Lease Amendment. Following the later to occur of # the date on which Landlord and Tenant agree upon the Prevailing Market Rent or # the date on which the Prevailing Market Rent is otherwise determined by the Baseball Arbitrator, Landlord shall prepare and deliver to Tenant an amendment to this Lease and Landlord and Tenant shall reasonably cooperate to execute an amendment to this Lease setting forth the terms as to the applicable Extension Period within thirty (30) days following Landlord’s delivery of such amendment, provided, however, the failure of Landlord and Tenant to execute such amendment shall not otherwise impact Tenant’s lease of the Premises for the extension of the Term for the Extension Period including, but not limited to, the Rent and other amounts to be paid during the Extension Period, which shall be binding on Landlord and Tenant.

Lease Amendment. Following the later to occur of # the date on which Landlord and Tenant agree upon the Prevailing Market Rent for the Available ROFO Space, or # the date on which the Prevailing Market Rent for the Available ROFO Space is otherwise determined by the Baseball Arbitration Method, Landlord shall prepare and deliver to Tenant an amendment to this Lease and Landlord and Tenant shall reasonably cooperate to execute an amendment to this Lease setting forth the terms as to the applicable Available ROFO Space within thirty (30) days following Landlord’s delivery of such amendment, provided, however, the failure of Landlord and Tenant to execute such amendment shall not otherwise impact or negate Tenant’s lease of the Available ROFO Space upon the terms and conditions determined in accordance with this Article XXIX, which shall be binding on Landlord and Tenant.

New Lease; Lease Amendment. If Tenant leases the Station 5 Premises pursuant to this Paragraph 42, Landlord shall prepare, and Landlord and Tenant shall execute within thirty (30) days after Tenant’s delivery of the Expansion Exercise Notice, # a new lease demising the Station 5 Premises on the same terms and conditions of this Lease as modified pursuant to Paragraph 42.3 (for purposes of this Paragraph 42, the “Station 5 Lease”).

Lease. The Property is being sold subject to an existing Lease of the Property dated September 21, 2006 by and between Seller, as lessor (pursuant to that certain Assignment and Assumption of Lease and Guaranty dated December 29, 2006 by and between AEI Fund Management XVII, Inc., a Minnesota corporation, as assignor, and Seller, as assignee), and Apple Indiana II LLC, a Delaware limited liability company, as lessee (the "Tenant") and Guaranty by Apple American Group LLC dated September 21, 2006, as amended by that certain Amendment to Lease and Guaranty dated December 23, 2013 (collectively, the "Lease"). The Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from Seller, all right, title, and interest of Seller in and to all leases and other agreements to occupy all or any portion of the Property that are in effect on the Effective Date or which Seller executed prior to Closing (as hereinafter defined) pursuant to the terms of this Agreement.

Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the "Lease Term") shall be as set forth in Section 3.1 of the Summary, shall commence on the date set forth in [Section 3.2] of the Summary (the "Lease Commencement Date"), and shall terminate on the date set forth in [Section 3.3] of the Summary (the "Lease Expiration Date") unless this Lease is sooner terminated as hereinafter provided. For purposes of this Lease, the term "Lease Year" shall mean each consecutive twelve (12) month period during the Lease Term. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in Exhibit C, attached hereto, as a confirmation only of the information set forth therein, which Tenant shall execute and return to Landlord within ten (10) days of receipt thereof. Notwithstanding the foregoing, if Landlord has not delivered possession of the 2nd and 3rd floor portions of the Premises in the condition required by Section 1.1.1, above, # on or before September 15, 2023, then, as Tenant’s sole remedy for such delay, the date Tenant is otherwise obligated to commence payment of rent shall be delayed by one day for each day that the delivery date is delayed beyond such date, or # on or before December 15, 2023, then, Tenant shall also have the right to terminate this Lease by written notice thereof to Landlord, whereupon any monies previously paid by Tenant to Landlord shall be reimbursed to Tenant. The foregoing dates shall be extended to the extent of any delays in delivery of possession caused by # Tenant Delay, as provided in [Section 1(j)] of the Tenant Work Letter, or # war, terrorism, acts of God, natural disaster, civil unrest, governmental strike or area-wide or industry-wide labor disputes, inability to obtain services, labor, or materials or reasonable substitutes therefor, delays due to utility companies that are not the result of any action or inaction of Landlord, actual or threatened public health emergency (including, without limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other significant public health risk), governmental edicts, actions, declarations or quarantines by a governmental entity or health organization (including, without limitation, any shelter-in-place orders, stay at home orders or any restrictions on travel related thereto that preclude Tenant, its agents, contractors or its employees from accessing the Premises, national or regional emergency) (provided that any such delay in this item # shall not extend any such date by more than ninety (90) days).

Ground Lease. The Borrower will promptly notify the Agent in writing of any default by a Fee Owner in the performance or observance of any of the terms, covenants and conditions on the part of a Fee Owner to be performed or observed under a Ground Lease. The Borrower will promptly deliver to the Agent copies of all material notices, certificates, requests, demands and other instruments received from or given by a Fee Owner to Borrower or a Subsidiary Guarantor under a Ground Lease.

Omniox Lease. As of the Expansion Premises Commencement Date, the 4th full paragraph of Section 2 of the Lease is hereby deleted in its entirety and replaced with the following:

Net Lease. This shall be a net Lease and Base Rent shall be paid to Landlord net of all costs and expenses, except as specifically provided to the contrary in this Lease. The provisions for payment of Operating Expenses and the Operating Expense Reconciliation are intended to pass on to Tenant and reimburse Landlord for all costs and expenses of the nature described in Paragraph 4.1. incurred in connection with the ownership, management, maintenance, repair, preservation, replacement and operation of the Building and/or Project and its supporting facilities and such additional facilities now and in subsequent years as may be determined by Landlord to be necessary or desirable to the Building and/or Project.

New Lease. If ​ timely exercises ​’s Right to First Offer as set forth herein, then, ​ and ​ shall promptly thereafter execute a new lease on substantially the same terms and conditions of this Lease, the First Offer Notice and this Section 1.3, and the terms of the Declaration which are applicable to the First Offer Space (the

Modification of Lease. Should any current or prospective mortgagee or ground lessor for the Building or Project require a modification of this Lease, which modification will not cause an increased cost or expense to Tenant or in any other way change the rights and obligations of Tenant hereunder, then and in such event, Tenant agrees that this Lease may be so modified and agrees to execute whatever commercially reasonable documents are reasonably required therefor and to deliver the same to Landlord within ten (10) business days following a request therefor. At the request of Landlord or any mortgagee or ground lessor, Tenant agrees to execute a short form of Lease and deliver the same to Landlord within ten (10) business days following the request therefor.