Subleased Premises Upon the terms and conditions of this Sublease, the Sublessor hereby subleases to the Sublessee and the Sublessee hereby subleases from the Sublessor the entire New Jersey Premises located at ▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ leased by the Sublessor under the Master Lease, legally described on attached Exhibit B (the “Subleased Premises”). It is understood and agreed that this Sublease does not include any other premises other than the New Jersey Premises which is the Subleased Premises under this Sublease. It is acknowledged that the following specified personal property, equipment and/or improvements of the Sublessor (collectively, the “Personal Property”) remains upon the Subleased Premises as of the date of this Sublease: (a) all equipment comprising the paint line, including but not limited to the conveyor, the wash system, the paint booths, the drying ovens, paint hoppers and a burn-off oven, (b) the AC motor winder, and (c) all inventory and all movable furniture not purchased by the Sublessee, except for the furniture, files and lab equipment of the Sublessor (the “Excluded Property”) which Excluded Property only may be stored upon the Subleased Premises in an area of 35 feet by 75 feet (2,625 square feet) in the southwest corner of the warehouse, until no later than January 5, 2005. The Sublessor shall remove the Personal Property (except the Excluded Property which may remain until no later than January 5, 2005) and repair any damage caused in connection with such removal prior to the Commencement Date of this Sublease. It is understood that the Excluded Property shall be accessed by the Sublessor only at the time that such Excluded Property will be relocated to a different APW facility. If the Excluded Property is not removed from the Subleased Premises on or before January 5, 2005, the Sublessee may dispose of the Excluded Property as it so desires and the Sublessor shall reimburse the Sublessee for the reasonable cost of such disposal. It is understood that the Sublessee shall not have any liability with respect to the Excluded Property and the Sublessee shall not be liable for any injury to persons entering the Subleased Premises relating thereto, and the Sublessor shall indemnify and hold harmless the Sublessee with respect to any such liability. The Sublessor hereby represents and warrants that no person or entity other than the Sublessor has any rights to use, occupy, lease, sublease or possess any portion of the Subleased Premises.
Storage Space Landlord hereby grants to Tenant a license (the “Storage License”) to use that certain storage space containing approximately 1,247 rentable square feet located on the second floor of the Building located within Suite 240 as shown on Exhibit A-1 attached hereto (the “Storage Space”) in accordance with the terms of this Section 11 and the Amended Lease. Tenant shall use the Storage Space only for storage incidental to its occupancy of the Premises and for no other use or purpose. The term of the Storage License (the “License Term”) shall be month-to-month, commencing on the date which is thirty (30) days following Landlord’s delivery of possession of the Storage Space to Tenant (the “Storage Space Commencement Date”) and expiring on the date that is sixty (60) days after delivery of written notice of termination of the License from Landlord or Tenant to the other, but in no event later than the expiration of the Modified Term. Commencing on the Storage Space Commencement Date, Tenant shall pay a license fee for the Storage Space in the amount of $623.50 ($0.50 per rental square foot per month) (the “License Fee”) for the first twelve (12) months following the Storage Space Commencement Date. Commencing on the first anniversary of the Storage Space Commencement Date on each anniversary of the Storage Space Commencement Date thereafter, the License Fee shall increase by three percent (3%) per annum. The License Fee shall be paid by Tenant to Landlord as Additional Rent concurrently with each monthly installment of Monthly Base Rent under the Lease. In addition to the License Fee, commencing on the Storage Space Commencement Date, Tenant shall pay to Landlord, as Additional Rent with respect to the Storage Space during the License Term: (a) 0.48% of the Operating Expenses in excess of the Operating Expenses for the Base Year; (b) 0.48% of the Taxes in excess of the Taxes for the Base Year; (c) 0.48% of the Insurance Costs in excess of the Insurance Costs for the Base Year; and (d) 0.48% of the Utilities Costs in excess of Utilities Costs for the Base Year. For purposes of this Section 11, the Base Year shall be 2013 for the Storage Space. Landlord shall deliver the Storage Space to Tenant in its “AS-IS” condition (subject to any Landlord’s obligations to maintain and repair the Premises under the Lease and provided that all Building systems servicing the Storage Space shall be in good working order and condition), the next business day following the full execution of this Second Amendment, provided Tenant has furnished to Landlord certificates and/or other evidence satisfactory to Landlord of the insurance that Tenant is required to carry hereunder. All of the other terms and provisions of the Lease that apply to the Premises shall apply to the Storage Space.