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11-14-13
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1/13/2014 12:19:17 PM
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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 or Permitted <br />Transferee may renew this Lease and extend the Initial Term hereof for two (2) additional periods of five (5) years <br />each ( "Extended Term'), on the same terms and provisions as provided in this Lease, except that the Rent due in <br />each Extended Term shall be the amount set forth in Section 1.2, with delivery of written notice of the exercise of <br />such option not later than one hundred and eighty (180) days before the expiration of the Initial Term or Extended <br />Term of this Lease. If Tenant fails to exercise its option to extend the Term hereof in the time periods set forth in <br />this Section 3.2, all such options to extend shall immediately terminate and have no further force or effect, without <br />farther notice from Landlord. Any reference in this Lease to the "Term" shall mean the Initial Term and as it may be <br />extended pursuant to this Section 3.2. <br />3.3. Holdin 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 />4.1. Landlord's Work. Landlord shall perform the work described in Exhibit D, attached hereto and <br />made a part hereof (the "Landlord's Work") substantially in accordance with the plans and specifications for <br />Landlord's Work, as such plans and specifications may be modified by Landlord as appropriate to complete <br />Landlord's Work (the "Plans "). <br />4.2. Tenant's Work. Landlord shall deliver the Premises "as -is ". All work required for Tenant to open <br />and operate in the Premises under the Tenant's Use as outlined in Section 1.1(c) shall be at Tenant's sole cost and <br />expense. <br />(a) Plans. Within sixty (60) days after the Effective Date, Tenant shall submit to Landlord two (2) <br />copies of the complete plans and specifications (the "Tenant's Plans ") for the work Tenant deems necessary to <br />prepare the Premises for occupancy by the Tenant (the "Tenant's Work"). Within fifteen (15) days after Landlord's <br />receipt of Tenant's Plans, Landlord shall notify Tenant of any failures of the Tenant's Plans to meet with Landlord's <br />approval. Tenant shall, within ten (10) days after receipt of any such notice, cause the Tenant's Plans to be revised <br />to the extent necessary to obtain Landlord's approval and to be resubmitted for Landlord's approval. When <br />Landlord has approved the original or revised Tenant's Plans, Landlord shall initial and return one (1) set of <br />approved Tenant's Plans (the "Approved Plans ") to Tenant. Tenant shall not commence Tenant's Work until <br />Landlord has approved Tenant's Plans, which approval shall not be unreasonably withheld. <br />Landlord's review and approval of Tenant's Plans shall not be deemed to be an assumption of <br />responsibility by Landlord for the accuracy, sufficiency or propriety of Tenant's Plans, pursuant to applicable laws, <br />rules, ordinances or regulations. If the Approved Plans are changed as a result of conditions placed on Tenant as a <br />prerequisite to obtaining a permit, Tenant shall submit such changes to Landlord for approval, and Tenant shall not <br />proceed farther with the affected portions of Tenant's Work until Landlord has approved the changes. Such changes <br />as are approved by Landlord shall become part of the Approved Plans. <br />
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