Swamp Creek & Western Railroad Association 5/25/2023

(a) If Landlord cannot deliver possession of the Leased Premises for any reason at the commencement of the Term, such non-delivery will not (i) cause Landlord liability for damages, (ii) cause the Lease to become void or voidable, or (iii) cause the Term to be extended. However, in such event Tenant will not be liable for rent until Landlord can deliver possession, and if possession is delayed by over ninety(90)days,Tenant may terminate this Lease by written notice to Landlord, so long as the written notice is delivered to Landlord prior to delivery of possession of the Leased Premises to Tenant. (b) The Lease may be terminated by Landlord pursuant to its Special Termination Right set forth in Section 1 above, in addition to any other termination rights that may be contained in this Lease. 4. RENT. During the term of this Lease, Tenant shall pay the Base Rent by the first day of each calendar month of the Term to: Treasurer City of Everett 2930 Wetmore Avenue Everett, WA 98201 or such other place as Landlord may from time to time designate in writing. Tenant shall also pay to Landlord items described as "Additional Rent" in this Lease, including, without limitation, Leasehold Excise Tax (as defined below). If any rent is, at any time, five (5) or more days past due, Tenant shall pay a late charge equal to ten percent (10%) of the past due rent. In addition, interest will accrue on the past due amount from the date due until paid in full at a per annum rate,which is the lesser of the highest interest rate permitted by applicable law or twelve percent (12%) per annum (the "Default Rate"). Tenant shall make all rent payments without deduction or offset. Rent for partial months, if any occur, will be prorated. During the two-year period from the Commencement Date, rent shall not increase. Thereafter, rent shall increase by a rate of 3% per year beginning on the three-year anniversary of the Commencement Date. For example, if the Commencement Date is June 1, 2023, rent shall not increase until June 1, 2025. For any partial month of occupation,Tenant shall pay rent at a per diem rate based on the current monthly rent. 5. USE. Tenant shall use the Leased Premises only for the Approved Use stated in Section 1. Tenant shall not use or permit the use of the Leased Premises for any other use without the prior written consent of Landlord, which may be withheld at Landlord's sole discretion. Tenant shall abide by the rules and regulations governing the Leased Premises or the Building that may be made by Landlord from time to time, including, without limitation, those described in Section 1 above. Tenant shall use reasonable methods to induce customers, clients and all persons invited by Tenant to observe such rules and regulations. 3