OFFICE BUILDING LEASE

between
8701 Georgia LLC,
a Delaware limited liability company,

as Landlord,
and
Tress Hair Art,
A _____Limited Liability Company,

as Tenant

Dated: September ____ 2022

TABLE OF CONTENTS

Page

1. Introductory Provisions. 4
2. Premises. 6
3. Term. 6
4. Rent. 7
5. Security Deposit. 8
6. Premises and Occupancy 9
7. Use of Demised Premises. 9
8. Rules and Regulations 10
9. Subletting and Assignment. 10
10. Services and Utilities. 12
11. Maintenance and Repairs. 14
12. Alterations. 15
13. Signs and Advertisements. 16
14. Excessive Floor Load 17
15. Moving and Deliveries 17
16. Tenant’s Responsibility for Damage 17
17. Access. 17
18. Liability. 18
19. Insurance. 19
20. Damage by Casualty. 20
21. Condemnation 21
22. Bankruptcy. 21
23. Defaults and Remedies. 23

3
24. Lender Requirements. 25
25. Estoppel Certificates 26
26. Tenant Holdover. 27
27. Relocation 28
28. Quiet Enjoyment 28
29. Limitation of Landlord’s Liability 28
30. Time of the Essence 28
31. Waiver of Jury Trial 28
32. Notices. 28
33. Postponement of Performance 28
34. Broker 29
35. Miscellaneous Provisions. 29
36. OFAC Certification. 31
37. Binding Effect 31

EXHIBITS:
Exhibit A. Rules and Regulations
Exhibit B. Landlord’s Work
Exhibit C. Rent Payment Information

This Lease (the “Lease”) is made this _____ day of September 2022, by and between 8701 GEORGIA
LLC, a Delaware limited liability company (“Landlord”) and Tress Hair Art, a Maryland Limited
Liability Company (“Tenant”).

WITNESSETH:

For and in consideration of the covenants herein contained and upon the terms and conditions
herein set forth, the parties agree as follows:
1. Introductory Provisions.
(a) Fundamental Lease Provisions. Certain Fundamental Lease Provisions are
presented in this Section in summary form solely to facilitate convenient reference by the parties hereto:
1. Demised Premises Suite No. 814 [See Section 2(a)]
2. Building 8701 Georgia Avenue [See Section 2(a)]
3. Address 8701 Georgia Avenue
Silver Spring, MD 20910

[See Section 2(a)]

4. Rentable Area of
Demised Premises

Approximately 963 square feet of
rentable area.

[See Exhibit A &
Section 2(a)]

5. Rentable Area of
Building

100,175 square feet [See Section 2(b)]

6. Intentionally omitted
7. Lease Term Five (5) Years and Three (3) full
calendar month following the
Commencement Date.

[See Section 3(a)]

8. Commencement Date See Section 3(a)
9. Intentionally Omitted
10. Expiration Date See Section 3(a)
11. Rental Agent 8701 Georgia LLC

c/o Seligman and Associates, Inc.
One Towne Square, Suite 1913
Southfield, Michigan 48076

[See Section 4(a)]

12. Base Annual Rent $26,482.50 (subject to adjustment) [See Sections 4(a)
and (b)]
13. Base Monthly Rent $2,206.88.75 (subject to adjustment) [See Sections 4(a)
and (b)]

ACH payment to: See Exhibit C attached hereto
14. Annual Adjustments Four percent (4.0%)
15. Rent Abatement Landlord shall 100% abate month two

(2), thirteenth (13), and twenty-five
(25).

16. Use of Demised
Premises

General Business and Office Use and
no other use whatsoever

[See Section 7]

17. Security Deposit $6,620.63 [See Section 5(a)]
18. Intentionally omitted
19. Intentionally omitted
20. Standard Building
Operating Hours

8 a.m. to 6:00 p.m. Monday-Friday
9:00 a.m. to 1:00 p.m. Saturday
The lobby doors and elevators are
open to visitors from 7am-7pm
Monday-Friday and 8-1pm on
Saturdays.

[See Section 10(a)]

21. Building Holidays New Year’s Day, President’s Day
Memorial Day, Independence Day,
Labor Day, Thanksgiving Day and
Christmas Day.

[See section 10(a)]

22. Address for Notices
to Tenant before
Occupancy

[See Section 32]

23. Address for Notices
to Tenant after
Occupancy

8701 Georgia Avenue, Suite 814
Silver Spring, MD 20910

[See Section 32]

24. Address for Notices
to Landlord

c/o Seligman and Associates, Inc.
One Towne Square, Suite 1913
Southfield, Michigan 48076

[See Section 32]

25. Leasing Broker Landlord’s Broker:
Scheer Partners, Inc.

[See Section 34]

(b) References and Conflicts. References appearing in Section 1(a) are intended to
designate some of the other places in the Lease where additional provisions applicable to the particular
Fundamental Lease Provisions appear. These references are for convenience only and shall not be
deemed all inclusive. Each reference in this Lease to any of the Fundamental Lease Provisions contained
in Section 1(a) shall be construed to incorporate all of the terms provided for under such provisions, and
such provisions shall be read in conjunction with all other provisions of this Lease applicable thereto. If
there is any conflict between any of the Fundamental Lease Provisions set forth in Section 1(a) and any
other provisions of the Lease, the latter shall control.

exhibits and hereby makede a part of this Lease:
Exhibit A. Rules and Regulations
Exhibit B. Landlord’s Work
Exhibit C. Rent Payment Information

2. Premises.
(a) Demised Premises. Landlord hereby leases to Tenant, and Tenant hereby rents
from Landlord, the Demised Premises as specified in Section 1(a)(1) located in the Building specified in
Section 1(a)(2) at the address specified in Section 1(a)(3). The parties stipulate that the Demised Premises
consists of approximately the square footage of rentable floor space specified in Section 1(a)(4) and as
shown on the floor plan attached hereto as Exhibit “B”.

(b) Building. Landlord and Tenant acknowledge that the gross rentable area in the
Building is specified in Section 1(a)(5). Landlord reserves the right to modify the rentable area of the
Building from time to time during the Lease Term as a result of construction of new improvements, the
demolition of existing improvements, or inclusion of improvements not currently within the boundaries of
the Building.

(c) Landlord’ Work. Notwithstanding the above, Landlord shall turn-key the
Demised premises based on a mutually agreed upon space plan using Building standard materials as
shown in Exhibit B (“Landlord’s Work).
3. Term.
(a) Lease Term. The term of this Lease (sometimes herein called the “Lease Term”)
shall be the period commenceing on November 1, 2022 (the “Commencement Date”) and, subject to
sooner termination as herein provided, ending on the date that is Five (5) years and Three (3) months
from the Lease Commencement Date, thereafter (the “Expiration Date”). Landlord shall deliver, and
Tenant shall accept, possession of the Demised Premises on the Commencement Date in its then-current
“As-Is” condition.

(b) Inability to Deliver Possession. If Landlord shall be unable to tender possession
of the Demised Premises on the anticipated Commencement Date, set forth in Section 1(a)(8) for any
reason, Landlord shall not be subject to any liability for the failure to tender possession on said date.
Under any of the aforesaid circumstances, the rent covenanted to be paid herein shall not commence, and
the Commencement Date shall not occur until the date that possession of the Demised Premises is
tendered to Tenant. No such failure to give possession shall in any other respect affect the validity of this
Lease or the obligations of Tenant hereunder, nor shall same be construed to modify the Lease Term,
which in all events shall be the Lease Term as defined herein. number of years and months set forth in
Section 1(a)(7).

(c) Definition of Lease Year. The first (1 st ) lease year will begin on the
Commencement Date and end on the last day of the twelfth (12 th ) full calendar month following the
Commencement Date.

7
(d) Intentionally omitted.
(e) The second (2 nd ) lease year will begin on the first day of the thirteenth (13 th ) full
calendar month following the Commencement Date and extend for a period of twelve (12) full calendar
months. Each subsequent lease year will begin on the annual anniversary of the first day of the second
(2 nd ) lease year and extend for twelve (12) full calendar months.
4. Rent.
(a) Base Annual Rent. The Base Annual Rent reserved hereunder shall be as
specified in Section 1(a)(12) which shall be payable by Tenant to Landlord during each lease year of the
Lease Term in equal monthly installments of Base Monthly Rent. each as specified in Section 1(a)(13).
Tenant shall pay the first monthly installment of Base Annual Rent (the “Commitment Deposit”) upon
execution of this Lease. The Commitment Deposit shall be applied to the first monthly installment of
Base Rent due after lease commencement. Tenant shall pay the remaining monthly installments of Base
Annual Rent in advance, without notice or demand, and without set-off, deduction or abatement of any
kind, on or before the first day of each and every calendar month throughout the entire Lease Term, in
accordance with the rent payment information specified on Exhibit “C” attached hereto, or to such other
person, at such other address, or in accordance with such other instructions as Landlord may designate by
written notice to Tenant from time to time.

(b) Adjustments to Base Annual Rent. On the first (1 st ) anniversary of the
Commencement Date, and on each anniversary of the Commencement Date thereafter during the Lease
Term (including any extension terms), the Base Annual Rent (then in effect) shall be increased by four
percent (4.0%) per annum. Landlord shall give Tenant written notice of each such adjustment and the
amount of Base Annual Rent payable during the forthcoming lease year.

(c) Additional Rent.
(i) General. Whenever it is provided by the terms of this Lease that Tenant
is required to make any payment to Landlord other than as to Base Annual Rent, such payment
shall be deemed to be additional rent (“Additional Rent”). Unless otherwise expressly specified
herein, Additional Rent shall be paid by Tenant upon Tenant’s receipt from Landlord of a
statement showing the amount owed. Additional Rent shall include, but not be limited to:

(ii) Intentionally omitted.
(iii) Landlord’s Enforcement Costs. Additional Rent shall include any and all
expenses incurred by Landlord, including reasonable attorneys’ fees and court costs, for the
collection of monies due from Tenant and the enforcement of Tenant’s obligations under the
provisions of this Lease. When Landlord, at Tenant’s expense, performs an obligation of Tenant
pursuant to the terms of this Lease, the costs, and expenses (including overhead) incurred by
Landlord in performance of such obligations shall be Additional Rent.
(d) Intentionally omitted.
(e) Prorated Rent. Any rent payable for a portion of a month shall be prorated based

upon a thirty (30) day calendar month.

(f) Payment of Rent, Interest Charges, Late Charges. Any Base Annual Rent or

Additional Rent which is not paid within five (5) days after the same is due shall bear interest at eighteen
percent (18%) per annum or the highest legal rate, whichever is lower. In addition, in the event Base
Annual Rent or Additional Rent is not paid within five (5) days of its due date, Landlord, at its sole
option, may assess a late charge equal to five percent (5%) of the Base Monthly Rent as liquidated
damages for the additional administrative charges incurred by Landlord as a result of such late payment.
If Landlord receives from Tenant two or more returned or “bounced” checks in any twelve (12) month
period, Landlord may require all future rent by cashier’s or certified check.

(g) Survival of Rent Obligation. The obligation of Tenant with respect to the

payment of Additional Rent shall survive the termination of this Lease or assignment thereof.
5. Security Deposit.
(a) Use. Tenant has deposited with Landlord simultaneously with the execution of
this Lease, the amount stipulated in Section 1(a)(17) as a deposit (the “Security Deposit”) to secure the
prompt performance of Tenant’s obligations hereunder. The Security Deposit shall not be an advance
payment of the Base Annual Rent. The Security Deposit may be commingled with Landlord’s general
funds, if permitted by law. Landlord shall have the right, but shall not be obligated, to apply all or any
portion of the Security Deposit to cure any Default or to compensate Landlord for loss or damage
sustained by Landlord as a result of a Default, in which event Tenant shall be obligated to deposit with
Landlord the amount necessary to restore the Security Deposit to its original amount within three (3) days
after written notice from Landlord. Tenant shall be in Default of this Lease if Tenant fails to timely
comply with this Section 5(a). To the extent not forfeited or otherwise used as provided herein, and
provided the Demised Premises are vacated in good condition, reasonable wear and tear excepted, as
described in Section 11, the Security Deposit shall be returned, without interest, to Tenant within thirty
(30) days after the expiration or termination of this Lease. The Security Deposit shall not be a limitation
on Landlord’s damages or other rights and remedies available under this Lease, or at law or equity; nor
shall the Security Deposit be a payment of liquidated damages.

(b) Exclusivity. Landlord may deliver the Security Deposit to the purchaser or any
assignee of Landlord’s interest in the Demised Premises or the Building, whereupon Landlord shall be
discharged from any further liability with respect to the Security Deposit. This provision shall apply also
to any and all subsequent transferors of Landlord’s interest in this Lease.

(c) Not Liquidated Damages. If Tenant fails to take possession of the Demised
Premises as required by this Lease, the Security Deposit shall not be deemed liquidated damages and
Landlord’s use of the Security Deposit pursuant to this Section 5 shall not preclude Landlord from
recovering from Tenant all additional damages incurred by Landlord.
(d) Guaranty. Tenant shall personally guarantee the lease.
6. Premises and Occupancy
.
(a) Tenant shall accept the Demised Premises on the Commencement Date in its
then-current “As-Is,” “Where Is” condition. Landlord shall not have any obligation to make any changes,
alterations, or improvements to the existing condition of the Demised Premises, other than the alterations
described in Section 2(c). Any desired alterations, installations, changes, replacements, additions, or

improvements, structural or otherwise (“Alterations”) shall be conducted by Tenant, at Tenant’s sole cost
and expense, in accordance with Section 12 of the Lease.
7. Use of Demised Premises.
(a) Use. Tenant shall use and occupy the Demised Premises for the purposes

specified in Section 1(a)(16) and for no other purpose whatsoever.

(b) Illegal and Prohibited Uses Compliance. Tenant will not use or permit the
Demised Premises or any part thereof to be used in violation of any present or future applicable law,
regulation or ordinance, or of the certificate of occupancy issued for the Building or the Demised
Premises and shall immediately discontinue any use of the Demised Premises which is declared by any
governmental authority having jurisdiction to be in violation of law or said certificate of occupancy.
Tenant will not use or permit the Demised Premises to be used for any purposes that interfere with the use
and enjoyment of the Building by Landlord or the other tenants, or which violate the requirements of any
insurance company insuring the Building or its contents, or which, in Landlord’s sole discretionary
opinion, impair the reputation of the Building. Tenant shall refrain from and discontinue such use
immediately upon receipt of written notice from Landlord. Tenant, at its expense, shall comply with the
laws, rules or regulations now or hereinafter enacted of any federal, state, or municipal authority, or the
local Fire Underwriters Association, or with any notice from any public officer pursuant to law, or with
any notice from any insurance company pertaining to Tenant’s occupancy or use of the Demised
Premises, whether such notice shall be served on Landlord or Tenant. Tenant, at Tenant’s expense, shall,
after obtaining Landlord’s prior written consent (which shall not be unreasonably withheld or delayed),
make any changes, alterations, renovations, or modifications to the Demised Premises which are
necessitated or required by any such laws, rules, regulations, or notices.

(c) Environmental Protection. Tenant and Tenant’s employees and agents shall not
dispose of any oil, petroleum or chemical liquids or solids, liquid or gaseous products or any hazardous
waste or hazardous substance including, without limitation, asbestos (hereinafter collectively referred to
as “hazardous waste”), as those terms are used in the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, or in any other federal, state or local law governing hazardous
substances, as such laws may be amended from time to time (hereinafter collectively referred to as the
“Act”), at, upon, under or within the Demised Premises or the Building or the land upon which it is built
or into the plumbing or sewer or water system servicing the Demised Premises and/or the Building, nor
shall Tenant, its agents or employees cause or permit the discharge, spillage, uncontrolled loss, seepage or
filtration of any hazardous waste at, upon, under or within the Demised Premises or the Building or the
land or into the plumbing or sewer or water system servicing the same. Tenant shall comply in all
respects with the requirements of the Act and related regulations. In the event of a release, leaking,
spillage or other deposit of any hazardous waste at, upon, under or within any part of the Demised
Premises or the Building or the land, Tenant shall give immediate notice to Landlord of same and
promptly, at Tenant’s sole expense, take any and all necessary actions to return the Demised Premises and
the Building and the land to the condition existing before the presence of any such hazardous waste,
provided, however, that Tenant shall first obtain Landlord’s written approval for any such remedial
action.

(d) Indemnification. Tenant shall indemnify, defend, and hold harmless Landlord
from and against all costs, expenses, liabilities, losses, damages, injunctions, suits, fines, penalties,
claims, and demands including reasonable attorneys’ fees, arising out of any violation of or Default in the
covenants of Sections 7(b) and (c). The provisions of Sections 7(b) and (c) and this Section 7(d) shall
survive the expiration or termination of the Lease Term.

8. Rules and Regulations
. Tenant covenants on behalf of itself, its employees, agents, and licensees and invitees to comply
with the rules and regulations set forth in Exhibit “A,” which is attached hereto and made a part hereof
(the “Rules and Regulations”). Landlord shall have the right, in its sole discretion, to make reasonable
additions and amendments to the Rules and Regulations from time to time and Tenant covenants that
Tenant, its employees, agents, licensees and invitees will comply with additions and amendments to the
Rules and Regulations upon Landlord’s provision to Tenant of a written copy of the same. Any Default
by Tenant, or any other party set forth above, of any of the provisions of the Rules and Regulations as set
forth on Exhibit “A” or as amended, from time to time, shall be considered to be a Default under the
terms of this Lease. Nothing contained in this Lease shall be construed to impose upon Landlord any duty
or obligation to enforce the Rules and Regulations, or any amendments or additions thereto, against any
other tenant, and Landlord shall have no liability to Tenant or any other party for violations of the Rules
and Regulations by any party whatsoever. If there is any inconsistency between this Lease and the Rules
and Regulations, the Lease shall govern.
9. Subletting and Assignment.
(a) Consent. Tenant shall not assign this Lease, or any of Tenant’s rights or
obligations hereunder, or sublet the Demised Premises or any part thereof, or permit the Demised
Premises to be used by others without the prior written consent of Landlord, which consent shall not be
unreasonably withheld or delayed if all of the following conditions are satisfied:

(i) In the reasonable judgment of Landlord, the proposed assignee or
subtenant is of a character and financial worth such as is in keeping with the standards of
Landlord in those respects for the Building, and the nature of the proposed assignees or
subtenant’s business and its reputation are in keeping with the character of the Building and its
tenancies;

(ii) The purposes for which the proposed assignee or subtenant intends to use
the Demised Premises (or the applicable portion thereof) are uses permitted by this Lease and not
prohibited by any other lease in the Building;

(iii) No uncured Default shall have occurred under this Lease, either at the
time Landlord’s consent to such assignment or subletting is requested, or at the commencement
of the term or effective date of such assignment or subletting, and Tenant shall comply with all of
the terms of this Section 9 in connection with such assignment or subletting;

(iv) In the event of an assignment, the proposed assignee shall assume all of
Tenant’s obligations under this Lease, by agreement reasonably satisfactory to Landlord;
(v) In the event of a subletting, the proposed subtenant shall agree to
perform Tenant’s obligations hereunder with respect to the portion of the Demised Premises
sublet, by agreement reasonably satisfactory to Landlord;

(vi) Any Building mortgagee whose consent is required shall consent to such

assignment or subletting; and

(vii) As a further condition to any rights Tenant may have under this Lease to
sublet all or any portion of the Demised Premises, Tenant shall not advertise the space for
sublease at less than the stated base rental rate for the Demised Premises as set forth herein.

Notwithstanding the foregoing, Tenant may negotiate and conclude a leasing transaction for a rate
below the stated base rental rate as it deems appropriate.
If Tenant is a corporation, unincorporated association, partnership, or limited liability company,
then the transfer, assignment or hypothecation of any stock or interest in such corporation, association,
partnership or limited liability company so as to result in a change in the control thereof by the person,
persons or entities owning a controlling interest therein as of the date of this Lease, without the prior
written consent of Landlord as described above, shall be deemed an assignment made in breach of this
covenant. Tenant shall not mortgage, pledge or encumber this Lease without Landlord’s prior written
consent, which may be granted or withheld in Landlord’s sole discretion. Landlord’s consent in any
specific instance to any assignment, mortgage, pledge, encumbrance, subletting or use of the Demised
Premises and its collection and acceptance of rent from any such approved assignee, subtenant or other
occupant shall neither constitute a waiver of the provisions of this paragraph, nor be construed as
permission for any subsequent assignment, mortgage, encumbrance, subletting or use without compliance
with this paragraph. Without the prior written consent of Landlord, this Lease and the interest of Tenant,
or any assignee of Tenant, shall not pass by operation of law, nor shall it be subject to garnishment or sale
under execution in any suit or proceeding which may be brought against or by Tenant, or any assignee of
Tenant.

(b) Request for Consent. In order to request the consent of Landlord to an
assignment of this Lease or subletting of all or part of the Demised Premises, Tenant shall give Landlord
written notice (“Tenant’s Request Notice”) of the identity of the proposed assignee or subtenant and its
business, all terms of the proposed assignment or subletting, the commencement or effective date of the
proposed assignment or subletting (the “Proposed Transfer Commencement Date”, which shall not be
less than ninety (90) days after the date of Tenant’s Request Notice), and the area proposed to be assigned
or sublet (the “Proposed Transfer Space”). Tenant shall also transmit therewith the most recent
financial statement or other evidence of financial responsibility of such assignee or subtenant, a
certification executed by Tenant and such proposed assignee or subtenant stating whether (and to what
extent) any premium or other consideration is being paid for the proposed assignment or subletting, and
all other information reasonably requested by Landlord concerning such proposed assignee or subtenant.
Tenant shall pay Landlord an administrative fee of Two Thousand Five Hundred and 00/100 Dollars
($2,500.00) and shall reimburse all expenses (including reasonable attorneys’ fees) incurred by Landlord,
in connection with any request by Tenant for Landlord’s consent to any assignment, subletting, mortgage,
pledge or encumbrance. Such amounts shall be paid and reimbursed to Landlord regardless of whether
Landlord consents to such request.

(c) Landlord’s Termination Right. Landlord shall have the right in its sole and
absolute discretion to terminate this Lease with respect to the Proposed Transfer Space as of the Proposed
Transfer Commencement Date, by sending Tenant written notice within thirty (30) days after Landlord’s
receipt of Tenant’s Request Notice. If the Proposed Transfer Space does not constitute the entire Demised
Premises and Landlord elects to terminate this Lease with respect to the Proposed Transfer Space, then:
(i) Tenant shall tender the Proposed Transfer Space to Landlord on the Proposed Transfer
Commencement Date as if the Proposed Transfer Commencement Date had been originally set forth in
this Lease as the expiration date of the Lease Term with respect to the Proposed Transfer Space; and (ii)
as to all portions of the Demised Premises other than the Proposed Transfer Space, this Lease shall remain
in full force and effect, and the Base Annual Rent shall be reduced proportionately based on square
footage. Tenant shall pay all expenses of demising walls and other construction required to permit the
operation of the Proposed Transfer Space separate from the balance of the Demised Premises. If the
Proposed Transfer Space constitutes the entire Demised Premises and Landlord elects to terminate this
Lease, then: (i) Tenant shall tender the Demised Premises to Landlord on the Proposed Transfer
Commencement Date, and (ii) the Lease Term shall terminate on the Proposed Transfer Commencement

Date. If Landlord exercises its right to terminate this Lease with respect to the Proposed Transfer Space
(whether the Proposed Transfer Space constitutes all or part of the Demised Premises, Tenant agrees that
Landlord shall have access to the Proposed Transfer Space thirty (30) days prior to the effective
termination date for remodeling or redecorating purposes, or to show the Proposed Transfer Space to
prospective tenants.

(d) Profits. In the event of an assignment or sublease made in accordance with the
terms hereof, Tenant shall pay to Landlord monthly (in the case of a sublease) or when otherwise received
by Tenant (in the case of an assignment) fifty percent (50%) of the “Net Profits” (as defined herein)
received by Tenant in connection with such assignment or sublease. “Net Profits” is defined as the excess
of the rent and/or all other sums collected by Tenant under or in connection with such an assignment or
sublease over and above the Base Annual Rent and Additional Rent payable by Tenant to Landlord under
this Lease for the space covered by such assignment or sublease (which shall be the pro rata portion of the
total Base Annual Rent and Additional Rent payable hereunder in the case of a sublease of a portion of
the Demised Premises) and the direct, out of pocket costs incurred by Tenant in performing alterations or
leasehold improvements for the assignee or subtenant and the leasing commissions paid by Tenant in
connection with such assignment or sublease.

(e) Tenant Liability. In the event of any subletting of the Demised Premises or
assignment of this Lease by Tenant, with or without Landlord’s consent, Tenant shall remain liable to
Landlord for payment of the Base Annual Rent and Additional Rent stipulated herein and all other
covenants and conditions contained herein. Tenant assigns to Landlord any rents due from any subtenant
as security for Tenant’s performance of its obligations under this Lease. Upon a Default by Tenant,
Tenant authorizes each of its subtenants to pay such rents directly to Landlord if such subtenant receives
written notice from Landlord specifying that such rents shall be paid directly to Landlord.

(f) Assignment by Landlord. It is understood and agreed that this Lease and all
rights of Landlord hereunder shall be fully and freely assignable by Landlord without notice to, or consent
of, Tenant. In the event of the transfer and assignment by Landlord of its interest in this Lease, Landlord
shall thereby be released from any responsibility for obligations accruing hereunder after the date of such
transfer, and Tenant agrees to look solely to such successor in interest of Landlord for performance of
such obligations. The term “Landlord” as used in this Lease shall mean the owner of the Building at the
time in question. In the event of a transfer (whether voluntary or involuntary) by such owner of its interest
in the Building, such owner shall thereupon be released and discharged from all covenants and obligations
of the Lease thereafter accruing, but such covenants and obligations shall be binding during the Lease
Term upon each new owner for the duration of such owner’s ownership.
1. Services and Utilities.
(g) Building-standard Services and Utilities. Landlord shall furnish sufficient electric
current for routine and normal requirements for lighting and typical office equipment and machinery,
such as typewriters, calculators, personal computers, small copiers and similar items, subject to the
limitations of Section 10(b), water for lavatory and drinking purposes, common area lavatory supplies,
automatically operated elevator service, and nightly cleaning and janitorial services Monday through
Friday, all without additional cost to Tenant. Landlord further agrees to furnish heating and cooling
during the appropriate seasons of the year, between the hours and on the days set forth in Section
1(a)(21), exclusive of the Building Holidays specified in Section 1(a)(22), with holidays falling on
Saturday observed both on said day and on the preceding Friday, and holidays falling on Sunday observed
on the following Monday.

(h) Should Tenant require heating, ventilating, and air conditioning (“HVAC”)
services beyond the hours stipulated in Section 10(a), Landlord will furnish such additional service at the
then-prevailing hourly rate, as established by Landlord from time to time, provided that Tenant gives
Landlord no less than twenty-four (24) hours advance written notice of the need therefor.

(i) Interruption or Reduction of Service. In no event shall Landlord be liable to
Tenant for any interruption or failure in the supply of any utilities to the Demised Premises. Landlord
reserves the right to interrupt service of the heat, plumbing, air conditioning, cooling, electric, and sewer
and water systems, when necessary, by reason of accident, or of repairs, alterations, improvements or
changes from one utility provider to another, which in the judgment of Landlord are desirable or
necessary to be made, until such repairs, alterations or improvements shall have been completed; and
Landlord shall have no responsibility or liability for failure to supply heat, plumbing, air conditioning,
cooling, electric, or sewer and water service, or any other service or act for the benefit of Tenant, when
prevented from so doing by strikes, accidents or by any other causes beyond Landlord’s reasonable
control, or by orders or regulations of any federal, state, county, or municipal authority, or by any failure
to receive suitable fuel supply, or inability despite exercise of reasonable diligence to obtain the regularly-
used fuel or other suitable substitute; and Tenant agrees that Tenant shall have no claim for damages nor
shall there be any abatement of Base Annual Rent or Additional Rent in the event that any of said systems
or service shall be discontinued or shall fail to function for any reason. If any public utility supplying any
utility to the Building, or any law, order or regulation of any federal, state, county or municipal authority
requires that Landlord or Tenant must reduce or maintain a certain level of consumption of electricity or
any other utility, or reduce or increase the interior temperature of the Demised Premises or the Building,
then Landlord and Tenant shall each abide by such requirement without any reduction in Base Annual
Rent or Additional Rent or in any of Tenant’s other obligations hereunder.

(j) Excessive Electrical Usage.
(i) Tenant will not install or operate in the Demised Premises any heavy-
duty electrical equipment or machinery, without obtaining the prior written consent of Landlord.
Landlord may require, as a condition of its consent to the installation of such equipment or
machinery, payment by Tenant, as Additional Rent, for such excess consumption of electricity as
may be occasioned by the operation of said equipment or machinery. Landlord may make
periodic inspections of the Demised Premises at reasonable times to determine that Tenant’s
electrically operated equipment and machinery complies with the provisions of this Section and
Section 14 and Exhibit A.0I.

(ii) Landlord shall have the right to require that one or more separate meters
or submeters be installed to record the consumption or use of electricity, or to cause a reputable
independent electrical engineer to survey and determine the quantity of electricity consumed by
such excessive use. The cost of any such survey or meters and of installation, maintenance and
repair thereof shall be paid by Tenant. Tenant agrees to pay Landlord (or the utility company, if
direct service is provided by the utility company), promptly upon demand therefor, for all such
electricity consumption as shown by said meters, or a flat monthly charge determined by the
survey, as applicable, at the rates charged for such service by the local public utility company. If
Tenant’s cost of electricity based on meter readings is to be paid to Landlord, Tenant shall pay a
service charge related thereto.
(k) Excessive Heat Generation. Landlord shall not be liable for its failure to maintain
comfortable atmospheric conditions in all or any portion of the Demised Premises, due to heat generated
by any equipment or machinery installed by Tenant (with or without Landlord’s consent) that exceeds
generally accepted engineering design practices for normal office purposes. If Tenant desires additional

cooling to offset excessive heat generated by such equipment or machinery, Tenant shall pay for auxiliary
cooling equipment and its operating costs, including without limitation electricity, gas, oil, and water, or
for excess electrical consumption by the existing cooling system, as appropriate.

(l) Security. Any security measures that Landlord may undertake are for protection
of the Building only and shall not be relied upon by Tenant to protect Tenant, its property, its employees,
or their property.

(m) Utility Provider. Landlord may, at any time, in its sole discretion, change the
utility provider which provides electricity or any other utility service to the Building. In the event of such
change, Tenant shall cooperate with Landlord and allow access to the Demised Premises for purposes of
effectuating such change.
10. Maintenance and Repairs.
(a) Reporting by Tenant. Tenant agrees to report immediately in writing to Landlord
any defective condition in or about the Demised Premises known to Tenant which Landlord is required to
repair, and a failure to so report shall make Tenant liable to Landlord for any additional or increased
expenses, damages or liability resulting from such failure to report the defective condition.

(b) Landlord Responsibilities. Landlord shall make structural repairs to the Demised
Premises necessary for safety and tenantability, and shall maintain and repair all Building equipment
serving the Demised Premises and all exterior plate glass in the Demised Premises, and the cost of all
such repairs or maintenance shall be included in Building operating expenses unless necessitated by the
act or omission of Tenant, its agents, employees, licensees, invitees or contractors, in which event Tenant
shall pay such cost to Landlord, as Additional Rent, promptly upon demand. Tenant waives the right to
make repairs at Landlord’s expense under any law, statute, or ordinance now or hereafter in effect.
(c) Americans with Disabilities Act. Within ten (10) days after receipt, Tenant shall
advise Landlord in writing, and provide copies of (as applicable) any notices alleging violation of the
Americans with Disabilities Act of 1990 (“ADA”) relating to any portion of the Demised Premises or the
Building, any claims made or threatened in writing regarding noncompliance with the ADA and relating
to any portion of the Demised Premises or the Building, or any governmental or regulatory actions or
investigations instituted or threatened regarding noncompliance with the ADA and relating to any portion
of the Demised Premises or the Building.

(d) Tenant Responsibilities. Tenant will keep the Demised Premises and the fixtures
and equipment therein in good order and condition, will take good care thereof and will suffer no waste or
damage thereto. At the expiration or other termination of the Lease Term, Tenant will surrender the
Demised Premises broom clean and in as good order and condition in which they were on the
Commencement Date, ordinary wear and tear excepted. All repairs and maintenance required to be
performed by Tenant shall be made or performed immediately upon the occurrence of the necessity
therefor, and shall be made or performed in a first class manner, using first class materials, by a contractor
approved by Landlord in writing and bonded unless waived by Landlord, and shall be made or performed
in accordance with (i) all laws and all applicable governmental codes and requirements, and (ii) insurance
requirements set forth in this Lease or otherwise established by Landlord. Maintenance and repair of
equipment such as kitchen fixtures, auxiliary air-conditioning equipment, private bathroom fixtures and
any other type of special equipment, together with related plumbing or electrical services, whether
installed by Tenant or by Landlord on behalf of Tenant, shall be the sole responsibility of Tenant, and
Landlord shall have no obligation in connection therewith. Tenant shall be responsible for the

replacement of all light bulbs in the Demised Premises. If Tenant refuses or neglects to promptly
commence and complete repairs or maintenance necessary to satisfy the provisions of this Section,
Landlord may, but shall not be required to, make and complete said repairs or maintenance and Tenant
shall pay the cost therefor (including overhead) to Landlord upon demand, as Additional Rent. Upon
Tenant’s written request to Landlord, Landlord’s agent may elect to perform certain repairs, maintenance,
and installation in and to the Demised Premises, which are either desired by Tenant or required to be
performed by Tenant as set forth herein. Tenant shall pay all costs in connection with such repairs,
maintenance, and installation, which costs shall include, but not be limited to labor, materials, and a
management fee (as determined by Landlord’s agent and subject to change from time to time.) Landlord
shall have no liability to Tenant in connection with such repairs, maintenance, and installation.

(e) Landlord’s Reserved Rights. Landlord reserves the right at any time and from
time to time, as often as Landlord deems desirable, without the same constituting an actual or constructive
eviction and without incurring any liability to Tenant or otherwise affecting Tenant’s obligations under
this Lease, to make changes, alterations, additions, improvements, repairs, relocations or replacements in
or to the Building and the fixtures and equipment thereof, as well as in or to the street entrances, halls,
passages, stairways and other common facilities thereof, and to change the name by which the Building is
commonly known and/or the Building’s address. Landlord reserves the right from time to time to install,
use, maintain, repair and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for
service to other parts of the Building, above the ceiling surfaces, below the floor surfaces, within the walls
and in the central core areas, and to relocate any pipes, ducts, conduits, wires and appurtenant meters and
equipment included in the Demised Premises which are located in the Demised Premises or located
elsewhere outside the Demised Premises, and to expand and/or build additional stories on the Building.
Landlord further reserves the right at any time to alter, expand or reduce the parking facilities, to change
the means of ingress thereto and egress therefrom, and to impose charges for parking in such facilities.
Nothing contained herein shall be deemed to relieve Tenant of any duty, obligation or liability with
respect to making any repair, replacement or improvement or complying with any law, order or
requirement of any government or other authority and nothing contained herein shall be deemed or
construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care,
supervision or repair of the Building, or any part thereof, other than as expressly provided in this Lease.
11. Alterations.
(a) Landlord Consent. Tenant will not make any Alterations in or to the Demised
Premises or any part thereof, without the prior written consent of Landlord, which may be granted or
withheld for structural Alterations and Alterations which would be visible from the exterior of the
Building. Any construction up-grades required by any governmental authority as a result of said
Alterations, either in the Demised Premises or in any other part of the Building, will be paid for by
Tenant. Tenant shall not install any equipment of any nature whatsoever which may affect the insurance
rating of the Building, or which may necessitate any changes, replacements or additions to the plumbing
system, heating system, air-conditioning system, or the electrical system of the Demised Premises,
without the prior written consent of Landlord, which may be granted or withheld in Landlord’s sole
discretion. Tenant shall pay all costs to make such changes, replacements, or additions. Any approved
Alterations shall be made by licensed and bonded contractors and mechanics approved by Landlord, in
accordance with (i) the applicable laws and ordinances of any public authority having jurisdiction over
the Building, (ii) the building code and zoning regulations of any such authority, and (iii) any rules and
regulations established from time to time by the Underwriters Association of the local area. Prior to
commencing construction of any approved Alteration, Tenant shall obtain any necessary building permits
and shall deliver copies of such permits to Landlord. Landlord, in Landlord’s sole discretion, may require
as a condition precedent to the commencement of construction of any Alterations that Tenant furnish
evidence to Landlord that Tenant and Tenant’s contractors carry insurance as specified in Sections

19(b)and 19(d) hereof and such additional insurance as Landlord may reasonably require. All Alterations
shall be performed in a first-class manner, using first-class materials. All Alterations shall be performed
without interference with the work or business operations of Landlord or of the other tenants of the
Building. Tenant and Tenant’s contractors shall be responsible for the transportation, safe-keeping and
storage of materials and equipment used in the performance of Alterations and for the removal of waste
and debris resulting from the performance of Alterations (it being agreed that prior to removal, all such
materials, equipment, waste, and debris shall be stored safely by Tenant within the Demised Premises).
(b) Surrender. All Alterations, including without limitation wall-to-wall carpet,
blinds, draperies, and drapery accessories, to or within the Demised Premises (whether made with or
without Landlord’s consent), shall remain upon the Demised Premises and be surrendered with the
Demised Premises at the expiration of the Lease Term without disturbance, molestation, or injury, unless
otherwise specified by Landlord. Should Landlord elect that any Alterations made by Tenant upon the
Demised Premises be removed upon the expiration of the Lease Term, Tenant agrees that Landlord shall
have the right to cause same to be removed at Tenant’s sole cost and expense. Tenant agrees to reimburse
Landlord for the cost of (i) such removal, (ii) repairing any damage resulting therefrom, and (iii) restoring
the Demised Premises to its condition at the commencement of the Lease Term as initially improved by
Landlord, ordinary wear and tear excepted.

(c) Liens. In making any approved Alterations, Tenant shall promptly pay all
contractors, materialmen, and laborers, so as to minimize the possibility of a lien attaching to the Building
or attaching to any portion of the real property on which the Building is located. Should any such lien be
filed, Tenant shall bond against or discharge the same within ten (10) days after the said filing. If Tenant
shall fail to bond against or discharge any such lien within such ten (10)-day period, then Landlord may,
at its option, discharge such lien at Tenant’s expense in which event Tenant shall reimburse Landlord for
all costs (including legal expenses) of discharging such lien upon demand, as Additional Rent.

(d) Indemnity. Tenant will defend, indemnify, and hold Landlord harmless from and
against any and all expenses, liens, claims or damages, including attorneys’ fees, for injury to person or
property which may or might arise, directly or indirectly, by reason of the making of any Alterations. If
any Alteration is affected without the prior written consent of Landlord, Landlord may remove or correct
the same and Tenant shall be liable for any and all expenses of this work. All rights given to Landlord
herein shall be in addition to any other right or remedy of Landlord contained in this Lease.
12. Signs and Advertisements.
(a) Directory Listings and Suite Entrance Signs. Landlord agrees to display, at
Landlord’s expense, Tenant’s name on the Building directory or directories in the size and style or
lettering used by Landlord. The number of individual names listed on the Building directory or directories
shall be subject to such limitation as shall be established from time to time by Landlord. Tenant may
display its name on the corridor wall adjacent to the Demised Premises, as directed by Landlord, in
Building-standard color, size and style of lettering, to be furnished by Landlord at Landlord’s expense.
(b) Landlord Consent. No sign, advertisement or notice shall be inscribed, painted,
affixed, or displayed on any part of the outside or the inside of the Building, or inside of the Demised
Premises where it may be visible from outside or from the public areas of the Building, except with
Landlord’s prior written consent and then only in such location, number, size, color, and style (i.e.,
Building-standard lettering) as is authorized by Landlord. Tenant shall obtain Landlord’s written
approval of the plans and specifications for any such sign. After construction and prior to installation of
said sign, Tenant shall present the same to Landlord for its written approval. Tenant shall install its

approved sign at a time mutually agreed upon by Landlord and Tenant, it being understood and agreed
that Landlord shall have the right to supervise such installation. Throughout the Lease Term, Tenant shall
maintain such sign in good condition and repair. Upon the termination or expiration of the Lease Term,
Tenant shall remove such sign, repair any damage occasioned by such removal, and restore the area of the
Building on which such sign was installed to its condition prior to the installation of such sign. If Tenant
fails to do so, Landlord may do so at Tenant’s expense and Tenant shall pay the cost therefor (including
overhead) to Landlord upon demand, as Additional Rent. If any such sign, advertisement or notice is
exhibited without Landlord’s written consent, Landlord shall have the right to remove same, and Tenant
shall be liable for any and all expenses incurred by Landlord in connection with said removal. Tenant’s
obligations under this Section 13(b) shall survive the termination or expiration of this Lease.

(c) Advertisements. Tenant shall not publish any advertisement which refers to,
displays, or utilizes in any way the Demised Premises, Landlord or the Building without the prior review
and written consent of Landlord.
13. Excessive Floor Load
. Landlord shall have the right to prescribe the weight and method of installation and position of
safes or other heavy fixtures or equipment. Tenant will not, without Landlord’s prior written approval,
install in the Demised Premises any fixtures, equipment or machinery that will place a load upon the floor
exceeding the designed floor load capacity. Tenant shall be liable for all damage done to the Building by
installing or removing a safe or any other article of Tenant’s office equipment, or due to its being in the
Demised Premises. Landlord shall repair any such damage at Tenant’s expense, and Tenant shall pay the
cost therefor to Landlord upon demand, as Additional Rent.
14. Moving and Deliveries
. No freight, furniture or other bulky matter of any description shall be received into the Building
or carried in the elevators, except at times and by routes authorized by Landlord. Tenant shall give
Landlord at least forty-eight (48) hours telephonic notice prior to moving any freight, furniture, or other
bulky material into or out of the Building. All moving of furniture, material and equipment shall be under
the direct control and supervision of Landlord, who shall, however, not be responsible for any damage to
or charges for moving the same. Tenant shall promptly remove from the public areas within or adjacent to
the Building any of Tenant’s property delivered or deposited there and shall be responsible for any
damage to the Building or the Demised Premises caused by its moving and deliveries.
15. Tenant’s Responsibility for Damage
. Any and all injury, breakage, or damage of any type whatsoever to the Demised Premises or to
other portions of the Building, arising from any act or omission of Tenant or its agents, employees,
licensees, invitees or contractors, shall be repaired by Landlord at the sole expense of Tenant. Tenant
shall reimburse Landlord for the costs for such repairs within five (5) days of receipt of written notice
from Landlord of such costs. This provision shall be construed as an additional remedy granted to
Landlord and not in limitation of any other rights and remedies which Landlord may have in said
circumstances.
16. Access.
(a) Access to Building. Tenant shall have access to the Building twenty-four (24)
hours per day, seven (7) days per week, by means of a key or an electronic controlled access system.
Landlord reserves the right to require a refundable deposit on Building keys and controlled access cards,

which deposit shall be returned to Tenant at the time such keys and cards are returned to Landlord.
Additional keys or controlled access cards required by Tenant for any reason will be provided upon
Tenant’s payment of a fee as determined by Landlord.

(b) Landlord’s Access to Demised Premises. Landlord, its agents, employees and
contractors shall have the right to enter the Demised Premises at all reasonable times, including
emergencies determined by Landlord, (i) to make inspections or to make repairs to the Demised Premises
or other premises as Landlord may deem necessary; (ii) to perform nightly cleaning of the Demised
Premises; (iii) to exhibit the Demised Premises to prospective tenants during the last nine (9) months of
the Lease Term; and (iv) for any purpose whatsoever relating to the safety, protection or preservation of
the Building. Landlord shall use reasonable efforts to minimize interference to Tenant’s business when
making repairs, but Landlord shall not be required to perform the repairs at any time other than during
normal working hours.

(c) Restricted Access. No additional locks, other devices, or systems, including
without limitation alarm systems, which would restrict access to or within the Demised Premises shall be
placed upon any doors without the prior written consent of Landlord. Unless access to the Demised
Premises is provided during the hours when cleaning service is normally rendered, Landlord shall not be
responsible for providing such service to the Demised Premises or to those portions thereof which are
inaccessible. Such inability by Landlord to provide cleaning service to inaccessible areas shall not entitle
Tenant to any adjustment in Base Annual Rent or Additional Rent.
17. Liability.
(a) Landlord’s Liability. Landlord, Landlord’s Rental Agent and their respective
employees and agents shall not be liable to Tenant, any invitee or any other person or entity for any
damage (including indirect and consequential damage), injury, loss or claim (including claims for the
interruption of or loss to business) based on or arising out of any cause whatsoever (except as otherwise
provided in this Section), including without limitation the following: repair to any portion of the Demised
Premises or the Building, interruption in the use of the Demised Premises or any equipment therein, any
accident or damage resulting from any use or operation (by Landlord, Tenant or any other person or
entity) of elevators or heating, cooling, electrical, sewerage or plumbing equipment or apparatus;
termination of this Lease by reason of damage to the Demised Premises or the Building; fire, robbery,
theft, vandalism, mysterious disappearance or any other casualty; actions of any other tenant of the
Building or of any other person or entity; failure or inability to furnish any service or utility specified in
this Lease; and leakage in any part of the Demised Premises or the Building from water, rain, ice or snow
that may leak into, or flow from, any part of the Demised Premises or the Building, or from drains, pipes
or plumbing fixtures in the Demised Premises or the Building. If any condition exists that may be the
basis of a claim of constructive eviction, then Tenant shall give Landlord written notice thereof and a
reasonable opportunity to correct such condition, and in the interim Tenant shall not claim that it has been
constructively evicted or is entitled to a rent abatement. Any property placed by Tenant, its agents,
employees, or invitees in or about the Demised Premises or the Building shall be at the sole risk of
Tenant, and Landlord shall not in any manner be responsible therefor. Notwithstanding the foregoing
provisions of this Section, and except as otherwise set forth in Section 18(b), Landlord shall not be
released from liability to Tenant for any physical injury to any natural person or any property damage
caused by Landlord’s gross negligence or willful misconduct, to the extent such injury is not covered by
insurance (i) carried by Tenant or such person, or (ii) required by this Lease to be carried by Tenant.
(b) Criminal Acts of Third Parties. Landlord shall not be liable in any manner to
Tenant, its agents, employees, licensees or invitees for any injury or damage to Tenant, Tenant’s agents,
employees, licensees or invitees or their property caused by the criminal or intentional misconduct of

third parties. All claims against Landlord for any such damage or injury are hereby expressly waived by
Tenant, and Tenant hereby agrees to hold harmless and indemnify Landlord from the expense of
defending all claims made by Tenant’s agents, employees, licensees, or invitees arising out of such acts.
(c) Indemnity. Tenant shall reimburse Landlord for, and shall indemnify, defend
upon request and hold Landlord, Landlord’s Rental Agent, and their respective agents and employees
harmless from and against any and all claims, actions, damages, liabilities, expenses (including attorneys’
fees and court costs) and losses suffered by or claimed against Landlord, directly or indirectly, based on
or arising out of, in whole or part: (i) any occurrence in, upon or at the Demised Premises (unless caused
by Landlord’s gross negligence or willful misconduct); (ii) the use and occupancy of the Demised
Premises or the business conducted therein; (iii) any act or omission of Tenant, its agents, employees,
contractors, invitees or licensees, whether inside the Demised Premises or elsewhere in or upon the
Building or the land upon which it is built; or (iv) any breach of Tenant’s obligations under this Lease,
including failure to surrender the Demised Premises upon the expiration or earlier termination of the
Lease Term. Tenant’s obligations under this Section 18(c) shall survive the expiration or other
termination of the Lease Term.
18. Insurance.
(a) Insurance Rating. Tenant will not conduct or permit to be conducted any activity
or place any equipment or property in or around the Demised Premises, that will increase in any way the
rate of fire insurance or other insurance on the Building, unless consented to by Landlord in writing.
Landlord’s consent may be conditioned upon Tenant’s payment of any costs arising directly or indirectly
from such increase. If any increase in the rate of fire insurance or other insurance on the Building is stated
by any insurance company or by the applicable Insurance Rating Bureau to be due to Tenant’s activity,
equipment, or property in or around the Demised Premises, said statement shall be conclusive evidence
that the increase in such rate is due to such activity, equipment or property, and Tenant shall be liable for
such increase. Any such rate increase and related costs incurred by Landlord shall be deemed Additional
Rent, due and payable by Tenant to Landlord upon receipt by Tenant of a written statement of the rate
increase and costs. Tenant may contest, at its sole cost and expense, any insurance rate increase, provided
such action by Tenant will not adversely affect the insurance coverage of Landlord, and that Tenant pays
Landlord the increased cost during the pendency of such a contest.

(b) Liability Insurance. Tenant agrees, at its sole cost, to carry and keep in full force
and effect at all times during the term of this Lease for the protection of Landlord and Tenant, a broad
form commercial general liability policy insuring against any and all liability for injury to or death of a
person, or persons, and for damage to or destruction of property occasioned by or arising out of or in
connection with the use or occupancy of the Demised Premises, or by the condition of the Demised
Premises, the limits of such policy to be in an amount not less than One Million Dollars ($1,000,000.00)
per occurrence and Two Million Dollars ($2,000,000.00) in the aggregate. Said policy shall insure
performance by Tenant of the indemnity provisions of Section 18(c) and shall contain an assumed
contractual liability endorsement that refers expressly to this Lease. Landlord, Landlord’s mortgagees
designated by Landlord and Landlord’s Rental Agent shall be named as additional insureds. Tenant shall
increase its commercial general liability insurance coverage as required not more frequently than once
each year, if in the opinion of the mortgagee of the Building or Landlord’s insurance agent the amount of
such insurance coverage at that time is not adequate. Notwithstanding the fact that any liability of Tenant
to Landlord may be covered by Tenant’s insurance, Tenant’s liability shall in no way be limited by the
amount of its insurance recovery.

(c) Property Insurance. Throughout the Lease Term, Tenant shall maintain all-risk
property insurance on the value of all tenant improvements to the Demised Premises (whether constructed

by Landlord or Tenant), the value of all Alterations and the value of Tenant’s personal property located
within the Demised Premises.

(d) Builder’s Risk Insurance. During the course of construction of any tenant
improvements or Alterations by Tenant in the Demised Premises, until completion thereof, Tenant shall
maintain builder’s risk insurance on an “all-risk” basis on a completed value (non-reporting) form for full
replacement value, covering the interests of Landlord and Tenant and their respective contractors and
subcontractors and Landlord’s mortgagee in all work incorporated in the Building and all materials and
equipment in and around the Demised Premises.

(e) Workers’ Compensation Insurance. Throughout the Lease Term, Tenant shall

maintain workers’ compensation insurance as required by law.

(f) Business Interruption Insurance. Throughout the Lease Term, Tenant shall
maintain business interruption insurance with limits to cover a period of not less than twelve (12) months
loss of income, including extra expense coverage with a period of restoration of one hundred eighty (180)
days.

(g) Policy Requirements. All insurance required under this Lease shall be issued by
insurance companies authorized to do business in the jurisdiction where the Building is located. Such
companies shall have a policyholder rating of at least “A” and be assigned a financial size category of at
least “Class XIV” as rated in most recent edition of “Best’s Key Rating Guide” for insurance companies.
All such insurance shall contain only reasonable deductibles. Each policy shall contain an endorsement
requiring 30 days’ written notice from the insurance company to Landlord before cancellation or any
change in the coverage, scope, or amount of any policy. Each policy, or a certificate showing it is in
effect, together with evidence of payment of premiums, shall be deposited with Landlord at the
commencement of the Lease Term, and renewal certificates or copies of renewal policies shall be
delivered to Landlord at least thirty (30) days prior to the expiration date of any policy.

(h) Waiver of Subrogation. Landlord and Tenant mutually covenant and agree that
each party, in connection with insurance policies required to be furnished in accordance with the terms of
this Lease, or in connection with insurance policies which they obtain insuring such insurable interest as
Landlord or Tenant may have in its own properties, whether personal or real, shall expressly waive any
right of subrogation on the part of the insurer against Landlord (and Landlord’s Rental Agent and any
mortgagee requested by Landlord) or Tenant as the same may be applicable, which right to the extent not
prohibited or violative of any such policy is hereby expressly waived, and Landlord and Tenant each
mutually waive all right of recovery against each other, their agents, or employees for any loss, damage or
injury of any nature whatsoever to property for which either party carries, or is required by this Lease to
carry, insurance.
19. Damage by Casualty.
(a) Fire or Casualty Damage. If the Demised Premises shall be damaged by fire or
other casualty, then, except as otherwise provided in subparagraphs (b) and (c) hereof, Landlord, at
Landlord’s expense, shall promptly restore the Demised Premises, and Tenant, at Tenant’s sole expense,
shall promptly restore all leasehold improvements installed in the Demised Premises (by Landlord or
Tenant) and its own furniture, furnishings, trade fixtures and equipment. No penalty shall accrue for
reasonable delay which may arise by reason of adjustment of insurance on the part of Landlord, or on
account of labor problems, or any other cause beyond Landlord’s reasonable control. If the damage or
destruction is such as to make the Demised Premises or any substantial part thereof untenantable (in

Landlord’s judgment), and provided that such damage or destruction is not due in whole or part to the act
or omission of Tenant or Tenant’s agents, employees or invitees, the Base Annual Rent shall abate
proportionately (based on proportion of the number of square feet rendered untenantable to the total
number of square feet of the Demised Premises), from the date of the damage or destruction until the date
the Demised Premises has been restored by Landlord. Except as hereinabove set forth, no compensation,
or claim, or diminution of rent will be allowed or paid by Landlord, by reason of inconvenience,
annoyance, or injury to business, arising from the necessity of repairing the Demised Premises or any
portion of the Building of which they are a part.

(b) Substantial Damage. If the Demised Premises are substantially damaged or are
rendered substantially untenantable by fire or other casualty, or if Landlord’s architect certifies that the
Demised Premises cannot be repaired within ninety (90) business days of normal working hours, said
period commencing with the start of the repair work, or if Landlord shall decide not to restore or repair
the same, or if more than fifty percent (50%) of the gross leasrentable area of the Building is rendered
untenantable (even if the Demised Premises is undamaged) or if Landlord shall decide to demolish the
Building or not to rebuild it, then Landlord may, within ninety (90) days after such fire or other casualty,
terminate this Lease by giving Tenant a notice in writing of such decision, and thereupon the term of this
Lease shall expire by lapse of time upon the third day after such notice is given, and Tenant shall vacate
the Demised Premises and surrender the same to Landlord. Upon the termination of this Lease under the
conditions hereinabove provided, Tenant’s liability for Base Annual Rent and Additional Rent shall cease
as of the day following the casualty.

(c) Insurance Proceeds. The proceeds payable under all casualty insurance policies
maintained by Landlord on the Demised Premises shall belong to and be the property of Landlord, and
Tenant shall not have any interest in such proceeds. Tenant agrees to look to Tenant’s casualty insurance
policies for the restoration and replacement of all of the improvements installed in the Demised Premises
(by Landlord or Tenant) and Tenant’s fixtures, equipment and furnishings in the Demised Premises, and
in the event of termination of this Lease, for any reason, following any such damage or destruction,
Tenant shall promptly assign to Landlord or otherwise pay to Landlord, upon Landlord’s request, all
proceeds of said insurance except those proceeds payable with respect to Tenant’s trade fixtures and
equipment. Notwithstanding anything to the contrary in this Section 20 or in any other provision of this
Lease, any obligation (under this Lease or otherwise) of Landlord to restore all or any portion of the
Demised Premises shall be subject to Landlord’s receipt of approval of the same by the mortgagee(s) of
Landlord (and any approvals required by applicable laws), as well as receipt from any such mortgagee(s)
of such fire and other hazard insurance policy proceeds as may have been assigned to any such
mortgagee, it being agreed that if Landlord has not received such approval(s) and proceeds within ninety
(90) days after any such casualty, then Landlord shall have the right to terminate this Lease, at any time
thereafter, upon notice to Tenant, in which case the rent shall be apportioned and paid to the date of said
fire or other casualty.
20. Condemnation
. In the event the whole or a substantial part of the Demised Premises or the Building shall be
taken for any public or quasi-public purpose by any lawful power or authority by exercise of the right of
appropriation, condemnation or eminent domain, or sold to said authority to prevent such taking
(collectively referred to herein as a “taking”), Landlord shall have the right to terminate this Lease
effective as of the date possession is required to be surrendered to said authority, and rent shall be
apportioned as of that date. For purposes of this Section, a substantial part of the Demised Premises or
the Building shall be considered to have been taken if, in Landlord’s sole opinion, the taking shall render
it commercially undesirable for Landlord to permit this Lease to continue or to continue operating the
Building. Tenant shall not assert any claim against Landlord or the taking authority for any compensation

arising out of or related to such taking and Landlord shall be entitled to receive the entire amount of any
award without deduction for any estate or interest of Tenant; provided, however, that nothing contained in
this Section shall be deemed to prevent Tenant from filing a claim with the taking authority for an award
for the taking of personal property and fixtures belonging to Tenant and relocation expenses, as long as
such award is made in addition to and separately stated from any award made to Landlord for the
Demised Premises and the Building and does not reduce the amount of Landlord’s award. If Landlord
does not elect to terminate this Lease, the Base Annual Rent and Additional Rent payable by Tenant
pursuant to Section 4 shall be adjusted (based on the ratio that the number of square feet of rentable area
taken from the Demised Premises bears to the number of rentable square feet in the Demised Premises
immediately prior to such taking) as of the date possession is required to be surrendered to said authority.
Landlord shall have no obligation to contest any taking.
21. Bankruptcy.
(a) Events of Bankruptcy. Any one or more of the following shall be deemed an
“Event of Bankruptcy” under this Lease: (1) Tenant’s or any guarantor of Tenant’s obligations under
this Lease (“Tenant’s Guarantor”) becoming insolvent, as that term is defined in Title 11 of the United
States Code (the “Bankruptcy Code”), or under the insolvency laws of any state, district, commonwealth
or territory of the United States (the “Insolvency Laws”); (2) the appointment of a receiver or custodian
for any or all of Tenant’s or Tenant’s Guarantor’s property or assets, or the institution of a foreclosure
action upon any of Tenant’s or Tenant’s Guarantor’s real or personal property; (3) the filing of a
voluntary petition under the provisions of the Bankruptcy Code or Insolvency Laws; (4) the filing of an
involuntary petition against Tenant or Tenant’s Guarantor as the subject debtor under the Bankruptcy
Code or Insolvency Laws, which either (A) is not dismissed within thirty (30) days of filing, or (B) results
in the issuance of an order for relief against the debtor; or (5) Tenant’s or Tenant’s Guarantor’s making or
consenting to an assignment for the benefit of creditors or a common law composition of creditors.
(b) Termination of Lease. Upon the occurrence of an Event of Bankruptcy, or if
Tenant takes advantage of any Insolvency Laws, then in any such event Landlord at its option and sole
discretion may terminate this Lease by written notice to Tenant (subject, however, to applicable
provisions of the Bankruptcy Code or Insolvency Laws during the pendency of any action thereunder
involving Tenant as the subject debtor). If this Lease is terminated under this Section 22, Tenant shall
immediately surrender and vacate the Demised Premises, waives all statutory or other notice to quit, and
agrees that Landlord’s obligations under this Lease shall cease from such termination date, and Landlord
may recover possession by process of law or in any other lawful manner. Furthermore, if this Lease
terminates under this Section 22(b), Landlord shall have all rights and remedies against Tenant provided
in case of Default of Tenant in the payment of Base Annual Rent and/or Additional Rent. Tenant’s
obligation to restore the Demised Premises shall be a separate obligation of Tenant under this Lease
which shall in no event be deemed to have resulted from a termination of this Lease prior to the
Expiration Date and such obligation shall not be limited by the limit on damages resulting from the
termination of this Lease pursuant to Section 502(b)(6) of the Bankruptcy Code or otherwise.

(c) Assumption by Trustee. If Tenant becomes the subject debtor in a case pending
under the Bankruptcy Code, Landlord’s right to terminate this Lease under this Section 22 shall be subject
to the applicable rights (if any) of the Trustee in Bankruptcy to assume or assign this Lease as then
provided for in the Bankruptcy Code. However, the Trustee in Bankruptcy must give to Landlord and
Landlord must receive proper written notice of the Trustee’s assumption or rejection of this Lease within
sixty (60) days (or such other applicable period as is provided for in the Bankruptcy Code) after the date
of the Trustee’s appointment, it being agreed that failure of the Trustee to give notice of such assumption
hereof within said period shall conclusively and irrevocably constitute the Trustee’s rejection of this
Lease and waiver of any rights of the Trustee to assume or assign this Lease. The Trustee shall not have

the right to assume or assign this Lease unless said Trustee (i) promptly and fully cures all Defaults under
this Lease, (ii) promptly and fully compensates Landlord for all monetary damages incurred as a result of
such Default, and (iii) provides to Landlord adequate assurance of future performance (as defined below).
For purposes of this paragraph, the term “promptly” shall mean within a period not more than sixty (60)
days from the date of assumption of this Lease.

(d) Liquidated Damages. It is further stipulated and agreed that, in the event of the
termination of this Lease by the happening of any event described in this Section 22, Landlord shall
forthwith, upon such termination, and any other provisions of this Lease to the contrary notwithstanding,
become entitled to recover, as liquidated damages for such breach of the provisions of this Lease, an
amount equal to the difference between the then cash value of the Base Annual Rent reserved hereunder
for the unexpired portion of the Lease Term demised, and the then cash rental value of the Demised
Premises for such unexpired portion of the Lease Term hereby demised, unless the statute which governs
or shall govern the proceedings in which such damages are to be proved limits or shall limit the amount of
such claim capable of so being proved, in which case Landlord shall be entitled to prove as liquidated
damages an amount equal to that allowed by or under any such statute. The provisions of this Section
22(d) shall be without prejudice to (i) Landlord’s right to prove in full damages for Base Annual Rent and
Additional Rent accrued prior to the termination of this Lease, but not paid, or (ii) any rights given to
Landlord by any pertinent statute to prove any amounts allowed thereby. In making any such
computation, the rental value of the Demised Premises shall be deemed prima facie to be the base rental
realized upon any reletting, if such reletting can be accomplished by Landlord within a reasonable time
after such termination of this Lease, and the then cash value of any future rent shall be computed by
discounting at a rate equal to one (1) whole percentage point above the discount rate then in effect at the
Federal Reserve Bank with jurisdiction over banks in the area in which the Building is located.
22. Defaults and Remedies.
(a) Default. Each of the following shall be deemed a Default by Tenant and a breach

of this Lease:

(i) A failure by Tenant to pay Base Annual Rent or Additional Rent herein

reserved by the first ( 1st) business day of each month during the Lease Term; or

(ii) An assignment or encumbrance of Tenant’s interest in this Lease or the

Demised Premises or a subletting of the Demised Premises in violation of Section 9; or

(iii) A failure by Tenant in the observance or performance of any other term,
covenant, agreement, or condition of this Lease on the part of Tenant to be observed or
performed, including the Rules and Regulations, after twenty (20) days written notice; or
(iv) An Event of Bankruptcy as defined in Section 22(a); or
(v) Tenant’s abandonment of the Demised Premises; or
(vi) Any material misrepresentation by Tenant to Landlord in connection

with the negotiation and/or execution of this Lease; or

(vii) A default by Tenant beyond any applicable cure period under any other

lease for space in the Building.
(b) Remedies. Upon Default by Tenant of any of the terms or covenants of this

Lease, Landlord shall be entitled to remedy such Default as follows:

(i) Termination and Re-entry. Landlord shall have the right, at its sole
option, to terminate this Lease without advance notice to or demand upon Tenant. In addition,
with or without terminating this Lease, Landlord may re-enter, terminate Tenant’s right of
possession, and take possession of the Demised Premises by such proceedings as may be
applicable. The provisions of this section shall operate as a notice to quit, any other notice to quit
or of Landlord’s intention to re-enter the Demised Premises being expressly waived. If Landlord
elects to terminate this Lease and/or elects to terminate Tenant’s right of possession, then all of
Landlord’s obligations as set forth in this Lease shall cease. Landlord may relet the Demised
Premises or any part thereof, alone or together with other premises, for such term(s) (which may
extend beyond the date on which the Lease Term would have expired but for Tenant’s Default)
and on such terms and conditions (which may include concessions or free rent and alterations of
the Demised Premises) as Landlord, in its sole discretion, may determine, but Landlord shall not
be liable for, nor shall Tenant’s obligations be diminished by reason of, Landlord’s failure to relet
the Demised Premises or collect any rent due upon such reletting. Whether or not this Lease is
terminated, Tenant nevertheless shall remain liable for the Base Annual Rent, Additional Rent
and any other sums or damages which may be due or sustained prior to the later of termination of
this Lease or Landlord’s recovery of possession of the Demised Premises, and all costs, fees and
expenses (including without limitation reasonable attorneys’ fees in the event of any dispute
regarding the Lease, brokerage fees and expenses incurred in placing the Demised Premises in
first-class rentable condition) incurred by Landlord in pursuit of its remedies and in renting the
Demised Premises to others from time to time. Tenant shall also be liable for additional damages
which at Landlord’s election shall be either Monthly Damages or Present Value Damages.
“Monthly Damages” shall be an amount equal to the Base Annual Rent and Additional Rent
which would have become due during the remainder of the Lease Term, less the amount of rental,
if any, which Landlord receives during such period from others to whom the Demised Premises
may be rented (other than any additional rent payable as a result of any failure of such other
person to perform any of its obligations), which damages shall be computed and payable in
monthly installments, in advance, on the first day of each calendar month following Tenant’s
Default and continuing until the date on which the Lease Term would have expired but for
Tenant’s Default. Separate suits may be brought to collect any such Monthly Damages for any
month(s), and such suits shall not in any manner prejudice Landlord’s right to collect any such
damages for any subsequent month(s), or Landlord may defer any such suit until after the
expiration of the Lease Term, in which event such suit shall be deemed not to have accrued until
the expiration of the Lease Term. “Present Value Damages” shall be an amount equal to the
present value (as of the date of Tenant’s Default) of the Base Annual Rent and Additional Rent
which would have become due through the date on which the Lease Term would have expired but
for Tenant’s Default, which damages shall be payable to Landlord in a lump sum on demand. For
purpose of this section, present value shall be computed by discounting at a rate equal to one (1)
whole percentage point above the discount rate then in effect at the Federal Reserve Bank with
jurisdiction over banks in the area in which the Building is located. Tenant waives any right of
redemption, re-entry, or restoration of the operation of this Lease under any present or future law,
including any such right which Tenant would otherwise have if Tenant shall be dispossessed for
any cause. Tenant agrees that the provisions of this Section, including, but not limited to, the
allowances for Monthly Damages and/or Present Value Damages, shall not be construed, as a
penalty and hereby waives any right to assert that any acceleration of rent, or other enforcement
by Landlord of its rights pursuant to this Section, shall be construed as a penalty.

(ii) Reduction of Tenant’s Rights. Landlord shall have the right to terminate
any renewal or expansion right contained in this Lease, and to grant or withhold any consent or

approval pursuant to this Lease in its sole and absolute discretion, if a Default has occurred. If
this Lease requires Landlord to be reasonable in giving any prior written consent or approval of
an action by Tenant, Landlord nevertheless shall not be required to be reasonable in approving the
action of Tenant if Tenant took the action without first seeking Landlord’s prior written consent
pursuant to this Lease. Landlord shall have no obligation to refund to Tenant or to credit to
Tenant against any other amounts or installments coming due to Landlord hereunder any amount
otherwise owed or creditable by Landlord to Tenant pursuant to the terms of this Lease if a
Default has occurred. The provisions of this subsection shall apply notwithstanding anything to
the contrary in this Lease, and whether or not this Lease and/or Tenant’s right of possession is
terminated as a result of Tenant’s Default.

(iii) Right of Landlord to Cure Tenant’s Default. If Tenant fails to make any
payment to any third party or to do any act required to be made or done by Tenant, then Landlord
may, but shall not be required to, make such payment, or do such act. The amount of any
resulting expense or cost to Landlord, including attorneys’ fees, with interest thereon at the rate of
eighteen percent (18%) per annum or the highest legal rate, whichever is lower, accruing from the
date paid by Landlord, shall be paid by Tenant to Landlord and shall constitute Additional Rent
hereunder, due, and payable by Tenant upon receipt of a written statement of costs from
Landlord. The making of such payment or the doing of such act by Landlord shall not operate to
cure Tenant’s Default, nor shall it prevent Landlord from the pursuit of any remedy to which
Landlord would otherwise be entitled.

(iv) Lien for Rent. Upon any Default by Tenant in the payment of Base
Annual Rent or Additional Rent, Landlord shall have a lien upon the property of Tenant in the
Demised Premises for the amount of any unpaid Base Annual Rent or Additional Rent. In such
event, Tenant shall not remove any of Tenant’s property from the Demised Premises except with
the prior written consent of Landlord, and Landlord shall have the right and privilege, at its
option, to take possession of all property of Tenant in the Demised Premises, to store the same on
the Demised Premises, or to remove it and store it in such place as may be selected by Landlord,
at Tenant’s risk and expense.

(v) Abandonment Default. If Tenant Defaults under this Lease pursuant to
Section 23(a)(v) above, and such Default under Section 23(a)(v) continues for more than ninety
(90) consecutive days, Landlord, at its sole option, may terminate this Lease upon delivery of
written notice thereof to Tenant or may permit the Lease Term to continue and collect such rent
as is otherwise due under this Lease. Such a termination by Landlord shall not serve to waive any
of Landlord’s rights or remedies under this Lease, at law, or in equity.

(vi) Landlord Costs. In addition to Landlord’s other rights and remedies
hereunder and/or under applicable law, in the event of any breach of any provision of this Lease
by Tenant, Tenant shall be obligated to pay to Landlord, upon Landlord’s request, all costs,
damages and expenses incurred by Landlord as a result of such breach including reasonable
attorneys’ and other professional service fees, investigation costs, court costs, and all other
damages incurred and/or recoverable by Landlord under this Lease or under applicable law.
Notwithstanding the entry of any judgment related to this Lease, this Section 23 shall not merge
with such judgment, but shall survive the entry of such judgment and shall continue to be binding
and separately enforceable for all time. Post judgment attorneys’ fees and costs related to the
enforcement of any such judgment shall be recoverable in the same or a separate action.

enumerated shall be cumulative and in addition to Landlord’s other rights and remedies at law or in
equity, including those available as a result of any anticipatory breach of this Lease. Landlord’s exercise
of any such right or remedy shall not prevent the concurrent or subsequent exercise of any other right or
remedy. For the purposes of any suit brought or based hereon, this Lease shall be construed to be a
divisible contract, to the end that successive actions may be maintained on this Lease as successive
periodic sums mature hereunder.

(d) Non-Waiver. No payment by Tenant or receipt by Landlord of lesser amounts of
rent than those herein stipulated shall be deemed to be other than on account of the earliest unpaid
stipulated rent. No endorsement or statement on any check or any letter accompanying any check or
payment as rent shall be deemed an accord and satisfaction, and Landlord may accept such check or
payment without prejudice to Landlord’s right to recover the balance of such rent or pursue any other
remedy provided in this Lease. Notwithstanding any request or designation by Tenant, Landlord may
apply any payment received from Tenant to any payment then due. Re-entry and acceptance of keys shall
not be considered an acceptance of surrender. No waiver of any breach of any covenant, condition or
agreement herein contained on one or more occasions shall operate as a waiver of the covenant, condition,
or agreement itself, or of any subsequent breach thereof. Landlord’s delay or failure to exercise or enforce
any of Landlord’s rights or remedies or Tenant’s obligations shall not constitute a waiver of any such
rights, remedies, or obligations. No provision of this Lease shall be deemed to have been waived by
Landlord unless such waiver shall be in writing signed by Landlord.
23. Lender Requirements.
(a) Subordination. Tenant agrees that this Lease is subject and subordinate to all
ground or underlying leases and to all mortgages or deeds of trust which may now or hereafter be made a
lien on the Building, and to all renewals, modifications, consolidations, replacements, and extensions
thereof. This subordination provision shall be self-operative, and no further instrument of subordination
shall be required. Tenant agrees to execute and deliver, upon request, such further instrument or
instruments confirming this subordination (and its agreement to attorn described in Section 24(b)) as shall
be desired by Landlord, or by any ground lessor or any mortgagee or proposed mortgagee; and, in the
event Tenant does not execute and deliver to Landlord such an instrument within ten (10) days of receipt
of Landlord’s request therefor, Tenant hereby constitutes and appoints Landlord as Tenant’s attorney-in-
fact solely to execute any such instrument or instruments. Tenant shall be liable for any loss incurred by
Landlord resulting from Tenant’s failure to timely execute and deliver any instrument requested by
Landlord confirming such subordination, and shall reimburse Landlord for the amount of any such loss
upon demand, as Additional Rent. Tenant further agrees that, at the option of the holder of any mortgage
or of the trustee under any deed of trust, this Lease may be made superior to said mortgage or first deed of
trust.

(b) Attornment. In the event any proceedings are brought for the foreclosure of, or in
the event of exercise of the power of sale under, any deed to secure debt given by Landlord and covering
the Demised Premises, Tenant shall attorn to the purchaser upon any such foreclosure or sale and
recognize such purchaser as the owner and landlord under this Lease, provided such owner, as landlord,
shall recognize Tenant’s rights to continue to occupy the Demised Premises and exercise all of its rights
hereunder so long as Tenant complies with the terms and provisions of this Lease. Tenant further
covenants and agrees to attorn to any successor to Landlord’s interest in any ground or underlying lease,
and in that event, this Lease shall continue as a direct lease between Tenant herein and such landlord or its
successor.

(c) New Financing. In the event that the trust or mortgage lender providing the first
mortgage interim construction financing for the Building and/or the first mortgage permanent financing

for the Building requires, as a condition of such financing, that modifications to this Lease be obtained,
and provided that such modifications (i) are reasonable, (ii) do not adversely affect Tenant’s use of the
Demised Premises as herein permitted, and (iii) do not increase the rent and other sums required to be
paid by Tenant hereunder, then Landlord may submit to Tenant a written amendment to this Lease
incorporating such required modifications, and, in the event Tenant does not execute and return to
Landlord such written amendment within seven (7) days after the same has been submitted to Tenant,
then Landlord shall thereafter have the right, at its sole option, to cancel this Lease. Such option shall be
exercisable by Landlord giving Tenant written notice of cancellation, immediately whereupon this Lease
shall be canceled and terminated, and any money or security therefor deposited by Tenant with Landlord
shall be returned to Tenant, subject to the provisions of Section 5 of this Lease, and both Landlord and
Tenant shall thereupon be relieved from any and all further liability or obligation hereunder.

(d) Financial Statements. Tenant agrees, from time to time but not more often than
once per calendar year, upon not less than forty-five (45) days prior written notice by Landlord, to deliver
to Landlord such financial statements as Landlord may request. If Tenant shall fail to provide Landlord
with Tenant’s financial statements within forty-five (45) days after receipt of Landlord’s written request
therefor, Landlord may impose a penalty in the amount of Fifty Dollars ($50.00) per day for each day
after such date that Tenant’s failure to provide such financial statements continues. Any such penalty shall
be payable by Tenant, as Additional Rent, within ten (10) days after Landlord’s written demand therefor.
The parties have agreed that Landlord’s actual damages in the event of a failure to deliver to Landlord
such financial statements would be extremely difficult or impracticable to determine. After negotiation,
considering all the circumstances existing on the date hereof, the parties have agreed that the liquidated
damages specified above are a reasonable estimate of the damages that Landlord would incur in the event
of Tenant’s Default under this Section 24(d).
24. Estoppel Certificates
. Tenant agrees, at any time and from time to time, upon not less than five (5) days prior written
notice by Landlord, to execute, acknowledge and deliver to Landlord a written estoppel certificate (i)
certifying that this Lease is unmodified and in full force and effect (or if there have been modifications.
stating the nature of same), (ii) stating the Commencement Date of the Lease Term, (iii) stating the
amounts of Base Annual Rent and Additional Rent and the dates to which the Base Annual Rent and
Additional Rent have been paid by Tenant, (iv) stating the amount of any Security Deposit, (v) stating
whether or not to the best knowledge of Tenant, Landlord is in default in the performance of any
covenant, agreement or condition contained in this Lease, and, if so, specifying each such default of
which Tenant may have knowledge, (vi) stating that Tenant has no right to setoff and no defense against
payment of the Base Annual Rent or Additional Rent, (vii) stating the address to which notices to Tenant
should be sent, and (viii) certifying such other matters as may be requested by Landlord. Any such
certificate delivered pursuant hereto may be relied upon by an owner of the Building, any prospective
purchaser of the Building, any mortgagee or prospective mortgagee of the Building or of Landlord’s
interest therein, or any prospective assignee of any such mortgage. Failure to deliver the aforesaid
certificate within the five (5) days shall be conclusive upon Tenant for the benefit of Landlord and any
successor to Landlord that this Lease is in full force and effect and has not been modified except as may
be represented by the party requesting the certificate, and by such failure Tenant shall be deemed to have
irrevocably constituted and appointed Landlord as its attorney-in-fact coupled with an interest to execute
and deliver the aforesaid certificate to the aforesaid parties, in its name, place and stead. Tenant shall be
liable for any loss incurred by Landlord resulting from Tenant’s failure to timely execute and deliver any
estoppel certificate requested by Landlord and shall reimburse Landlord for the amount of any such loss
upon demand, as Additional Rent.
25. Tenant Holdover.

(a) With Landlord Consent. If Tenant continues, with the knowledge and written
consent of Landlord obtained at least thirty (30) days prior to the expiration of the Lease Term, to remain
in the Demised Premises after the expiration of the Lease Term, and in that event, Tenant shall, by virtue
of this agreement become a tenant by the month at Base Monthly Rent which is one and one-half (1.5)
times the Base Monthly Rent applicable to the last month of the Lease Term, and otherwise subject to the
terms, covenants and conditions herein specified, commencing said monthly tenancy with the first day
next after the end of the Lease Term.

(b) Without Landlord Consent. In the event that Tenant, without the consent of
Landlord, shall hold over after the expiration of the term hereby created, then Tenant shall become a
tenant of sufferance only, at a monthly rent which is two (2) times the Base Monthly Rent applicable to
the last month of the Lease Term, and otherwise subject to the terms, covenants and conditions herein
specified. Tenant expressly agrees to hold Landlord harmless from all loss and damages, direct and
consequential, which Landlord may suffer in defense of claims by other parties against Landlord arising
out of the holding over by Tenant, including without limitation attorneys’ fees which may be incurred by
Landlord in defense of such claims. Acceptance of rent by Landlord subsequent to the expiration of the
Lease Term shall not constitute consent to any holding over. Landlord shall have the right to apply all
payment received after the expiration date of this Lease toward payment for use and occupancy of the
Demised Premises subsequent to the expiration of the Lease Term and toward any other sums owed by
Tenant to Landlord. Landlord, at its option, may forthwith re-enter and take possession of the Demised
Premises without process, or by any legal process in force.
26. Relocation
. Landlord reserves the right at any time prior to the commencement of the Lease Term, and upon
thirty (30) days prior written notice to Tenant if the Lease Term has commenced, to relocate Tenant to
such other space, area, or floor within the Building as Landlord may deem advisable or necessary,
provided, that such other space or area shall be of a similar nature and size to the Demised Premises
described in Section 1(a) above, and shall be approved by Tenant, which approval shall not be
unreasonably withheld or delayed. If such a relocation is made hereunder, Tenant agrees to execute upon
request of Landlord, an amendment to this Lease re-describing the Demised Premises, but all other terms,
covenants and conditions of this Lease shall remain in full force and effect. Landlord shall pay all
reasonable moving costs incurred by Tenant in connection with such move. Should Tenant refuse to
permit Landlord to move Tenant to such new space, Landlord, in addition to any other remedies it may
have by reason of Tenant’s Default under this Lease, shall have the right to cancel and terminate this
Lease by giving ten (10) days’ prior written notice to Tenant.
27. Quiet Enjoyment
. So long as Tenant shall observe and perform all the covenants and agreements binding on it
hereunder Tenant shall at all times during the term herein granted, peacefully and quietly have, and enjoy
possession of the Demised Premises without any encumbrance or hindrance by, from or through
Landlord, except as otherwise provided in for elsewhere under this Lease.
28. Limitation of Landlord’s Liability
. It is understood and agreed that the liability of Landlord hereunder shall be limited solely to its
interest in the Building of which the Demised Premises form a part; and that neither Landlord nor (if
Landlord is a partnership) any partner of Landlord nor (if Landlord is a corporation) any shareholder of
Landlord nor (if Landlord is a limited liability company) any member of Landlord shall be personally
liable with respect to any claim arising out of or related to this Lease.

29. Time of the Essence
. Landlord and Tenant acknowledge that time is of the essence in the performance of any and all
obligations, terms, and provisions of this Lease.
30. Waiver of Jury Trial
. Landlord and Tenant each hereby waive any right to a jury trial with respect to this Lease
and/or any matters arising hereunder.
31. Notices.
(a) Addresses for Notices. All notices required or desired to be given hereunder by
either party to the other shall be given in person, by certified or registered mail, return receipt requested,
or by United Parcel Service, FedEx or any other widely used overnight delivery service, and addressed as
specified in Section 1(a). Either party may, by like written notice, designate a new address to which such
notices shall be directed.

(b) Effective Date of Notice. Notice shall be deemed to be effective when delivered
in person, by certified or registered mail, return receipt requested, or Airborne Express, United Parcel
Service, Federal Express or any other widely used overnight delivery service, or three (3) days after
mailing, unless otherwise stipulated herein.
32. Postponement of Performance
. In the event that either party hereto shall be delayed or hindered in or prevented from the
performance of any act required hereunder by reason of strikes, labor troubles, inability to procure labor
or materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war, acts of
God, nationwide pandemic or epidemic, fire or other casualty or other reason of a similar or dissimilar
nature beyond the reasonable control of the party delayed in performing work or doing acts required
under the terms of this Lease, then performance of such act shall be excused for the period of the delay
and the period for the performance of any such act shall be extended by a period equivalent to the period
of such delay. The provisions of this paragraph shall not operate to excuse Tenant from the prompt
payment of Base Annual Rent or Additional Rent and shall not operate to extend the Lease Term. Delays
or failures to perform resulting from lack of funds shall not be deemed delays beyond the reasonable
control of a party.
33. Broker
. Landlord and Tenant each represents and warrants to the other that Tenant is unrepresented in
this Lease transaction .. Likewise, Scheer Partners, Inc. is working on behalf of the landlord, and
Landlord has not employed any other broker in connection with this Lease transaction, except the broker
named in Section 1(a)(25). Said broker shall be paid a brokerage commission pursuant to a separate
agreement between Landlord and said broker, and Landlord and Tenant each shall indemnify and hold
harmless the other from and against any claims for brokerage or other commission arising by reason of a
breach by the indemnifying party of the aforesaid representation and warranty.
34. Miscellaneous Provisions.
(a) Governing Law. The laws of the state in which the Building is located shall

govern the validity, performance, and enforcement of this Lease.

(b) No Partnership. Nothing contained in this Lease shall be deemed or construed to
create a partnership or joint venture of or between Landlord and Tenant, or to create any other
relationship between the parties other than that of Landlord and Tenant.

(c) No Representations by Landlord. Neither Landlord nor any agent of Landlord has
made any representations or promises with respect to the Demised Premises or the Building except as
herein expressly set forth, and no rights, privileges, easements, or licenses are granted to Tenant except as
herein expressly set forth.

(d) Exhibits. It is agreed and understood that any Exhibits referred to herein and

attached hereto form an integral part of this Lease and are hereby incorporated by reference.

(e) Pronouns. Feminine or neuter pronouns shall be substituted for those of the
masculine form, and the plural shall be substituted for the singular number, in any place or places herein
in which the content may require such substitution or substitutions. Landlord and Tenant herein for
convenience have been referred to in the neuter form.

(f) Captions. All section and paragraph captions herein are for the convenience of

the parties only and neither limit nor amplify the provisions of this Lease.

(g) Landlord’s Approval. Whenever Landlord’s consent or approval is required
under the terms of this Lease, Landlord may grant or deny such consent or approval in its sole discretion
unless otherwise specified herein. Landlord’s consent shall not be unreasonably withheld or delayed.
(h) Invalidity of Particular Provisions. If any term or provision of this Lease or
applications thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the
remaining terms and provisions of this Lease, or the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not be affected
thereby, and each term and provision of this Lease shall be valid and enforced to the fullest extent
permitted by law.

(i) Covenants. The parties hereto agree that all provisions of this Lease are to be
construed as covenants and agreements as though the words importing such covenants and agreements
were used in each separate provision hereof.

(j) Interpretation. Although the printed provisions of this Lease were drawn by
Landlord, this Lease shall not be construed for or against Landlord or Tenant, but this Lease shall be
interpreted in accordance with the general tenor of the language in an effort to reach the intended result.
The deletion of any printed, typed, or other portion of this Lease, or any earlier draft of this Lease, shall
not evidence an intention to contradict such deleted portion. Such deleted portion shall be deemed never
to have been inserted in this Lease.

(k) Joint and Several Liability. If more than one natural person and/or entity shall
constitute Tenant or if Tenant is a general partnership or other entity, the partners, or members of which
are subject to personal liability, then the liability of each such person, entity, partner, or member shall be
joint and several.

(l) Counterparts. This Lease has been executed in several counterparts, but all
counterparts shall constitute one and the same legal document, and signatures transmitted by facsimile or
electronic means shall be deemed originals for all purposes.

(m) Recordation. Tenant shall not record among any public records this Lease and/or
its Exhibits or any short form of this Lease without Landlord’s prior written consent, which may be
granted or withheld in Landlord’s sole discretion.

(n) Entire Agreement; Modification. This Lease and all Exhibits hereto contain all
the agreements and conditions made between the parties and may not be modified orally or in any other
manner than by an agreement in writing, signed by the parties hereto.

(o) Authority. Landlord and Tenant hereby covenant each for itself, that each has full
right, power, and authority to enter into this Lease upon the terms and conditions herein set forth. If
Tenant signs as a corporation, each of the persons executing this Lease on behalf of Tenant does hereby
covenant and warrant that Tenant is a duly authorized and existing corporation, qualified to do business in
the jurisdiction in which the Demised Premises is located, that the corporation has full right and authority
to enter into this Lease, and that each and both of the persons signing on behalf of the corporation were
authorized to do so. If Tenant signs as a partnership or limited liability company, each of the persons
executing this Lease on behalf of Tenant does hereby covenant and warrant that Tenant is a duly formed
and validly existing partnership or limited liability company, as the case may be, that the partnership or
limited liability company has full right and authority to enter into this Lease, and that each of the persons
signing on behalf of the partnership or limited liability company were authorized to do so.

(p) Examination of Lease. Submission of this Lease for examination or signature by
Tenant shall not constitute reservation of or option for Lease, and the same shall not be effective as a
Lease or otherwise until execution and delivery by both Landlord and Tenant.

(q) Rule Against Perpetuities. If any interest created by this Lease has failed to vest
within twenty (20) years from the date of execution hereof, this Lease shall immediately terminate twenty
(20) years from the date first set forth hereinabove.

(r) Confidentiality. Tenant agrees to keep confidential all terms of this Lease, as well

as any and all discussions and/or negotiations with Landlord prior to and related to this Lease.
35. OFAC Certification.
(a) Certification. Tenant hereby certifies that: (i) it is not acting, directly or
indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the
United States Treasury Department as a terrorist, “Specially Designated National and Blocked Person,” or
other banned or blocked person, entity nation, or transaction pursuant to any law, order, rule, or regulation
that is enforced or administered by the Office of Foreign Assets Control; and (ii) it is not engaged in this
transaction, directly or indirectly on behalf of, or instigating or facilitating this transaction, directly or
indirectly on behalf of, any such person, group, entity, or nation.

(b) Indemnification. Tenant hereby agrees to defend, indemnify, and hold harmless
Landlord from and against any and all claims, damages, losses, risks, liabilities, and expenses (including
attorney’s fees and costs) arising from or related to any breach of the foregoing certification.
36. Binding Effect
. This Lease shall be binding upon and shall inure to the benefit of the parties hereto, and to the
heirs, executors, administrators, successors and permitted assigns of said parties. This provision shall not
be deemed to grant Tenant any right to assign this Lease or to sublet the Demised Premises.

[Signature Page Follows]

IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first
above written.
WITNESS/ATTEST: LANDLORD:
8701 Georgia LLC,
a Delaware liability company
By: 8701 Georgia, LLC,
as agent for the Landlord

By: (SEAL)
Stephanie Zimmerman, Authorized Person
Date:

WITNESS/ATTEST: TENANT:
Tress Hair Art,
A ______ Limited Liability Company

By: (SEAL)
Name:___________________________
Its:_______________________________
Date:

34
EXHIBIT A
RULES AND REGULATIONS

Tenant shall, and shall ensure that Tenant’s agents, servants, employees, invitees, and guests,
observe and perform the following rules and regulations, and such other reasonable rules and regulations
as Landlord may make, and which in Landlord’s sole judgment are appropriate for the general well-being,
safety, care and cleanliness of the Demised Premises and the Building and its related exterior
appurtenances, unless waived in writing by Landlord.

(a) The sidewalks, entries, passages, elevators, public corridors, stairways, and other
common areas of the Building shall not be obstructed or used for any other purpose than ingress and
egress. No signage shall be posted in common areas, suite doors or anywhere on the exterior of the
building without Landlord’s approval.

(b) Tenant shall not install or permit the installation of any drapes, curtains, awnings,
shades, Mylar films, sun filters, or the like, on or attached to windows without Landlord’s consent.
(c) All window blinds provided by Landlord shall be left down at all times.
(d) The doors from the corridors to the Demised Premises shall be kept closed during

business hours, except when being used for ingress or egress.

(e) Tenant shall not use or operate, within the Demised Premises or elsewhere in the
Building, any supplemental heating device with an exposed heating element (i.e., a space heater).
(f) Tenant shall not construct, maintain, use, or operate, within the Demised
Premises or elsewhere in the Building, any equipment or machinery which produces music, sound or
noise which is audible beyond the Demised Premises.

(g) Floor distribution boxes for electric and telephone wires shall remain accessible

at all times. Perimeter HVAC units shall always remain accessible for building maintenance.

(h) Bicycles, motor scooters or any other type of vehicle shall not be brought into the
lobby or elevators of the Building, or into the Demised Premises, or parked on the sidewalk or parking
spaces, except as required by law. Such vehicles will be allowed only in areas designated by Landlord.
(i) No animals (other than registered service animals) shall be permitted within the

Demised Premises or anywhere in the Building at any time.

(j) Tenant will not conduct any activity within the Demised Premises which will

create excessive traffic anywhere in the Building unless otherwise permitted by Landlord.

(k) Tenant shall not make any room-to-room solicitation of business from other
tenants in the Building and Tenant acknowledges that canvassing and peddling of any kind in the
Building are prohibited. Tenant shall not distribute any flyers or other advertising matter on automobiles
parked in the parking area.

(l) Immediately upon the sounding of the Building fire alarm, Tenant, its agents,

employees, and invitees shall use marked exits and exit stairways to evacuate the Building.

(m) Smoking of any tobacco product or electronic cigarettes is prohibited throughout

the entire Building, pursuant to the current established county regulations.

(n) Eating and drinking are prohibited in the common areas of the Building. Tenant

shall refrain from preparing any odorous food items.

(o) All moves must take place via the padded freight elevator and must be performed
outside standard building operating hours with at least forty-eight (48) hours prior notice to 8701 Georgia
LLC. A representative of 8701 Georgia LLC must be present during the move; if the move is conducted
before 6am and after 2:30 pm Monday through Friday, or anytime Saturday or Sunday, this will be a
billable charge at an overtime rate to be determined by the Landlord The moving company is required to
provide all floor and wall protection and shall be held responsible for any damages to the common areas,
main lobby or elevators in the Building which are a result of the move. Tenant shall remove all boxes and
debris from the Demised Premises. A current certificate of insurance must be provided to the Landlord
prior to the commencement of any move. All moves and large deliveries must be coordinated in advance
with the Building Property Manager.
Landlord shall in no event be liable to Tenant for its failure to enforce any rules or regulations or
for the breach of any rules or regulations by any other tenant of the Building.

36
EXHIBIT B
Landlord’s Work

Suite 814 Demo Plan:

Suite 814 Construction Plan and Layout:

 Landlord to install shampoo chairs and dryer chairs only.

 Tenant to provide all equipment, furniture, shelves, stations, barn doors and low-voltage
cabling/wiring.
 Landlord to open and expose ceiling (tech finish).
8/25/2022- Proposal Modifications as follows:
 Landlord to install Shampoo Chairs and Dryers.
 Landlord to install Barn Doors that Tenant will provide.
 Landlord to install stations that Tenant will provide.
 Landlord to install proper voltage necessary for salon equipment. Electrical circuits at each
station (30 Amps per station). Electrical circuits close to the waiting area, storage/beverage
center, break room, shampoo area and dryer area.
 Landlord to install flooring, exterior doors, and signage.
 Landlord to build storage closet in tenant’s rendering in the Demo Plan.

38
EXHIBIT C
Rent Payment Information

RENT PAYMENT INFORMATION

1. For ACH or WIRE- The Fastest and Most Secure option:
Wells Fargo Bank, N.A
San Francisco, CA
ABA #121000248
Acct #4399257807
Acct Name: 8701 Georgia LLC

Beneficiary Address: 1 Towne Sq STE 1913 Southfield, MI 48076-3733
2. Mail to our USPS lockbox address:

8701 Georgia LLC
P.O. Box 716327
Philadelphia, PA 19171-6327

Please address rent checks to 8701 Georgia LLC and send them to the address above, on or
before the 1st of every month. The lockbox only accepts first class mail (regular USPS), FedEx

and UPS must be sent to the overnight delivery address referenced below.
As of August 5 th , 2021, any payments dropped off to the management office or mailed to the
management office will NOT be delivered to the lockbox address! It is the tenant’s
responsibility to ensure payments are delivered properly and in a timely manner directly to
the bank lockbox by the specified date in the lease. The use of any mailing methods to send
payments has inherent risk, as mail can be stolen or lost. If mailed payments are not
delivered, lost, stolen, or for any other reason not delivered to our lockboxes within the
grace period specified in the lease agreement, late fees will be assessed.

Please refer to your lease agreement regarding late rent payments and grace periods.
1. For Overnight Delivery (FedEx, UPS)

Lockbox Services 716327
8701 Georgia LLC
MAC Y1372-045
401 Market Street
Philadelphia, PA

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