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<br />(a) acts of Lessor, its agents, or employees; <br /> <br />(b) acts of God which Lessee could not reasonably have foreseen or guarded <br />against; <br /> <br />(c) any strikes, boycotts or like obstructive actions by employees or labor <br />organizations and which are beyond the control of Lessee and which <br />cannot be reasonably overcome; or <br /> <br />(d) restrictive regulations by the Federal Government which are enforced in <br />connection with a national emergency. <br /> <br />2.6 The term will expire at 5:00 p.m. on the date specified in Section 2.1. If Lessee <br />should remain in possession of the Premises after the expiration of the term of <br />this Agreement in the absence of a new lease agreement or after Lessor has <br />declared a forfeiture of this Agreement as a result of Lessee's default, then such <br />holding over shall be construed as a tenancy from month-to-month, subject to all <br />of the terms, conditions, provisions and obligations of this Agreement at the time <br />this Agreement expires or upon the Lessee's default, as the case may be, except <br />the Minimum Annual Rent shall be one and one-half (1.5) times the amount of <br />such rent in effect prior to the Lessee's holding over, Lessor does not waive its <br />right to pursue any legal or equitable remedy against Lessee with regard to <br />Lessee's continued possession of the Premises after the expiration of the term of <br />this Agreement. <br /> <br />3. LEASE PAYMENT <br /> <br />3.1 Lease Payment. The monthly rent to be paid to the Lessor shall be determined <br />by the following: <br /> <br />(a) Commencing September 1, 2009 to February 28, 2010, Lessee shall pay a <br />monthly rent of one dollar ($1.00). <br /> <br />(b) Beginning March 1, 2010, the monthly rent shall be three dollars ($3.00) per <br />square foot for a total of $573.00. <br /> <br />Lessee shall pay to Lessor the monthly rent in advance, on or before the first day <br />of each and every month of the Lease Term beginning September 1, 2009. <br />Lease payments for any period during the term hereof which is for less than one <br />month shall be a pro rata portion of the monthly installment. <br /> <br />3.2 Rent Adjustment. The monthly rent for the Lease Area shall be adjusted by the <br />consumer price index (CPI) of each year beginning on September 1, 2012. The <br />rent shall be adjusted by multiplying the same by the annual average percentage <br />increase (rounded to the nearest tenth decimal) in the CPI published by the <br />United States Department of Labor, Bureau of Labor Statistics (All Urban <br />Consumers, All Items) for the San Francisco - Oakland - San Jose Metropolitan <br />Statistical Area during the preceding twelve (12) month period, ending November <br /> <br />ATTY/AGR/2009.024 <br />061609 <br /> <br />~ilialS <br /> <br />Page 3 <br />