CONSECUTIVE MONTHLY INSTALLMENTS OF $22,188.75 EACH IN
ADVANCE ON THE FIRST (1ST) BUSINESS DAY OF EACH CALENDAR MONTH DURING THE TERM
OF THIS SUBLEASE.
THE YEARLY BASE RENT IS BASED UPON AN ANNUAL RATE OF $22.50
PER SQUARE FOOT ON THE AREA OF THE SUBLET PREMISES.
IF THE TERM COMMENCEMENT
DATE IS A DAY OTHER THAN THE FIRST DAY OF A CALENDAR MONTH, THEN THE SUBTENANT
SHALL PAY UPON THE TERM COMMENCEMENT DATE A PORTION OF THE YEARLY BASE RENT PRO
RATED ON A PER DIEM BASIS FROM THE TERM COMMENCEMENT DATE TO THE END OF THE
MONTH IN WHICH THE TERM COMMENCEMENT DATE OCCURS.
NOTWITHSTANDING ANYTHING IN
THIS SECTION 5 TO THE CONTRARY, SUBTENANT SHALL BE ENTITLED TO THE FIRST FULL
CALENDAR MONTH OF THIS SUBLEASE AT NO COST, OTHER THAN SUBTENANT'S ELECTRICITY
COST.
6.
­ADDITIONAL RENT.
IN ADDITION TO YEARLY BASE RENT, SUBTENANT
SHALL PAY TO SUBLANDLORD, ON ACCOUNT OF OPERATING EXPENSES AND REAL ESTATE TAXES
AS CONTEMPLATED BY ARTICLE 4 OF THE OVERLEASE, FROM AND AFTER THE TERM
COMMENCEMENT DATE, SUBTENANT'S PROPORTIONATE SHARE OF ANY INCREASE IN
SUBLANDLORD'S TAX EXPENSES AND OPERATING EXPENSES AS FOLLOWS:
(A) SUBTENANT
SHALL PAY SUBTENANT'S SHARE OF ANY INCREASES IN TAX EXPENSES ABOVE TAX EXPENSES
FOR THE FISCAL YEAR ENDING JUNE 30, 2008; AND (B) SUBTENANT SHALL PAY
SUBTENANT'S SHARE OF ANY INCREASE IN OPERATING EXPENSES ABOVE OPERATING EXPENSES
FOR CALENDAR YEAR 2008.
FOR PURPOSES OF THIS SUBLEASE, SUBTENANT'S SHARE SHALL
BE 31.67%.
7.
­ELECTRICITY.
ELECTRICITY FOR THE PREMISES IS SEPARATELY
METERED (METERS #7-13985 AND #7-17850) AND SUBTENANT SHALL PAY TO SUBLANDLORD,
FROM AND AFTER THE TERM COMMENCEMENT DATE, SUBTENANT'S PROPORTIONATE SHARE OF
SUBLANDLORD'S ELECTRICITY COSTS.
SUBLANDLORD WILL BILL SUBTENANT FOR THESE
ELECTRICITY COSTS ON A MONTHLY BASIS AND SUBTENANT WILL PAY SUCH SUMS TO
SUBLANDLORD WITHIN TEN (10) DAYS AFTER RECEIPT OF SUCH BILL.
ANY COSTS INVOLVED
WITH INSTALLING ADDITIONAL ELECTRIC POWER SUPPLY TO THE PREMISES SHALL BE THE
SOLE RESPONSIBILITY OF SUBTENANT, AND SUBTENANT SHALL BE SOLELY RESPONSIBLE FOR
THE COST OF REMOVING THE SAME AND REPAIRING THE PREMISES AS NEEDED UPON THE
TERMINATION OF THIS SUBLEASE AND/OR SURRENDER OF THE PREMISES.
8.
­SECURITY DEPOSIT.
SIMULTANEOUSLY WITH THE EXECUTION OF THIS
SUBLEASE, SUBTENANT SHALL DEPOSIT WITH SUBLANDLORD $35,000.00 (THE "SECURITY
DEPOSIT") TO BE HELD BY SUBLANDLORD WITHOUT LIABILITY FOR INTEREST, AS SECURITY
FOR THE PERFORMANCE OF SUBTENANT'S OBLIGATIONS UNDER THIS SUBLEASE.
THE
SECURITY DEPOSIT SHALL BE HELD AND APPLIED PURSUANT TO SECTION 21.1 OF THE
OVERLEASE, WHICH IS INCORPORATED HEREIN BY REFERENCE.
9.
­INSURANCE.
SUBTENANT SHALL OBTAIN AND MAINTAIN ALL INSURANCE
TYPES AND COVERAGE AS SPECIFIED IN THE OVERLEASE TO BE OBTAINED AND MAINTAINED
BY SUBLANDLORD, AS LESSEE, IN AMOUNTS NOT LESS THAN THOSE SPECIFIED IN THE
OVERLEASE.
ALL SUCH POLICIES OF INSURANCE SHALL NAME OVERLANDLORD AND
SUBLANDLORD AS ADDITIONAL INSUREDS THEREUNDER.
SUBTENANT'S INSURANCE SHALL BE
PRIMARY OVER OVERLANDLORD'S AND SUBLANDLORD'S INSURANCE.
10.
­INDEMNIFICATION OF THE OVERLANDLORD AND THE SUBLANDLORD.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBLEASE OR THE OVERLEASE TO THE
CONTRARY, SUBTENANT WILL SAVE
2
OVERLANDLORD AND