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particularly described in Exhibit A, and depicted in
<br />Exhibit B, each attached hereto and made a part hereof.
<br />(j) Effective Date: The date of last execution hereof by Landlord or Tenant.
<br />(k) Delivery Date: The date to which possession is delivered to the Tenant
<br />as detenllined in Section 4.1.
<br />(1) Commencement Date: The date on which the "Initial Term" commences as
<br />determined in Section 3.1.
<br />1.2. Modified Gross Rent. Modified Gross Rent ("MGR") includes the Basic Rent plus the estimated
<br />Additional Rent charges of $5.26 per square foot per year:
<br />Lease Year Per Sq. Foot Annual Monthly
<br />Initial Term Basic Rent -MGR MGR MGR
<br />2 Months 0.00 N/A 0.00
<br />1 $ 4.14 - $ 9.40 $14,400.00 $1,200.00
<br />2 $ 4.96 - $ 10.19 $15,600.00 $1,300.00
<br />3 $ 5.71 - $ 10.97 $16,800.00 $1,400.00
<br />Modified Gross Rent for any Extended Term shall be subject to negotiation between the parties.
<br />ARTICLE II.
<br />PREMISES.
<br />2.1. Premises. Landlord is the owner of the Building. Landlord, in consideration of the Rent, as
<br />hereinafter defined, to be paid and the covenants to be performed by Tenant, hereby leases to Tenant, and Tenant
<br />hereby leases from Landlord, that certain premises located in the Building and depicted on Exhibit C (the
<br />"Premises"), subject to the terms and conditions of this Lease. Landlord reserves the right, with respect to the
<br />Building, to modify, increase or decrease: the number, location, dimension, size, and height of buildings and other
<br />improvements in the Building; and the identity and type of other tenants. Tenant's interest in the Premises is and
<br />shall be subject to all easements, restrictions, liens, encumbrances, rights-of--way, or other matters now or hereafter
<br />of record affecting the Premises or the Building.
<br />2.2. Common Areas. Tenant shall have the right, in common with all other tenants in the Building, to
<br />use the areas in and around the Building designated by Landlord from time to time as common areas, including,
<br />without limitation, hallways, stairs, elevators, sidewalks, interior drives, parking areas and green areas (the
<br />"Common Areas"), subject to the Rules, as hereinafter defined. Landlord shall operate, maintain and insure the
<br />Common Areas for their intended purposes in such a manner as Landlord shall determine to be necessary or
<br />appropriate, including, without limitation, that Landlord at any time may close or change any part of the Common
<br />Areas as Landlord determines to be necessary or appropriate. Tenant understands that Landlord does not control the
<br />sidewalks located in the Michigan Street right of way. Tenant will file its request with the South Bend Board of
<br />Public Works for use of a portion of the sidewalk area for outdoor seating. Landlord will not oppose such request.
<br />2.3. Quiet Enjoyment. Landlord warrants that it is the owner in fee simple of the Building, and that it
<br />has full right and authority to enter into this Lease, subject to all easements, restrictions, liens, encumbrances, rights-
<br />of-way and other matters of record. Landlord agrees that if Tenant observes all of the terms and conditions of, and
<br />performs all of its obligations under, this Lease, then, at all times during the Term, subject to the terms and
<br />conditions of this Lease, Tenant shall have the peaceable and quiet enjoyment of possession of the Premises, without
<br />any manner of hindrance from parties claiming under, by, or through Landlord.
<br />ARTICLE III.
<br />TERM.
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