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particularly described in Exhibit A, and depicted in
<br />Exhibit B, each attached hereto and made a part hereof.
<br />(j) Effective Date: The date of last execution hereof by Landlord or Tenant.
<br />(k) Commencement Date: The date on which the "Initial Term" commences as
<br />determined in Section 3.1.
<br />1.2. Base Rent.
<br />Years I - 5
<br />$8.00 per s . ft.
<br />Years 6 - 10
<br />$10.00 per s . ft.
<br />Years 11 - 15
<br />$12.50 per sq. ft.
<br />ARTICLE II.
<br />PREMISES.
<br />2.1. Premises. Landlord is the owner of the Building. Landlord, in consideration of the Rent, as
<br />hereinafter defined, to be paid and the covenants to be performed by Tenant, hereby leases to Tenant, and Tenant
<br />hereby leases from Landlord, that certain premises located in the Building and depicted on Exhibit C (the
<br />"Premises "), subject to the terms and conditions of this Lease. Landlord reserves the right, with respect to the
<br />Building, to modify, increase or decrease the number, location, dimension, size, and height of other premises within
<br />the Building and other improvements in the Building so long as it does not affect Tenant's visibility, access, and
<br />parking; and the identity and type of other tenants of the Building. Tenant's interest in the Premises is and shall be
<br />subject to all easements, restrictions, liens, encumbrances, rights -of -way, or other matters now or hereafter of record
<br />affecting the Premises or the Building.
<br />2.2. Common Areas. Tenant shall have the right, in common with all other tenants in the Building, to
<br />use the areas in and around the Building designated by Landlord from time to time as common areas, including,
<br />without limitation, hallways, stairs, elevators, sidewalks, interior drives, parking areas and green areas (the
<br />"Common Areas "), as hereinafter defined. Landlord shall operate, maintain and insure the Common Areas for their
<br />intended purposes in such a manner as Landlord shall determine to be necessary or appropriate, including, without
<br />limitation, that Landlord at any time may close or change any part of the Common Areas as Landlord determines to
<br />be necessary or appropriate. Tenant understands that Landlord does not control the sidewalks located in the
<br />Michigan Street right of way. Tenant shall be required to file any request for use of a portion of the sidewalk area
<br />for outdoor seating with the South Bend Board of Public Works. Landlord will not oppose such request.
<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 peaceful 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 be the Effective Date. The Initial Term shall end
<br />on that date which is Five (5) Lease Years after the Commencement Date, unless earlier terminated in accordance
<br />with the provisions of this Lease (the "Termination Date " l. Tenant hereby covenants that within five (5) days after
<br />the Commencement Date, it shall execute a Commencement Certificate and deliver it to Landlord.
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