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<br />(i)
<br />The Building:
<br />St. Joseph/Wayne Parking Garage, commonly referred
<br />Initial Term
<br />to as 121 E. Wayne Street, South Bend, Indiana, as more
<br />1 -8 $5.00
<br />$14,220.00
<br />particularly described in Exhibit A, attached hereto and
<br />9 -20 $6.00
<br />$17,064.00
<br />made a part hereof, and depicted in Exhibit B, attached
<br />21 -32 $7.00
<br />$19,908.00
<br />hereto and made a part hereof.
<br />(j)
<br />Effective Date:
<br />The date of last execution hereof by Landlord or Tenant.
<br />(k)
<br />Delivery Datc:
<br />The date to which possession is delivered to the Tenant
<br />The Base Rent for any Lease Month during an Extended Term (or extension of the Initial Term) shall be the greater
<br />of $9.00 per square foot or the prevailing market rate for space similar to the Premises as determined
<br />as determined in Section 4.1.
<br />(1)
<br />Commencement Date:
<br />The date on which the "Initial Term" commences as
<br />determined in Section 3.1.
<br />(m)
<br />Landlord's Work Completion Date.
<br />The date on which the Landlord substantially completes
<br />the Landlord's Work as determined in Section 4.1.
<br />1.2. Base Rent:
<br />Lease Month PSF
<br />Annual Calculation
<br />Monthly
<br />Initial Term
<br />1 -8 $5.00
<br />$14,220.00
<br />$1,185.00
<br />9 -20 $6.00
<br />$17,064.00
<br />$1,422.00
<br />21 -32 $7.00
<br />$19,908.00
<br />$1,659.00
<br />33-44 $8.00
<br />$22,752.00
<br />$1,896.00
<br />45-60 $9.00
<br />$25,596.00
<br />$2,133.00
<br />The Base Rent for any Lease Month during an Extended Term (or extension of the Initial Term) shall be the greater
<br />of $9.00 per square foot or the prevailing market rate for space similar to the Premises as determined
<br />by an
<br />independent appraiser.
<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 the Landlord and all other tenants in
<br />the Building, to use the areas in and around the Building designated by Landlord from time to time as common
<br />areas, including, without limitation, the sidewalks, the west alley way, washrooms and the refuse area (the
<br />"Common Areas "), subject to the rules and instructions set forth by the Landlord from time to time. Landlord shall
<br />operate the Common Areas for their intended purposes in such a manner as Landlord shall determine to be necessary
<br />or appropriate, including, without limitation, that Landlord at any time may close or change any part of the Common
<br />Areas as it determines to be necessary or appropriate. Notwithstanding the foregoing, Tenant shall be responsible
<br />for (i) operating and maintaining the washrooms, (ii) snow and ice removal, window washing, awning maintenance
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