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20 FaGF 573
<br />Page 3
<br />this Lease is paid by check which is returned due to insufficient funds, stop payment order, or
<br />otherwise, then: (i) such event shall be treated as a failure to pay such sum when due; and (ii) in
<br />addition to all other rights and remedies of Landlord under this Lease, Landlord shall be entitled
<br />(a) to impose a retumed check charge of $100.00 to cover Landlord's administrative expenses
<br />and overhead for processing, and (b) to require that all future payments be remitted by wire
<br />transfer, money order, or cashier's or certified check.
<br />d. Past Due Amounts: Base Rent not received by Landlord by the fifth day of the month when due
<br />shall be considered past due.
<br />e. Review. Landlord agrees to review annually the expenses incurred by it in operating the
<br />Building. In the event such expenses arc higher than initially projected, Landlord and Tenant
<br />agree to meet in good faith to determine whether a change to the Base Rent is warranted, fair and
<br />reasonable.
<br />4. [Intentionally deleted]
<br />5. SECURITY DEPOSIT: Upon the execution of this Lease, Tenant shall pay to Landlord the Security
<br />Deposit as security for Tenant's full and faithful performance of all the terms, conditions, and covenants
<br />of this Lease.
<br />a. Application ofSecurity Deposit by Landlord: If Tenant fails at any time to perform its obligations
<br />under this Lease, Landlord may at its option apply all or part of the Security Deposit to cure
<br />Tenant's default. If during the Term Landlord depletes some or part of the Security Deposit, then
<br />Tenant shall immediately restore the amount of depletion.
<br />b. Landlord's Rights to Invest and Trans: Landlord may invest the Security Deposit and retain
<br />all the interest it cams. If the Landlord sells the Building, Landlord may transfer Security Deposit
<br />to the buyer of the Building to be held under the terms, covenants, and conditions of this Lease.
<br />c. Return: Landlord shall return the Security Deposit to Tenant within 30 days after this Lease
<br />expires or is terminated, and Tenant returns possession of the Premises to Landlord, provided that
<br />Tenant has fully and faithfully performed all the terms, conditions. and covenants of this Lease.
<br />Landlord may reduce the amount returned by the amount of any damages caused by Tenant's
<br />failure to fully and faithfully perform all such terms, conditions, and covenants.
<br />6. UTILITIES: Landlord shall provide utility services, including water, electricity and HVAC
<br />services, to the Premises in an amount sufficient for the Use. Tenant shall arrange for and pay for all
<br />charges for telephone, telecommunications, hrterrret, and any other utility services to the Premises.
<br />MAINTENANCE AND REPAIRS:
<br />a. Initial Condition: Tenant agrees to accept the Premises in the physical condition existing at the
<br />time it occupies the Premises.
<br />b. Landlord's Obligations: At its own expense, Landlord shall maintain, repair, and keep in good
<br />condition the Building entrances, common areas, and service areas in a manner consistent with
<br />the quality of the Building, and shall maintain and repair the following base Building systems and
<br />components of the Building: (i) the Building's mechanical, electrical, plumbing, and HVAC
<br />systems; (ii) the basic structure of the Building, including the exterior walls, all structural parts of
<br />the Building, the foundation, roof, and columns; (iii) the Building windows; (iv) the Building
<br />elevators; and (v) the Building common areas.
<br />a Tenant's Obligations: Tenant shall make no alterations, additions, repairs, or improvements to
<br />the Premises, including any initial upfit, without the prior written approval of Landlord. All
<br />repairs and additions made by Tenant shall be considered a part of the Premises and, as such, the
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