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645 N Walnut Ave. 'Commercial Lease concerning: New Braunfels TX 44444• TWO B. Delay of Occupancy: If Tenant is unable to occupy the leased premises on the Commencement Date because of construction on the leased premises to be completed by Landlord that is not substantially complete or a prior tenant's holding over of the leased premises, Landlord will not be liable to Tenant for such delay and this lease will remain enforceable. In the event of such a delay, the Commencement Date will automatically be extended to the date Tenant is able to occupy the Property and the Expiration Date will also be extended by a like number of days, so that the length of this lease remains unchanged. If Tenant is unable to occupy the leased premises after the 90th day after the Commencement Date because of construction on the leased premises to be completed by Landlord that is not substantially complete or a prior tenant's holding over of the leased premises, Tenant may terminate this lease by giving written notice to Landlord before the leased premises become available to be occupied by Tenant and Landlord will refund to Tenant any amounts paid to Landlord by Tenant. This Paragraph 3B does not apply to any delay in occupancy caused by cleaning or repairs. C. Unless the parties agree otherwise, Tenant is responsible for obtaining a certificate of occupancy for the leased premises if required by a governmental body. 4. RENT AND EXPENSES: A. Base Monthly Rent: On or before the first day of each month during this lease, Tenant will pay Landlord base monthly rent as described on attached Exhibit or as follows: --?fum AammW k'7/ ?-Wl 40 4,jbu?tno, Eom it 401, 60 from September 1, 2009 to July 31, 2010 $ 2 , 975. 00 ; (, - y,ogfrom Aucrust 1 , 2010 to July 31 , 2011 $ 3, 035.00 ; from August 1 , 2011 to July 31 , 2012 $ 3 , 095.00 ; from August 1 , 2012 to Jul 1 2013 $ 3,160.00; from August 1 , 2013 to _ July 31 , 2014 $ 3 , 220.00 . B. First Full Month's Rent: The first full base mor)thiy rent is (,Lue on or before Lease Signing - 6-4-oq - C. Prorated Rent: If the Commencement Date is on a day other than the first day of a month, Tenant will pay Landlord as prorated rent, an amount equal to the base monthly rent multiplied by the following fraction: the number of days from the Commencement Date to the first day of the following month divided by the number of days in the month in which this lease commences. The prorated rent is due on or before the Commencement Date. D. Additional Rent: In addition to the base monthly rent and prorated rent, Tenant will pay Landlord all other amounts, as provided by the attached (Check all that apply): ? (1) Commercial Expense Reimbursement Addendum ? (2) Commercial Percentage Rent Addendum ? (3) Commercial Parking Addendum ? (4) All amounts payable under the applicable addenda are deemed to be "rent" for the purposes of this lease. E. Place of Payment: Tenant will remit all amounts due Landlord under this lease to the following person at the place stated or to such other person or place as Landlord may later designate in writing: Name: TwoFold LLC Address: 39 Stonecrest Circle New Braunfels Texas 76132 F. Method of Payment: Tenant must pay all rent timely without demand, deduction, or offset, except as permitted by law or this lease. If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant is returned to Landlord by the institution on which it was drawn, Landlord after (TAR-2101) 5-26-06 Initialed for Identification by Tenant: and Landlord: Page 3 of 14 Produced with ZipFormn7 by zpLogix 16070 F,fteen Mile Road, Fraser, Michigan 460266 www.zioLogix.com City of San Ma