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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 thirty (30) days after the Effective
<br />Date, estimated to be August 25, 2011. The Initial Term shall end on that date which is Three (3) Lease Years after
<br />the Commencement Date, unless earlier terminated in accordance with the provisions of this Lease (the
<br />"Termination Date "). Tenant hereby covenants that within five (5) days after the Commencement Date, it shall
<br />execute the Commencement Certificate attached hereto as Exhibit F and made a part hereof, and deliver it to
<br />Landlord.
<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 three (3) years ( "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, with delivery of written notice of the exercise of such option not later than one hundred and eighty
<br />(180) days before the expiration of the Initial Term of this Lease. If Tenant fails to exercise its option to extend the
<br />Term hereof in the time periods set forth in this Section 3.2, all such option to extend shall immediately terminate
<br />and have no further force or effect, without further notice from Landlord. Any reference in this Lease to the "Term"
<br />shall mean the Initial Term as it may be extended pursuant to this Section 3.2.
<br />3.3. Holding 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. ,
<br />at4ached hereto and made a paft hereof (the "Landlord's W@EW') substantially in accer-damee with the plans and
<br />speeifieations for- Landlord's WaFIE, as sueh plans and speeifioations may be medified by Landlord as appropriate to
<br />eemplete Landler-d's Work (the "F4@1]fi"). The "Qelivev�, Date" shall be the date upon which Landlord's WME is
<br />substantially eemplete in aecer-dance with the Plans, subjeet to delineated "puneh list" items that do not pr-event
<br />Tenant from using the Premises for- the purpose 4 (a) eendueting its neFmal business
<br />Tenant's WME, as her-einafter- defined. On the Delivefy Date, Tena ;411 havi.. full eellpaney of the subjeet to all of the terms and eenditions of this Lease. LandleFd shall eofFeet an), "puneh list" items within sixty
<br />(60) days after- the Pelivef-y Date.
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