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a fixture which is the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the <br /> termination of this Lease,without disturbance, molestation or injury. During the term of this Lease, the Tenant shall not remove or <br /> damage the above described improvements and fixtures without the written consent of the Landlord. <br /> ARTICLE III—TERM <br /> SECTION 3.1. THE TERM. The term of this Lease is for a period of Forty (40) months, commencing on November 1, 2014, <br /> hereinafter referred to as the"Term". The Term shall end at 11:59 p.m.,Eastern Standard Time,on March 31,2018,unless renewed as <br /> provided herein. Tenant shall have an option to renew the Lease for an additional thirty-six(36) month term(the"Renewal Term"). <br /> SECTION 3.2. SHORT FORM LEASE. The parties agree that this Lease shall not be recorded,but upon the request of either party, <br /> a Short Form Lease,prepared by Landlord,describing the Premises,the Building,the terms and the names and addresses of Tenant and <br /> Landlord,shall be promptly executed,acknowledged and delivered. The Short Form Lease may be recorded. <br /> ARTICLE IV—RENT <br /> SECTION 4.1. COVENANT. Tenant agrees that it will pay,without relief from valuation or appraisement laws,a rental for the <br /> Premises to the Landlord,at 221 N.Michigan Street,South Bend,Indiana 46601 Attn: Dennis Andres,or such other place as the Landlord <br /> may from time to time specify in writing,all as hereinafter provided. <br /> SECTION 4.2. RENT Tenant shall commence payment of Rent together with CAM(as defined herein)on the first day of the fifth <br /> (5th)month of the Term. Landlord shall provide Tenant with free possession for the first four(4)months of the Term. Beginning on the <br /> first day of the fifth(5th)month of the Term,and continuing to the end of the Term,Tenant agrees to pay to Landlord monthly Rent in the <br /> amount of Three Thousand Four Hundred Eighty One and no/100 dollars($3,481.00),in advance. Rent shall be delinquent unless it is <br /> received by Landlord at the address provided herein on the first day of each month. Rent for the Premises shall increase by 3%for each <br /> twelve(12)month period("Renewal Year")of the Renewal Term. <br /> SECTION 4.3.COMMON EXPENSE. Except as otherwise provided by Section 7.1 herein,in addition to Rent,Tenant shall pay to <br /> Landlord its pro rata share of the common expenses of the Building which include real estate taxes and assessments for the common <br /> areas,maintenance expenses(excepting and excluding,however,all expense of roofing and structural repairs,all heating,plumbing and <br /> electrical maintenance and repair expenses which are not directly attributable to the installation and maintenance of heating,plumbing, <br /> electrical and lighting fixtures in the Premises and the bathroom facilities utilized and exclusively serving Tenant,which heating,plumbing <br /> and electrical fixture and bathroom facility maintenance costs shall be the responsibility of Tenant), management expense, trash <br /> compactor/trash removal expense, and public utility expense for the common areas, snow and ice shoveling expense, painting of the <br /> common areas and exterior of the building,awning maintenance and other exterior building maintenance which is not of a structural or <br /> roof repair nature,sidewalk cleaning,which pro rata share is hereinafter referred to as"CAM". Commencing the fifth month of the Term, <br /> and continuing for twelve(12)months,Tenant shall pay monthly CAM in the amount of Six Hundred Fifty and no/100 Dollars($650.00) <br /> CAM shall be adjusted for each successive twelve(12)month period("Lease Year")within the Lease Term. Landlord shall notify Tenant, <br /> 30 days in advance,of the CAM which shall be payable by Tenant during the next Lease Year. In the event such notice is not given,Tenant <br /> shall pay the same monthly CAM as the previous period until notified. CAM shall be calculated based upon the actual expenses for items <br /> included in CAM for the preceding Lease Year,adjusted to reflect reasonably anticipated increases or decreases. On or before the first <br /> day of third month of each successive Lease Year,Landlord shall provide Tenant with a statement showing in reasonable detail the actual <br /> expenses of those items paid or incurred by Landlord during the preceding Lease Year,which statement shall include either a deficiency <br /> amount owed by Tenant which shall be paid within thirty(30)days by Tenant to Landlord or a statement of overpayment of Tenant's <br /> proportionate share of such expenses,which sum shall be credited against the rental due from Tenant to Landlord or refunded to Tenant <br /> within thirty(30) days, at Tenant's election. Landlord's statement of CAM shall be conclusive subject to correction of mathematical <br /> errors,adjustment upon resolution of any pending appeals relating to real property taxes and may be based on reasonable estimates of <br /> those sums if actual amounts are not known. Establishment of CAM by Landlord shall be done on a Lease Year basis. Tenant shall pay the <br /> monthly CAM due with Tenant's payments of Rent in monthly payments,in advance,on the first day of the month. In the event Tenant <br /> exercises the renewal option as provided herein,the Tenant's CAM payment shall be calculated for each Renewal Year as herein above <br /> determined. <br /> -2- <br />