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<br />Confidential Page 2 of 12 11/18/2024
<br />City of South Bend Modified Gross Lease @ Key Bank Building The Hinman Company
<br />first day of each calendar month during the term of this Lease ("Lease Term"). If the Lease Term shall commence on a day other than the
<br />first day of a calendar month, Tenant shall be responsible for Base Rent and Additional Rent for such fractional month. Base Rent and
<br />Additional Rent are collectively referred to as "Rent". Unless otherwise specifically provided for herein, all sums shall be paid to Landlord
<br />at the address set forth in the Basic Lease Provisions.
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<br /> (b) Additional Rent: The following, together with any other charge or expense payable by Tenant under this Lease, shall
<br />constitute Additional Rent to be paid by Tenant without setoff or deduction pursuant to this Lease:
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<br /> (c) Additional Rent: The following, together with any other charge or expense payable by Tenant under this Lease, shall
<br />constitute Additional Rent to be paid by Tenant without setoff or deduction pursuant to this Lease:
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<br /> (i) Personal Property Taxes: Unless Tenant is exempt from such tax, Tenant shall pay all personal property taxes
<br />levied against any of Tenant’s equipment, fixtures, or personal property located at the Leased Premises.
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<br /> (ii) Utilities: Landlord shall pay all reasonable charges for electricity, natural gas, water, sewer. Landlord shall
<br />have no responsibility for telephone related services and makes no representations or warranties as to the condition of the
<br />Leased Premises utility services. If Tenant's operation or use calls for additional utility service above what is provided by
<br />Landlord, Tenant shall be solely responsible for the cost of any additional work required to achieve such service. Tenant
<br />shall not be entitled to any Rent abatement for loss or interruption of utility service due to circumstances beyond Landlord’s
<br />reasonable control.
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<br /> (iii) Janitorial: Tenant shall pay for janitorial services to the Leased Premises.
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<br />(d) Insufficient Funds, Special Payment Provisions, and Late Fees: If Tenant makes any Rent to Landlord by a check which is returned
<br />to Landlord's bank due to insufficient or uncollectible funds in Tenant's account, Tenant agrees to pay Landlord the sum of One
<br />Hundred ($100.00) Dollars per check as a service charge. This service charge will be due as Additional Rent and shall be paid on
<br />the first day of the next month, together with Tenant's regular monthly rent payment. In addition, Tenant will provide Landlord
<br />with a replacement check in the form of a certified check, cashier's check, or money order. All future Lease obligation payments
<br />to be made by Tenant during the Lease Term shall be made by certified check, cashier's check, or money order. Landlord does
<br />not acknowledge post-dated checks. All checks are presented for payment the same day as received. Any check received when
<br />due, but that is postdated for after the due date, will be subject to a Late Fee. In any leap year, the monthly installment of Base
<br />Rent for the February in question shall be increased by an amount equal to one-thirtieth (1/30th) of the monthly rental in effect on
<br />February 29 of the year and month in question. If Rent is not paid within five (5) days of when due, Tenant shall pay a Late Fee
<br />of the greater of five percent (5%) of each delinquent installment or One Hundred ($100.00) Dollars. The parties agree to work
<br />together in the application of Tenant's payments to the various Rents and other lease charges accruing pursuant to this Lease;
<br />provided, however, that Landlord reserves the right, in its sole discretion, to apply payments as it may choose.
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<br />(e) Tenant’s obligation to make Rent payments under this Lease is subject to the annual appropriation of funds by its fiscal body, as
<br />required by Indiana law. However, Tenant agrees to take all necessary actions to include the required funds for Rent and other
<br />obligations under this Lease in its budget request submitted to its fiscal body each year and to use its best efforts to secure such
<br />appropriations. In the event that sufficient funds are not appropriated to satisfy Tenant’s payment obligations for any future fiscal
<br />year, Tenant shall promptly notify Landlord in writing, specifying the circumstances and efforts taken to secure the appropriation,
<br />and shall work cooperatively with Landlord to explore alternative funding sources, including but not limited to emergency or
<br />contingency funds. Should Tenant fail to secure the necessary appropriation in any year, and such failure results in nonpayment
<br />under this Lease, Landlord shall have the right, in its sole discretion, to terminate this Lease upon thirty (30) days’ written notice
<br />to Tenant, with Tenant remaining liable for all obligations due and owing up to the effective date of termination and vacating the
<br />Leased Premises by such date. Tenant acknowledges that the failure to appropriate funds could cause significant hardship to
<br />Landlord, and therefore agrees to use commercially reasonable efforts to mitigate the impact of any non-appropriation, including
<br />notifying Landlord at the earliest possible time of any anticipated funding issues and assisting in a smooth transition if relocation
<br />becomes necessary. Furthermore, Tenant covenants and agrees to act in good faith regarding its payment obligations under this
<br />Lease, and its fiscal body shall not withhold appropriations for Rent payments hereunder for the purpose of evading its
<br />responsibilities under this Lease, as any such action will be considered a material breach of Tenant’s obligations.
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<br />4. Tenant's Use. Tenant shall only use the Leased Premises for the Use set forth in the Basic Lease Provisions outlined in
<br />Section 1. above. Tenant shall not use the Leased Premises for any purpose that violates any Building Rules and Regulations or would
<br />violate any laws applicable to the Property. Tenant further agrees not to perform any acts or be a nuisance, disturbance, or menace to
<br />the other tenants of the Building. Tenant's use shall not be noxious, offensive, morally irresponsible, or violate any applicable laws,
<br />rules, ordinances, regulations, permits, approvals, or exclusive use provisions, if any, that benefit other tenants. Tenant further agrees
<br />that the Leased Premises will not be used for purposes or uses commonly known as adult bookstores, adult movie houses, X-rated
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