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Understanding dated September 22, 2003. In the event that the Term begins or ends on other than <br /> the first or last day of the month, rent shall be pro-rated for such partial month. Sublessor shall be <br /> responsible for payment of all rent due to the Landlord under the Prime Lease. <br /> (3) Term. Notwithstanding any provisions relating to the Term or Renewal Term <br /> contained in the Prime Lease, the Term of this Lease shall be for the period commencing on <br /> September 22, 2003 and terminating on September 22, 2004. <br /> (4) Quiet Enjoyment. Sublessor covenants that Sublessee, subject to the Prime Lease <br /> and on paying the rents and performing the covenants herein set forth, shall and may peaceably and <br /> quietly have, hold and enjoy the Subleased Premises for the Term hereof free of all claims made by <br /> persons claiming by, through or under Sublessor. Sublessor shall provide, at no cost to sublessee, all <br /> utilities described in the prime lease. <br /> (5) Exclusions. The following rights, if any, reserved to the Sublessor under the Prime <br /> Lease shall be reserved to the Sublessor, and Sublessee shall have no right therein: <br /> (a) The right to sublease, assign or sublet. <br /> (b) Any right on the part of the Sublessor under the Prime Lease to terminate <br /> the Prime Lease in the event of damage by casualty or taking by eminent <br /> domain, the default of the Landlord, or for any reason whatsoever, the <br /> exercise of which shall release sublessee hereunder <br /> • (c) Any option or right to extend the Term or any Renewal Term. <br /> (6) Maintenance. The Sublessee agrees to accept the Subleased Premises as of the <br /> commencement of the Term in their then "as is" condition and that they will take good care of the <br /> Subleased Premises, and will commit no waste, and will not do, suffer or permit to be done any <br /> injury to the same; that they will keep said Subleased Premises in at least as good order, condition <br /> and state of repair required of Sublessor under the Prime Lease, ordinary wear and tear excepted; <br /> that they will permit the Sublessor to enter onto the Subleased Premises at any and all reasonable <br /> times to inspect the same or for any other proper purpose without liability on the part of Sublessor <br /> for any loss or interruption of business occasioned thereby, and that they will not do or permit to be <br /> done any act or thing contrary to the covenants and agreements made by the Sublessor in the Prime <br /> Lease. Sublessee shall also, at their sole cost and expense, comply with all applicable local, state and <br /> federallaws, ordinances, codes and regulations, and with all rules and regulations promulgated by <br /> companies, which from time to time insure against loss or damage to, or against injuries or deaths <br /> occurring on or about, the Subleased Premises. In no event shall Sublessee allow the Subleased <br /> Premises to be used for any use which makes void or voidable any insurance in force with respect to <br /> the Subleased Premises or makes it impossible to obtain insurance, creates a public or private <br /> nuisance, or is illegal, unlawful, immoral, or is a hazardous business, trade, occupation, activity or <br /> purpose. <br /> (7) Alterations. Sublessee agrees that any alterations or improvements will be made in <br /> good and workmanlike manner and that it will not make any alterations or improvements in or to <br /> • the Subleased Premises except in compliance with Prime Lease and with all applicable laws, <br /> ordinances, codes and regulations and without obtaining the prior written consent of the Sublessor, <br /> 2 <br />