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approval. Tenant shall, within ten (10) days after receipt of any such notice, cause the Tenant's Plans to be revised
<br />to the extent necessary to obtain Landlord's approval and to be resubmitted for Landlord's approval. When
<br />Landlord has approved the original or revised Tenant's Plans, Landlord shall initial and return one (1) set of
<br />approved Tenant's Plans (the "Approved Plans") to Tenant. Tenant shall not commence Tenant's Work until
<br />Landlord has approved Tenant's Plans, which approval shall not be unreasonably withheld.
<br />Landlord's review and approval of Tenant's Plans shall not be deemed to be an assumption of
<br />responsibility by Landlord for the accuracy, sufficiency or propriety of Tenant's Plans, pursuant to applicable laws,
<br />rules, ordinances or regulations. If the Approved Plans are changed as a result of conditions placed on Tenant as a
<br />prerequisite to obtaining a permit, Tenant shall submit such changes to Landlord for approval, and Tenant shall not
<br />proceed further with the affected portions of Tenant's Work until Landlord has approved the changes. Such changes
<br />as are approved by Landlord shall become part of the Approved Plans.
<br />(b) Performance. Tenant shall, in a manner consistent with the Approved Plans: (i) install its
<br />leasehold improvements, trade fixtures and equipment; and (ii) complete all other Tenant's Work. Prior to
<br />performing Tenant's Work, Tenant shall: (i) obtain all permits, licenses and approvals required for Tenant to
<br />perform Tenant's Work; and (ii) deliver to Landlord: (a) copies of such permits, licenses and approvals; and (b)
<br />evidence reasonably satisfactory to Landlord that Tenant has procured workers' compensation, builder's risk,
<br />general liability, and personal and property damage insurance as Landlord reasonably may require. Tenant shall: (i)
<br />perform Tenant's Work: (a) in accordance with the Approved Plans and all permits, licenses and approvals; and (b)
<br />in a good and workmanlike manner and in compliance with all applicable laws, statutes, and/or ordinances and any
<br />applicable governmental rules, regulations, guidelines, orders, and/or decrees (the "Laws"); (ii) ensure that all
<br />contractors, subcontractors, laborers and suppliers performing work or supplying materials are paid in full; and (iii)
<br />observe and perform all of its obligations under this Lease (except its obligation to pay Rent) at all times after the
<br />Delivery Date through the Commencement Date.
<br />(c) Reserved.
<br />ARTICLE V.
<br />RENT.
<br />5.1. Rent. Commencing Sixty (60) days after the Commencement Date, Tenant shall pay to Landlord,
<br />in lawful United States currency without notice, demand, deduction, set-off; counterclaim or recoupment, and
<br />without relief from valuation or appraisement laws, the Modified Gross Rent, as set forth in Section 1.2, which
<br />includes the Basic Rent plus the Additional Rent charges (as herein defined) (collectively, the "Modified Gross
<br />Rent"), together with any sales, use, or other taxes assessed thereon for the use and occupancy of the Premises.
<br />Modified Gross Rent shall be paid in equal monthly installments commencing as provided herein and thereafter
<br />during the entire Term or Extended Term on or before the first day of each calendar month, in advance. Tenant's
<br />obligations under this Section 5.1 shall survive the Termination Date.
<br />5.2. Additional Rent. Commencing as provided in Section 5.1, Tenant shall pay to Landlord, as
<br />additional rent (the "Additional Rent"), all other sums, charges, and payments required to be paid by Tenant to
<br />Landlord under this Lease, whether or not the same are designated as Additional Rent including, but not limited to,
<br />Tenant's Pro Rata Share of the Center Expenses, as defined in Section 5.7(a). If any sum or charge is not paid at the
<br />time provided in this Lease, then it shall be collectible as Additional Rent with the next monthly installment of Basic
<br />Rent; provided that nothing contained herein shall be deemed to suspend or delay the payment of such sum or
<br />charge, or to limit any right or remedy of Landlord with respect to its nonpayment.
<br />5.3. Late Charge. Any amount of Modified Gross Rent that is overdue shall bear interest at the lesser
<br />of: (a) the maximum rate payable by Tenant under State law; or (b) the rate of eighteen percent (18%) per annum
<br />from the date when such amount is due and payable under this Lease until the date paid. If any amount of Modified
<br />Gross Rent is paid more than five (5) days after its due date, then Landlord shall be entitled to a late payment fee of
<br />One Hundred Dollars ($100.00) in addition to the interest charge set forth in this Section 5.3.
<br />5.4. Common Expenses.
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