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Tenant shall repay Landlord 100%of improvement costs plus 3.47%interest within the initial <br /> five(5)year of the lease term,at a rate of no less than$1.02 per square foot for 8,880 sq ft per <br /> month,until fully paid. Should the actual cost of the Improvements be less than$500,000,the <br /> repayment term only will be decreased accordingly,and the Tenant shall begin payment of the <br /> rental amount as stated in Paragraph 6 above. The monthly charge for the Improvements shall <br /> be due and payable on the fifth day of the calendar month,such first installment to be prorated <br /> for the period between the date of commencement of this lease and the fifth day of the <br /> following month. Tenant will be allowed to prepay for the cost of Improvements without <br /> penalty. <br /> 15. Landlord's and Agent's Insurance. The Tenant is self-insured and no additional insurance <br /> policy is required. <br /> 16. Surrender, The Tenant shall,at the end of the term of this Lease Agreement or earlier <br /> termination thereof,peaceably and quietly vacate and deliver up to Landlord the possession of <br /> the premises,together with all additions and alterations made by Tenant,unless Landlord <br /> requires removal of the same. Tenant may remove all moveable trade fixtures(if installed by <br /> Tenant)on the condition that Tenant shall repair any damage to the premises resulting from <br /> the removal of said fixtures. Tenant shall not be required to remove any exterior <br /> improvements other than its signs. <br /> Any property of the Tenant remaining on the premises after the termination of the Lease <br /> Agreement may be disposed of by the Landlord upon 30 days written notice and failure of <br /> Tenant to retrieve the property. The parties shall act in good faith. <br /> 17. Destruction of Premises. If the premises are partially or totally damaged or destroyed by fire <br /> or other casualty so as to become partially or totally untenantable,such damage or destruction, <br /> insofar as the same pertains to the building itself,exclusive of any damage to Tenant's <br /> fixtures,furniture or other property,shall be repaired or rebuilt at the discretion of the <br /> Landlord. Landlord shall advise Tenant within thirty(30)days after the casualty whether they <br /> intend to rebuild or repair. If the Landlord elects not to repair or rebuild,this lease shall <br /> terminate without further notice and the obligations of either party shall cease. No rent shall <br /> be payable from the date such casualty occurs until the repair or rebuilding shall be completed, <br /> unless the premises shall be tenantable and there is no substantial interference with Tenant's <br /> business. <br /> 18. Subordination of Lease to Mortgage. Tenant agrees that this Lease Agreement and all rights <br /> of Tenant hereunder shall be subject and subordinate to all present and future mortgages made <br /> or to be made by Landlord as security for any indebtedness of Landlord;provided,however, <br /> that the mortgagee shall agree to recognize this lease in the event of foreclosure and will cause <br /> the sale of said premises to be made subject to Tenant's lease,provided that the Tenant is not <br /> in default under any of the terms,conditions,or covenants of this lease at the time of such <br /> foreclosure. <br /> 19. American With Disabilities Act. Landlord and Tenant understand Tenant,as a government <br /> entity,is required to comply with the Americans with Disabilities Act,hereinafter"ADA." <br /> Landlord herein expressly warrants that all access from the parking area and common areas to <br /> -5- <br />