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<br />, , <br /> <br />( <br /> <br />'. <br /> <br />.. <br /> <br />200511152 <br /> <br />5. Term. The initial term of this Ground Lease sba.H be for a period of five (5) <br />years ("Term") comm~cing on the date that construction of the Site Compound begins (the <br />"Commencement Date"), and shan terminate on the fifth (5Ih) anniversary of the Commencement <br />Date, unless sooner terminllted in accordance with this Ground Lease. Lessee shall have the right <br />to renew the Ground Lease for four (4) successive five (5) year periods (each a "Renewal Term"), <br />upon the same tenns and conditions in effect during the Term. This Ground Lease shall <br />automatically renew for each successive Renewal Term unless Lessee provides written Dotice to <br />Lessor of its intention not to renew at least thirty (30) days prior to the expiration of the Term or <br />any Renewal Term. <br /> <br />6. Rent. Lessee agrees to pay to Lessor as annual rent the sum of Six Thousand <br />Dollars ($6000.00) ("Rent") payable in equal montWy instaUments on the first day .of each <br />calendar month during the Term and any Renewal Term" except that the first payment of Rent <br />shall be made within ten (10) business days following the Commencement Date as defined in <br />section 5 hereto. In the event the Commencement Date does not fall on the first day of a. month, <br />the first and last monthly payment of Rent shall be prorated accordingly. At the beginning of <br />each Renewal Term, Rent shall increase fifteen percent (15%) over the Rent for the previous <br />Term or Renewal Tenn. Rent payments sball be payable to Lessor at the address set forth above <br />or at such other address as Lessor shall notify Lessee in accordance with Paragraph 15. <br /> <br />7. Taxes. If personal property taxes are assessed, Lessee shall pay any portion of <br />such taxes directly attributable to the Site Compound. Lessor shall pay all real property taxes, <br />assessments and. deferred taxes on the Property. If any increase to Lessor's real property taxes is <br />the direct result of Lessee's improvements to the Premises. tb.en. Lessee will reimburse the Lessor <br />its proportionate sbare of such ta..x increase provided that, as a condition of Lessee's obligation to <br />pay such tax increases, Lessor shall provide to Lessee documentation from tho taxing authority, <br />reasonably acceptable to Lessee, indicating that the increase is due to Lessee's improvements. <br /> <br />8. Insurance; .Waiver of Subroantion. <br /> <br />. (a) Lessee, at its sole cost and expense shall provide and maintain, during the Term <br />of this Ground Lease a:od any Renewal Terms, commercial general liability insurance with <br />combined single limit coverage of Doe Million Dollars ($1,000,000). Lessee shall name Lessor <br />as an additional insured on Lessee's insurance policy and provide Lessor, at its request. with an <br />insurance .certificate. <br /> <br />(b) Lessor and Lessee each hereby waive any rights it may- have against the ather (in <br />the event the other party is insured and including, but not limited to, Ii direct action for damages) <br />00 account of any lass or damage occasioned to Lessor or Lessee, as the case may be (EVEN IF <br />(A) SUCH LOSS OR DAMAGE IS CAUSED BY THE FAULT, NEGLIGENCE, OR <br />OTHER TORTIOUS CONDUCT, ACTS OR OMISSIONS [EXCLUDING 'GROSS <br />NEGLIGENCE AND WTI..LFUL MIS.cONDUCT] .OF THE RELEASED PARTY OR THE <br />RELEASED PARTY'S DmECTORS, EMPLOYEES, AGENTS OR INVITEES AND/OR <br />(B) THE RELEi\.SED P ARlY IS STRICTLY LIABLE FOR SUCH LOSS OR D_4.MAGE), <br />to their respective property, the Property or the Site Compound arising from any risk (without <br />regard to the amount of coverage or the amount of deductIble) covered by the waiving party's <br />insurance which is in effect at the time of the loss or damage. Without in any way limiting the <br />foregoing waivers IlDd to the extent permitted by applicable law, the parties hereto waive any <br />right of subrogation that Lessor or Lessee may have against the other party or their respective <br />officers, directors, employees, agents, Users, or invitees. The Lessor and Lessee will use their <br />good faith best efforts to obtain a waiver of subrogation rights from their respective insurance <br /> <br />Pnge3 <br /> <br />Site Nnme and number. JalOlllDn ClIIlh-WIll' Lumb...Co.lll:!8I-471 <br />