6.F.(1) Sub-Sublease with Kite Realty Eddy Street Garage

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Section 1.2. ACCEPTANCI? OP TIIE DEMISED PREMISES. "Tenant accepts the Demised Premises in its "AS IS WHERE IS" condition. Except as expressly provided otherwise in this Lease, Landlord makes no, and Landlord expressly disclaims any, representations or warranties, express or implied, regarding the Demised Premises, including but not limited to the habitability, merchantability, fitness or suitability of the Demised Premises far Tenant's intended use, hazardous materials in, on or under the Demised Premises, or zoning, entitlements or any laws, ordinances. regulations or covenants and resh•ictions which may apply to Tenant's use of the Demised Premises. Section 1.3. PERMI"I~TED EXCEPTIONS. 'Tenant's interest in and right to use the Demised Premises is and shall be subject to all of the following: (A) all easements, restrictions, liens, encumbrances, rights-of-way or other matters of record affecting the Demised Premises (the "Property llocuments"); (B) all matters that would be disclosed by an accurate survey or physical inspection of the Demised Premises; and (C) all present and future ordinances, laws, regulations and orders of all boards, bureaus, commissions and bodies of any municipal, county, state or federal government uow or hereafta~ having or acquiring jurisdiction of the Demised Premises. Section 1.4. PERMITTED USES. Tenant shall have the right to use the Demised Premises for the operation and maintenance of the Parking Garage, and for ancillary uses in connection therewith, but for no other use without the prior written consent of Landlord. In no event shall the Demised Premises be used for any noxious or hazardous business or any unlawful purpose or for any purpose which could invalidate the insurance herein required. ARTICLE II. DEMISED TERM "The term of this Lease shall be for a period commencing on the first to occur of (a) the date that the construction of the Parking Garage is complete, or (b) the date selected by Tenant (the "Commencement Datc") and expiring on the first to occur of (i) February I5, 2033, (ii) the date upon which all outstanding Bonds have been redeemed, or (iii) the date upon which the Master Lease and/or the Sublease expires or is terminated (the "Demised Tcrm"). The covenants, undertakings and agreements of Landlord that as by their nature or under the circumstances can only be or may be performed after the expiration or termination of the Demised Tcrm, including without limitation those set forth in Article VII of this Lease, shall survive the expiration or termination of the Demised Tcrm. ARTICI_,E III. RENT AND IMPOSI7~IONS Section 3.1. BASIC REN"T. Tenant agrees to pay to Landlord, without deduction or demand, basic rent for the Demised Term in the amount of One Dollar and No/100 ($1.00). -2-