <br />the total sum of Fifty-Eight Thousand Two Hundred Forty Dollars ($58,240.00), or Eight <br />Dollars ($8.00) per square foot of 7,280 rented space per year. Said base rent shall be <br />paid in advance in equal monthly installments of Four Thousand Eight Hundred Fifty- <br />Three Dollars ($4,853.00) on the first day of each and every calendar month during the <br />term of this Lease; provided, however, that in the event the term hereof commences a day <br />other than the first day of a calendar month, then upon the Commencement Date hereof <br />Tenant shall pay to the Landlord a pro-rata portion of rent to that portion of the calendar <br />month remaining from the Commencement Date to the first day of the next following <br />calendar month. <br />(b) The base rent as set forth above shall be increased annually, <br />commencing with the date twelve (12) months after the Commencement Date of the term <br />(the "Adjustment Date"), by the increase, if any, of the Consumer Price Index for U.S. <br />Cities "Urban Wage Earners and Clerical Workers", "All Items" ("Index") as published <br />by the United States Department of Labor Bureau of Labor Statistics, over the "'Base <br />Period Index". The "Base Period Index" shall be the Index for the calendar month <br />immediately preceding the Commencement Date. The Base Period Index shall be <br />compared with the Index for the same calendar month for the subsequent year <br />("Comparison Index"). If the Comparison Index is higher than the Base Period Index, <br />then the base rent shall be increased by the identical percentage commencing on the <br />adjustment date. Notwithstanding the foregoing, in no event shall the adjusted rent be <br />less than the rent in effect immediately prior to the adjustment. When the adjusted rent <br />for the adjustment date has been determined, Landlord shall give Tenant written notice of <br />such adjusted rent, and upon adjustment of the rent, any under payment of rent from the <br />adjustment date to the date Tenant is notified of the adjustment, shall be immediately due <br />and payable by Tenant. Landlord's failure or delay to notify Tenant of said rent <br />adjustment shall not constitute a waiver of the right to any adjustment provided for in this <br />Lease. In the event that the hrdex shall be discontinued, then Landlord shall use an index <br />substantially similar to the Index to calculate future adjustments. <br />2 <br />