r
<br />All
<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.
<br />3.1. Initial Term. The "Commencement Date" shall commence on the Effective Date, estimated to be
<br />June 1, 2011. The Initial Term shall end on that date which is One (1) Lease Year after the Commencement Date,
<br />unless earlier terminated in accordance with the provisions of this Lease (the "Termination Date "). Tenant hereby
<br />covenants that within five (5) days after the Gemmeneement Date, it shall emeetite the Gemmeneement Cef4ifieate
<br />a�taehed hefete as Exhibit E and made a paf4 hereof-, and deliver it te .
<br />3.2. Extension Options. Provided that no Event of Default, as hereinafter defined, or any facts which
<br />with the giving of notice or passage of time, or both, would constitute an Event of Default, exists at the time of the
<br />exercise of any option to extend the Term hereof or exists at the end of the Initial Term, Tenant may renew this
<br />Lease and extend the Initial Term hereof for one (1) additional period of one (1) year ( "Extended Term "), on the
<br />same terms and provisions as provided in this Lease, except that the Rent due in such Extended Term shall be subject
<br />to negotiation and shall not be less than eight hundred sixty seven and 45/100 ($867.45) dollars per month, with
<br />delivery of written notice of the exercise of such option not later than one hundred and eighty (180) days before the
<br />expiration of the Initial Term of this Lease. If Tenant fails to exercise its option to extend the Term hereof in the
<br />time periods set forth in this Section 3.2, all such option to extend shall immediately terminate and have no further
<br />force or effect, without further notice from Landlord. Any reference in this Lease to the "Term" shall mean the
<br />Initial Term as it may be extended pursuant to this Section 3.2.
<br />3.3. Holdinp, Over. If Tenant fails to surrender the Premises upon the expiration of the Term or earlier
<br />termination of the Lease (it being agreed that Tenant shall not be permitted to so hold over without Landlord's
<br />written consent), Tenant shall pay Landlord for each day of such holding over a sum equal to one hundred and
<br />twenty-five percent (125 %) of the Rent payable during the preceding Lease Year prorated for the number of days for
<br />such holding over, plus Tenant's Pro Rata Share of all other amounts which Tenant would have been required to pay
<br />hereunder had this Lease been in effect (the "Holdover Rent "). If Tenant holds over without Landlord's written
<br />consent for a period in excess of thirty (30) days without any action from Landlord to dispossess Tenant, Tenant
<br />shall be deemed to occupy the Premises on a tenancy from month -to -month at the Holdover Rent, and all other terms
<br />and provisions of this Lease shall be applicable to such period. At any time, either party may terminate such tenancy
<br />from month -to -month upon written notice delivered to the other party at least thirty (30) days in advance. Tenant
<br />hereby waives any and all notice to which Tenant may otherwise be entitled under the laws of the State of Indiana
<br />(the "State ") as a prerequisite to a suit against Tenant for unlawful detention or possession of the Premises. Tenant
<br />shall Indemnify, as hereinafter defined, Landlord from any Loss, as hereinafter defined, resulting from such hold
<br />over, including without limitation any liability incurred by Landlord to any succeeding tenant of the Premises.
<br />ARTICLE IV.
<br />CONSTRUCTION
<br />4.1. Landlord's Work. Intentionally Omitted. bandl fd shall PeFf ..., the . OFk aosr.Fibe, in n ,h;h:+ n
<br />attaelied hereto and made a part heFeef (the "LandleFd's W-Ek") substantiaNy in aeoerdanee with the plans and
<br />, as sueh plans and speeifirations may be modified by Landlord as appFepFiate to
<br />eemplete Landlord's Work (the ,> "DeliveEy Date" Landlord's
<br />list" substantially oemplete in araeordanee with the Plans, subjeet to delineated "puneh list!' items tha4 do Mt ffffeflt
<br />Tenant ffem tising the Wefflises for- the puFpose ofi (a) eendueting its normal business epeFations; er (b) completing
<br />Tenant's Wer ",s; hereina;fi�_r defined. On the Delivery Date, Tenant shall have Ul ereetipaney ef the WeFflises,
<br />subjeet to all ef the terms and renditions of this Lease. Landler-d shall raer-rerst any "punrah items within sixty
<br />(60) days aftef the Delivef�, Dew-,
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