Rider attached to and made part of lease dated as of the 15


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RIDER ATTACHED TO AND MADE PART OF LEASE DATED AS OF THE 15th of OCTOBER OF-2022 BY AND BETWEEN, 168 TANDEM LLC, AS LANDLORD, AND CHARM SEASON INCAS TENANT, COVERING the 1st Floor of the building located at 131-3 Fowler Avenue, Flushing, NY.

Wherever the terms, covenants, and conditions contained in the printed portion of this Lease shall be in conflict with any of the terms, covenants and conditions in the Additional Clauses follow, the Additional Clauses shall prevail.


40. DEFINITIONS AND CAPTIONS:
The captions, numbers, and definitions herein are inserted only as a matter of convenience and are not intended to define, limit, construe or describe the scope or intent of any paragraph, nor in any way affect this Lease. In conjunction herewith, the defined term "Landlord" as used in this Rider shall be deemed to be one and the same as the defined term "Owner" as used in the printed portion of this Lease,

41. ANNUAL RENT:

A. The Annual Fixed Rent under this Lease shall be as follows:

Year Monthly Annual


1 $16,500.00 $198,000.00
2 $16,995.00 $203,540.00
3 $17,504.85 $210,058.00
4 $18,030.00 $216.359.95
5 $18,570.50 $222,850.74

B. This Lease shall commence on October 15, 2022 The parties hereto agree to promptly execute and deliver to each other a letter, prepared by Landlord, confirming the date of the Commencement of this Lease (the "Commencement"), the dates on which the Fixed Annual Rent shall escalate and the termination date of this Lease. In the event that the Commencement of this Lease is on other than the first day of a month, then the number of days of such partial month shall be added at the beginning of the term of this Lease and Tenant shall, on or prior to the Commencement of this Lease, pay to Landlord Fixed Annual Rent for such partial month per w and the first month's rent paid herewith shall then be applied to the payment of the first full month's rent due after the Commencement. Landlord will waive the first three (3) months’ rent. Tenant is responsible to amend the Certificate of Occupancy to comply with its intended use.


One-time optional extension period of 5 years.

Optional Year Term Month Yearly

To be based on the then market rent but not less than year 5 rent plus three (3%) annual increases with the first year of the one-time option to be three (3%) higher than the last year of year 5.
42. REAL ESTATE TAX:
A. Certain Definitions. For all purposes of this Lease:
(1) the term "Real Estate Taxes" shall mean all real estate taxes (including, without limitation, so called BID taxes), assessments and special assessments imposed upon the Property,
(2) the term "Base Tax Year" shall mean the fiscal year with respect to which 2022/2023
Real Estate Taxes are levied by the taxing authority:
(3) the term "Tenant's Pro Rata Share" shall mean Forty (40%) percent. If, at any time during the Term, the methods of taxation prevailing as of the date of this Lease shall be altered so that, in lieu of, or as a substitute for, the whole or any part of the taxes, assessments, levies, impositions, or charges now levied, assessed, or imposed on real estate and the improvements thereon, there shall be levied, assessed, or imposed:
(4) a tax, assessment, levy, imposition, or charge wholly or partially as a capital levy or otherwise on the rents received therefrom;
(5) a tax, assessment, levy, imposition, or charge measured by, or based in whole or in part upon, the Premises and imposed upon Landlord; or
(6) a license fee measured by the rent payable by Tenant to Landlord, then all such taxes, assessments, levies, impositions, or charges, or the part thereof as so measured or based, shall be deemed to be included with the term of Real Estate Taxes for the purposes hereof. However, except to the extent provided in the immediately preceding sentence, Real Estate Taxes shall not include any franchise, income, corporate, profit, estate, inheritance, succession, gift, transfer, mortgage, recording, or other such taxes, or any other capital levies, that are, or maybe, imposed upon Landlord, the Property, or any revenue derived therefrom. Additionally, in no event shall Real Estate Taxes include water or sewer rent, or any amounts attributable to any increase in the

assessment of the Property by reason of improvements made by anyone other than Tenant. In the event that any Real Estate Taxes shall be payable, or shall be subject to conversion so that the same may be payable, in annual or other periodic installments, the Additional Rent payable by Tenant to Landlord hereunder on account of such Real Estate Taxes shall be computed on such a basis as if such Real Estate Taxes were payable, or converted so that the same are payable, in installments over the longest period available. Any of such installments that shall fall due after the expiration of the Term shall not be included within the term Real Estate Taxes for purposes hereof. In the event that the amount of Real Estate Taxes actually payable by Landlord for any Tax Year shall be transitional in nature, or otherwise less than the full amount of the Real Estate Taxes assessed against the Property, the amount of the Real Estate Taxes for purposes of this Lease shall be deemed to be the full amount of the Real Estate Taxes assessed against the Property.


B. Tenant's Payment Obligation. Tenant shall pay to Landlord as and when hereinafter set forth, as Additional Rent for each Tax Year occurring during the Term, an amount (herein called Tenant's Tax Payment") equal to Tenant's Pro Rata Share of the amount by which the Real Estate Taxes for each Tax Year increases over the Base year, From time to time during the Term, Landlord shall give written notice to Tenant, advising Tenant of the amount of the Real Estate Taxes becoming due to the taxing authority for the then current Tax Year, each of which notices shall be accompanied by a copy of the tax bill in question and a calculation of the amount of Tenant's Tax Payment (if any) becoming due to Landlord with respect to such Tax Year. Tenant shall pay such amount to Landlord on or before the later to occur of
(1) ten (10) days after receipt of such notice, and
(2) fifteen (15) days prior to the last day upon which such Real Estate Taxes (or, if applicable, each installment payable on account thereof) may be paid to the taxing authority
without interest or penalty.
Tenant will be required to pay any penalty, interest, or cost occurring by reason of its failure to pay Real Estate Taxes on or before the due date thereof. If the Term shall begin or end during a Tax Year, Tenant's Tax Payment shall be duly prorated based upon the actual number of days in such Tax Year. Landlord may invoice Tenant for Real Estate Taxes in advance of the actual due date (e.g. 1/12 of the annual real estate taxes each month).

C. Real Estate Tax Protests. Landlord shall have the absolute right to seek reductions in the assessed valuation of the Property or any portion thereof (including, without limitation, any improvement) or to contest any Real Estate Taxes that have been paid, or are to be paid, in connection therewith. However, Tenant may, at any time, seek such a reduction or bring such a contest if Landlord shall fail to do so within thirty (30) days after Tenant shall so request in writing. Landlord shall cooperate with Tenant in all reasonable respects in connection with any action or proceeding commenced by Tenant pursuant to this Section 5.1.3, provided, however, that Landlord shall not be obligated to incur any out of pocket cost or expense (as opposed to
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