O
<br />(c) ' Repair and Maintenance. During the term of this Lease, all Common Elements, including,
<br />without limitation, the structural portions of the.roof, foundation and exterior walls of the Building, and all
<br />electrical, plumbing, water, sewer and other utilities to the respective meters (exclusive of any HVAC unit
<br />servicing the Premises and electrical, water, sewer and other utilities running to the Premises from the service
<br />side of the respective meters), shall be maintained by Lessor or the Association as provided in the
<br />Condominium Declaration; provided, however, (i) that Lessor shall be responsible for the payment of any
<br />and all Common Expenses, special assessments and other. assessment, cost, charge or fee charged or levied
<br />by the Association to either Unit comprising the Premises, and (ii) that Lessee shall be responsible for the
<br />payment of the cost of any repairs required solely as the consequence of any negligent act or omission by, or
<br />willful misconduct of, Lessee or any employee, guest, agent, customer, contractor, licensee, ,invitee or
<br />sublessee of Lessee. The cost of any such repair arising from any such negligent act or omission shall be paid
<br />by Lessee to Lessor as Additional Rent. Lessor shall be responsible for normal wear and tear associated with
<br />Lessee's ordinary and reasonable use of the Premises for the conduct of its business.. Nothing contained in
<br />this .paragraph or elsewhere in this Lease shall preclude or prevent Lessor from making the repairs or
<br />performing the maintenance required of Lessee in paragraph 3.02(h) should Lessee fail to do so after written
<br />demand; provided, however, that the cost of any such repairs and/or maintenance shall be paid by Lessee as
<br />Additional Rent.
<br />(d) No Liability or Abatement of Rent. Provided that Lessor shall have acted reasonably and in
<br />good faith, there shall be no abatement or reduction of Rent by reason of any utility services or other
<br />described in this Section not being performed by Lessor or continuously provided to Lessee. Lessor shall
<br />have no obligation or liability to Lessee as a consequence of delays beyond Lessor's reasonable control with
<br />respect to the delivery or availability of any of the foregoing services.
<br />Section 3.02 Undertaldngs Of Lessee.
<br />(a) Annual Rent. Lessee shall pay Annual Rent to Lessor in the amount of Five Hundred Sixty-
<br />Five Thousand Two Hundred Twenty Four and No/100 Dollars ($565,224.00). Annual Rent shall be paid by
<br />Lessee in twelve (12) consecutive equal monthly installments in the amount of Forty-Seven Thousand One
<br />Hundred Twenty and No/100 Dollars ($47,120.00) each. Monthly installments of annual rent shall be due
<br />and payable on the Commencement Date and on the same day of each successive month thereafter until the
<br />Annual Rent has been paid in full.
<br />Lessee's failure to pay to Lessor any monthly installment of Annual Rent within ten (10) days after
<br />Lessor's delivery of written notice to Lessee that such installment is delinquent shall constitute an event of
<br />default which shall entitle Lessor, without fiuther notice to Lessee, to pursue any and all remedies specified in
<br />this Lease, at law or in equity. Lessee's obligation to pay monthly installments of Annual Rent shall not be
<br />subject to abatement, set-off or deduction except to the extent expressly provided in this Lease.
<br />(b) Security Deposit. No security deposit shall be required from Lessee.
<br />(c) Premises Upfit Costs and Premises Upfit Allowance. Notwithstanding any provision
<br />contained in this Lease to the contrary, Lessee shall be solely responsible for the payment of, and shall pay
<br />when and as due, any and all costs and expenses of the Premises Upfit and any other upfit, finishing and/or
<br />improvement of the Premises, including, without limitation, the installation of equipment and trade fixtures,
<br />to the extent such costs and expenses shall exceed the Premises Upfit Allowance. In the event Lessor shall
<br />expend any funds in excess of the Premises Allowance to pay any cost and/or expense of the Premises Upfit
<br />or any other upfit, finishing and/or improvement of the Premises (the "Upfit Overage"), Lessee shall
<br />reimburse Lessor, as Additional Rent, the full amount of such Upfit Overage in twelve (12) consecutive equal
<br />monthly installments (the amount of each installment being equal to one-twelfth (1/12a) of the Upfit
<br />-6-
|