AN INVOICE THEREFOR, THE AMOUNT OF ANY UNDERPAYMENT REVEALED AFTER
THE SUBLEASE EXPIRATION DATE OR EARLIER TERMINATION OF THIS SUBLEASE PURSUANT TO
SECTION 17 BY A STATEMENT OF ACTUAL COSTS INCURRED BY SUBLANDLORD.
E.
LATE CHARGE.
SUBTENANT SHALL PAY TO SUBLANDLORD AN ADMINISTRATIVE CHARGE
AT AN ANNUAL INTEREST RATE EQUAL TO THE PRIME RATE (AS STATED UNDER THE COLUMN
"MONEY RATES" IN THE WALL STREET JOURNAL) PLUS THREE PERCENT (3%) ON ALL AMOUNTS
OF RENT PAYABLE HEREUNDER WHICH ARE NOT PAID WITHIN THREE (3) DAYS OF THE DATE
ON WHICH SUCH PAYMENT IS DUE, SUCH CHARGE TO ACCRUE FROM THE DATE UPON WHICH
SUCH AMOUNT WAS DUE UNTIL PAID.
F.
RENTAL ABATEMENT.
PROVIDED SUBTENANT SHALL NOT BE IN DEFAULT OF ANY
PROVISION OF THIS SUBLEASE, SUBTENANT SHALL RECEIVE A CREDIT ("T/I CREDIT")
AGAINST THE PAYMENT OF BASE RENTAL FOR CERTAIN TENANT IMPROVEMENTS DESCRIBED IN
THE ATTACHED EXHIBIT "C" (THE "TENANT IMPROVEMENTS") IN AN AMOUNT EQUAL TO EIGHT
HUNDRED THIRTY-SEVEN THOUSAND
2
TWO HUNDRED AND 00/100 DOLLARS ($837,200.00).
THE T/I CREDIT SHALL BE GIVEN IN
THE FORM OF AN ABATEMENT OF BASE RENTAL IN MONTHS ONE (1) THROUGH EIGHT (8) OF
THE TERM ("T/I CREDIT PERIOD").
SUBTENANT SHALL BE OBLIGATED TO PAY ALL
ADDITIONAL RENT DURING THE T/I CREDIT PERIOD. THE GRANT OF THE T/I CREDIT DOES
NOT CONSTITUTE SUBLANDLORD'S CONSENT TO THE TENANT IMPROVEMENTS PROPOSED TO BE
INSTALLED IN THE SUBLEASE PREMISES BY SUBTENANT, SUCH APPROVAL TO BE GOVERNED BY
SECTION 20 OF THIS SUBLEASE.
IF SUBTENANT FAILS TO CONSTRUCT THE TENANT
IMPROVEMENTS, SUBLANDLORD MAY RECOVER FROM SUBTENANT THE T/I CREDIT.
ADDITIONALLY, UPON ANY DEFAULT BY SUBTENANT OF ITS OBLIGATIONS UNDER THIS
SUBLEASE DURING THE TERM, IN ADDITION TO ALL OTHER REMEDIES AVAILABLE TO
SUBLANDLORD AT LAW OR IN EQUITY, SUBLANDLORD MAY RECOVER FROM SUBTENANT THE
REMAINING UNAMORTIZED PORTION OF THE T/I CREDIT, AMORTIZED OVER THE TERM.
5.
SECURITY DEPOSIT.
CONCURRENTLY WITH THE EXECUTION OF THIS SUBLEASE,
SUBTENANT SHALL DEPOSIT WITH SUBLANDLORD THE SUM OF ONE HUNDRED FORTY-EIGHT
THOUSAND ONE HUNDRED FORTY-EIGHT AND 00/100 DOLLARS ($148,148.00) ("DEPOSIT"),
WHICH SHALL BE HELD BY SUBLANDLORD AS SECURITY FOR THE FULL AND FAITHFUL
PERFORMANCE BY SUBTENANT OF ITS COVENANTS AND OBLIGATIONS UNDER THIS SUBLEASE.
THE DEPOSIT IS NOT AN ADVANCE RENT DEPOSIT, AN ADVANCE PAYMENT OF ANY OTHER
KIND, OR A MEASURE OF SUBLANDLORD'S DAMAGES IN CASE OF SUBTENANT'S DEFAULT.
IF
SUBTENANT DEFAULTS IN THE FULL AND TIMELY PERFORMANCE OF ANY OR ALL OF
SUBTENANT'S COVENANTS AND OBLIGATIONS SET FORTH IN THIS SUBLEASE, THEN
SUBLANDLORD MAY, FROM TIME TO TIME, WITHOUT WAIVING ANY OTHER REMEDY AVAILABLE
TO SUBLANDLORD, USE THE DEPOSIT, OR ANY PORTION OF IT, TO THE EXTENT NECESSARY
TO CURE OR REMEDY THE DEFAULT OR TO COMPENSATE SUBLANDLORD FOR ALL OR A PART OF
THE DAMAGES SUSTAINED BY SUBLANDLORD RESULTING FROM SUBTENANT'S DEFAULT.
SUBTENANT SHALL IMMEDIATELY PAY TO SUBLANDLORD WITHIN FIVE (5) DAYS FOLLOWING
DEMAND, THE AMOUNT SO APPLIED IN ORDER TO RESTORE THE DEPOSIT TO ITS ORIGINAL
AMOUNT, AND SUBTENANT'S FAILURE TO IMMEDIATELY DO SO SHALL CONSTITUTE A DEFAULT