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1. Basic Provisions(“Basic Provision”) 1.1Parties: This Lease (“Lease”), dated for reference only, March 30, 2009, is made by and between Metropolitan Investments III, LLC (“Lessor”) and the following joint and several Lessees: GU Holdings Inc., Global Transit LTD., Singapore Telecom USA Inc., Bharti Airtel Limited, KDDI Corporation, Pacnet Services (USA) Inc., All jointly and severally “Lessee.” The Lessor and the Lessees are collectively the “parties”, or individually a “Party”. 1.2(a) Premise
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  1.Basic Provisions(“Basic Provision”) 1.1 Parties: This Lease (“Lease”), dated for reference only, March 30, 2009, is made byand between Metropolitan Investments III, LLC (“Lessor”) and the following joint andseveral Lessees: GU Holdings Inc., Global Transit LTD., Singapore Telecom USAInc., Bharti Airtel Limited, KDDI Corporation, Pacnet Services (USA) Inc., All jointlyand severally “Lessee.” The Lessor and the Lessees are collectively the “parties”, or individually a “Party”. 1.2 (a) Premises: That certain portion of the Building, Including all improvements thereinor to be provided by Lessor under the terms of this Lease, commonly known by thestreet address of ____________________________________________________  _______________________________________________ located in the City of  ____________ Country of ______________. State of ________________ with zipCode ___________ as outfined on Exhibit ___ attached hereto (“Premises”). The“Building” is that certain building containing the Premises and generally described as(describe briefly the nature of the Building) _________________________________  ___________________________________________________________________  ___________________________________________________________________ In addition to Lessee’s rights to use and occupy the Premises as hereinafter specified, Lessee shall have non-exclusive rights to the Common Areas (as definedin Paragraph 2.7 below) as hereinafter specified, but shall not have any rights to theroof, exterior walls or utility raceways of the Building or to any other buildings in theIndustrial Center. The Premise, the Building, the Common Areas, the land uponwhich they are located, along with all other buildings and improvements thereon, areherein collectively referred to as the “Industrial Center”. (Also see Paragraph 2) eExcept as hereinafter set forth in this Lease1.2(b) Parking: ____________ unreserved vehicle parking spaces (“UnreservedParking Spaces”); and _________________ reserved vehicle parking spaces(“Reserved Parking Spaces”). (Also see Paragraph 2.6)1.3 Term: _____years and ____ months (“Original Term”) commencing _________ (“Commencement Date”) and Ending _______________ (“Expiration Date”). (Alsosee Paragraph 3) 1.4 Early Possession:______________ (“Early Possession Date”). (Also seeParagraph 3.2 and 3.3.)1.5Base Rent: $ ______________ per month (“Based Rent), payable on the ____________ day of each month commencing _____________ (Also seeParagraph 4)[X] If this box is checked, this Lease provides for the Base Rent to be adjustedper Paragraph 49.1.6(a) Base Rent Paid Upon Execution: $ _______ as based Rent for the period ________________________________________ 1.6 (b) Lessee’s Share of common Area Operating Expenses: _______________ Percent 1.38% (“Lessee’s Share”) as determined by[X]prorate square footage of the premises as compared to the total squarefootage of the Building or [ ] other criteria as described in Addendum _________   1.7 Security Deposit: $ ________________ (“Security Deposit”). (Also seeParagraph 5.)1.8 Permitted Use: ____________________________________________________  ___________________________________________________________________ (“Permitted Use”). (Also see Paragraph 6.)1.9 Insuring Party. Lessor is the “Insuring Party” (Also see Paragraph 8.)1.10(a) Real Estate Brokers. The following real estate broker(s) collectively, theBrokers’) and brokerage relationship exist in this transaction and are consented to bythe parties (check applicable boxes):[ ] ______________________________ represents Lessor Exclusively (Lessor’sBroker”) :[ ] ______________________________ represents Lessee Exclusively (Lessee’s Broker”) : or [ ] ______________________________ represents both Lessor and Lessee (“Dual Agency”). (Also see Paragraph 15.)1.10(b) Payment to Brokers. Upon the execution of this Lease by both Parties,Lessor shall payto said Broker(s) jointly, or In such separate shares as they maymutually designate in writing, a fee as set forth in a separate written agreementbetween lessor and said Broker(s), the sum of $___________ for broker servicesrendered by said Broker(s) in connection with this transaction.1.11 Guarantor. The obligations of the Lessee under this Lease are to be guaranteedby _________________________________________________________________  _______________________________________________________ (“Guarantor”).(Also see Paragraph 37.)1.12 Addends and Exhibits. Attached hereto is an Addendurm or Addenda consistingof Paragraphs _________ through ______________ and Exhibits __________ through __________ all of which constitue a part of this Lease2. Premises, Parking and Common Areas.2.1 Letting. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor,the Premises, for the term at the rental, and upon all of the terms covenants andconditions set forth in this Lease. Unless otherwise provided herein, any statement of square footage set forth in this Lease, or that may have been used in calculatingrental and/ or Common Area Operating Expenses, is an approximation which Lessor and Lessee agree is reasonable and the rental and Lessee’s Share. (as defined inParagraph 1.6(b)) based thereon is not subjectedto revision whether or not theactualsquare footage is more or less.2.2 Condition. Lessor shall deliver the Premise to Lessee clean and free of debris onthe Commencement Date and warrants to Lessee that the existing plumbing,electrical systems, fire sprinkler system, lighting, air conditioning and heatingsystems and loading doors, If any, in the Premise, other than those constructed byLessee, shall be in good operating condition on the Commencement Date. If a non –compliance with said warranty exists as of the Commencement Date, Lessor shall,except as otherwise provided in this Lease, promptly after receipt of written noticefrom Lessee setting forth with specificity the nature and extend of such non-compliance, rectify same as Lessor’s expense. If Lessee does not give Lessor written notice of a non-compliance with this warranty within thirty (30) days after the  Commencement Date, correction of that non-compliance shall be the obligation of Lessee at Lessee’s sole coast and expense.2.3 Compliance with Covenants, Restrictions and Building Code. Lessor warrantsthat any improvements (other than those constructed by Lessee or at Lessee’sdirection) on or in the Premises which have been constructed or installed by Lessor’sConsent or at Lessor’s direction shall comply with all applicable covenants or restrictions of record and applicable building codes, regulations and ordinances ineffect on the Commencement Date. Lessor further warrants to Lessee that Lessor has no knowledge of any claim having been made by any governmental agency thata violation or violations of applicable building codes, regulations, or ordinances existwith regard to the Premise as of the Commencement Date. Said warranties shall notapply to any Alterations or Utility Installations (defined in Paragraph 7.3(a)) made or to be made by Lessee. If the Premises do not comply with said warranties, Lessor shall, except as otherwise provided in this Lease, promptly after receipt of writtennotice from Lessee given within six (6) months following the Commencement Dateand setting forthwith specificity the nature and extend of such non-compliance, takesuch action, at Lessor’s expense, as may be reasonable or appropriate to rectify thenon-compliance. Lessor makes no warranty that the Permitted Use in Paragraph 1.8is permitted for the Premises under Applicable Laws (as defined in Paragraph 2.4)
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