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<br />ARTICLE II
<br />PREMISES
<br />2.1. Premises. Commission, in consideration of the Rent, as defined in Section 4.1, to
<br />be paid and the covenants to be performed by Tenant, hereby leases to Tenant, and Tenant hereby
<br />leases from Commission, that certain Premises located in the Building and described in Exhibit B,
<br />subject to the terms and conditions of this Sublease. Commission reserves the right, with respect
<br />to the Building, to modify, increase or decrease the number, location, dimension, size, and height of
<br />other premises within the Building and other improvements in the Building; and the identity and
<br />type of other tenants of the Building. Tenant's interest in the Premises is and shall be subject to all
<br />easements, restrictions, liens, encumbrances, rights-of-way, or other matters now or hereafter of
<br />record affecting the Premises or the Building.
<br />2.2. Common Areas. Tenant shall have the right, in common with all other tenants in
<br />the Building, to use the areas in and around the Building designated by Commission from time to
<br />time as common areas (the “Common Areas”). Commission shall operate, maintain and ensure the
<br />Common Areas for their intended purposes in such a manner as Commission shall determine to be
<br />necessary or appropriate, including, without limitation, that Commission at any time may close or
<br />change any part of the Common Areas as Commission determines to be necessary or appropriate.
<br />Tenant understands that Commission does not control the sidewalks located in the Michigan Street
<br />and Colfax Avenue right of way. Tenant shall be required to file any request for use of a portion
<br />of the sidewalk area for outdoor seating with the South Bend Board of Public Works, and shall
<br />comply with any laws, regulations, or other restrictions applicable to the sidewalk area outdoor
<br />seating, including but not limited to the Americans with Disabilities Act (ADA).
<br />2.3. Quiet Enjoyment. Commission warrants that it has full right and authority to enter
<br />into this Sublease, subject to all easements, restrictions, liens, encumbrances, rights-of-way and
<br />other matters of record. Commission agrees that if Tenant observes all of the terms and conditions
<br />of, and performs all of its obligations under, this Sublease, then, at all times during the Term, subject
<br />to the terms and conditions of this Sublease, Tenant shall have the peaceful and quiet enjoyment of
<br />possession of the Premises, without any manner of hindrance from Parties claiming under, by, or
<br />through Commission.
<br />ARTICLE III
<br />TERM
<br />3.1. Term. The term of this Sublease will commence on the Effective Date and end on
<br />that date that is three (3) Lease Years after the Effective Date, unless earlier terminated in
<br />accordance with the provisions of this Sublease (the “Termination Date”). A “Lease Year” shall
<br />mean each period of twelve (12) consecutive full months, beginning on the Effective Date (such
<br />that if the Commencement Date is not the first day of a calendar month, then the first Lease Year
<br />shall begin on the first day of the first calendar month following the Commencement Date, and
<br />any partial month in which the Commencement Date occurs will be included within the first Lease
<br />Year).
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