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6.1C Page 7 (a} acts of�essor, its agents, or employees; (b} acts of God which Lessee could nofi reasonably have foreseen or guarded against; (c) any strikes, bvycot�s or like obstructive ac#ions by empioyees or labor organizaf�ons and which are beyond the confirol of �essee and which cannot be reasonably overcome; or �d} restrictive regulatians by the Federal Government which are enforced in connection with a nationa! emergency. 2.� The �erm will expi�e af 5:G0 p.m. on �he date specified in Section 2.1. If Lessee shou�d remain in possession of the Premises after the expiration of the term of this Agreement in #he absence of a new lease agreement or after �essor has declared a forFeiture of this Agreement as a resuit of Lessee's defauft, then such � . holding over shall be construed as a tenancy from month-to-month, subject to all of the terms, conditions, provisions and obligations of this Agreemen# at the time this Agreement expires or upon the Lessee's default, as the case may be, except the Minimum Annual Rent sha!! be one and one-half {1.5) times the amount of such renf in effec# prior #o the Lessee's holding �over, Lessar does not waive its right to pursue any legal cr equftable remedy against Lessee with regard ta Lessee's cantinued possession of the Premises after the expiration of the term of this Agreemert. 3. LEASE PAYMENT 3.1 �ease Payment. The mon#hly rent to be paid to the Lessor shall be determined by the following: (a) Commencing Sep#ernber 1, 2009 to February 28, 2010, Lessee shaEl pay a monthly rent o.f one dallar �$1.00�, {b) Beginning March 1, Zo�o, the monthly rent shall be three dollars �$3.00} per square foot for a fotal of$�73.00. Lessee shall pay to Lessor the monthly rent in advance, on or before the firsf day of each and every month of the Lease Term beginning Sep#ember 1, 2Q�9. Lease payments for any period during the term hereof which is for less fihan one monfih shal[ be a pro rata por�ion of the monthly insfiallment. 3.2 Rent Adjus#r�ent. The monthfy rent for�he C.ease Area shail be adjusted by the consumer price index (CPI} of each year beginning on September �, 2012. The rent shall be adjusted by multiplying the same by t�e annuai average percentage increase (rounded to the nearest tenth d�cimal) in the CPI published by the United States Depar�ment of Labor, Bureau of Labor Statistics {All Urban Cansumers, Af! I�ems}for the San Francisco— �akland — San Jose Metropo�itan S�atis#ica! Area �urin� �he preceding twelve (�2� month period, ending I�ovember A s TYIAGR/2049.024 [nitiats Page 3 061649