5A4 Sublease Agreement 103 W. Colfax (Haunt of Hounds) - Signed

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6 Taxes"), and the Parties acknowledge that Real Estate Taxes are subject to applicable assessments and may be increased or decreased during the Term or Extended Term depending on such assessments. The Parties further acknowledge that because of the uncertainty related to the amounts due yearly for Real Estate Taxes, the Rent to be paid hereunder after the First Rental Term may similarly increase or decrease accordingly. The obligations of Tenant hereunder with respect to the payment of Real Estate Taxes levied during the final year of the Term or Extended Term shall survive the Termination Date. 4.4. Common Expenses. (a)Payment. Tenant shall pay to Commission its pro rata share of the common expenses, as hereinafter defined, which share shall equal the amount of all Common Expenses multiplied by Tenant's pro rata share. Notwithstanding the foregoing, and as set out previously in Section 4.l(a), the Parties acknowledge that Common Expenses will be fixed in the following amount of One Thousand Dollars ($1,000). (b)Common Expenses. “Common Expenses” shall mean all costs and expenses of every kind or nature paid or incurred by Commission during the Term or Extended Term in operating, managing and servicing the Building, including, without limitation: (i) reasonable and customary management fees; (ii) wages, salaries and benefits of maintenance personnel (not to exceed the amount fairly and equitably allocated to the Building); (iii) charges under maintenance contracts; (iv) costs and expenses to perform or provide maintenance or repairs and to satisfy Commission's obligation to operate, maintain and insure the Common Areas under this Sublease; (v) sewer, water and storm water drainage charges attributable to the Common Areas; (vi) costs for signage located in the Common Areas, including, without limitation, costs for light bulbs and electricity, and costs incurred with respect to any exterior sign for the Building; (vii) costs and expenses to provide light, heat, air conditioning and ventilation for the Common Areas; (viii) exterior building maintenance which is not of a structural or roof repair nature; and (ix) alley maintenance and sidewalk cleaning, including snow and ice shoveling. ARTICLE V MAINTENANCE AND REPAIRS TO THE PREMISES 5.1. Commission Maintenance and Repairs. Commission shall, at its expense: (a) keep the foundations and roof of the Premises in good order, repair and condition; and (b) maintain the exterior walls of the Premises in a structurally sound condition, except to the extent that there is damage caused by any act or omission of Tenant or its employees, agents, contractors, invitees or licensees, and (c) replace window glass that may be damaged or broken with glass of the same or substantially similar quality, except to the extent that any damage or breakage is caused by any act or omission of Tenant or its employees, agents, contractors, invitees or licensees. Commission shall be responsible for the replacement and maintenance of all heating, ventilating, and cooling equipment and systems serving the Premises (the “HVAC Systems”); provided, however, that Commission may bill Tenant for such replacement if Commission's consultant determines with reasonable certainty that the need to replace the HVAC Systems was as a result of Tenant's misuse of it or Tenant's failure to notify the Commission of its malfunctioning. Except as provided in this