Rosetta Stone 2014 Annual Report Download - page 142

otherwise inhibit the work being performed in the Sub-Subleased Premises by Sub-Sublandlord or Sub-Sublandlord’s agents or
employees. Sub-Sublandlord shall have no responsibility with respect to any items placed in the Sub-Subleased Premises by Sub-
Subtenant or any Invitee prior to the Sub-Sublease Commencement Date. Sub-Subtenant shall reimburse Sub-Sublandlord, within
thirty (30) days after invoice, all costs actually incurred by Sub-Sublandlord associated with Sub-Subtenant’s access during the Early
Access Period, including (i) costs which are billed to Sub-Sublandlord by Sublandlord, including, without limitation, engineering
charges or overtime/extra hours service charges associated with non-business hour access to the Building, if any, and (ii) costs incurred
by Sub-Sublandlord in repairing or replacing any damage to the Sub-Subleased Premises required to be repaird by Sublandlord under
the Sublease or (iii) costs incurred by Sub-Sublandlord in repairing or replacing damage to any property or equipment located therein
and required to be repaired by Sublandlord under the Sublease, which damage, in the case of (ii) and (iii) above, was caused by Sub-
Subtenant or its Invitees. Notwithstanding anything in this Sub-Sublease to the contrary, all of the provisions of this Sub-Sublease
(including, without limitation, all insurance, indemnity and utility provisions) shall apply during the Early Access Period, except that
during such period Sub-Subtenant shall not be obligated to pay Rent.
(c)  Sub-Subtenant shall have the right to terminate this Sub-Sublease (the 
) in accordance with the provisions set forth in this subsection (c). Sub-Subtenant may exercise the Termination Option by
delivering written notice of termination (the ) to Sub-Sublandlord not later than six (6) months prior to
the Termination Date (hereinafter defined), which Termination Date shall be set forth in the Termination Option Notice. In the event
that Sub-Subtenant delivers the Termination Option Notice to Sub-Sublandlord, this Sub-Sublease shall terminate as of the
Termination Date, and, thereafter, the parties shall have no further rights or obligations pursuant to this Sub-Sublease except those
obligations that expressly survive termination hereunder. As used herein, the term “” shall mean the date set forth in
the Termination Option Notice, which date shall be not earlier than December 31, 2017. There shall be no fee or payment of any kind
due from Sub-Subtenant in connection with the Termination Option. On the Termination Date, Sub-Subtenant shall vacate and
surrender the Sub-Subleased Premises to Sub-Sublandlord in the condition required by this Sub-Sublease upon expiration.
4. .
(a)  Beginning on the Sub-Sublease Rent Commencement Date, and throughout the Sub-
Sublease Term, Sub-Subtenant shall pay to Sub-Sublandlord, as base sub-subrent hereunder, an annual rental ( 
) for each Sub-Sublease Year in an amount set forth below, which Annual Base Sub-Subrent shall increase as set forth
below. For all purposes of this Sub-Sublease, the term  shall mean, with respect to the first Sub-Sublease Year,
the period commencing on the Sub-Sublease Rent Commencement Date and ending at midnight on the last day of the twelfth (12th)
full calendar month after the Sub-Sublease Rent Commencement Date, and, with respect to future Sub-Sublease Years, the one year
periods ending on the anniversary of such date thereafter. Annual Base Sub-Subrent through the Sub-Sublease Term shall be as
follows: