6.B.(1) Lease with Spark Design Studio

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time provided in this Lease, then it shall be collectible as Additional Rent with the next monthly installment of Basic Rent; provided that nothing contained herein shall be deemed to suspend or delay the payment of such sum or charge, or to limit any right or remedy of Landlord with respect to its nonpayment. 5.3. Late Charge. Any amount of Modified Gross Rent that is overdue shall bear interest at the lesser of: (a) the maximum rate payable by Tenant under State law; or (b) the rate of eighteen percent (18 %) per annum from the date when such amount is due and payable under this Lease until the date paid. If any amount of Modified Gross Rent is paid more than five (5) days after its due date, then Landlord shall be entitled to a late payment fee of One Hundred Dollars ($100.00) in addition to the interest charge set forth in this Section 5.3. 5.4. Common Expenses. (a) Pro Rata Share. Tenant's "Pro Rata Share" shall be a fraction: (a) the numerator of which is the Floor Area, as defined in Section 1.1; and (b) the denominator of which is the square footage of all areas leasable to tenants in the Building. As of the Effective Date, Tenant's Pro Rata Share is 1,423/11057 or 11,81 percent (11.81 %). Tenant's Pro Rata Share shall be re- calculated from time to time if either the numerator or the denominator change. (b) Payment. Tenant shall pay to Landlord as a portion of the Modified Gross Rent its Pro Rata Share of the Common Expenses, as hereinafter defined (the "CAM Contribution"), which share shall equal the amount of all Common Expenses, multiplied by Tenant's Pro Rata Share. The obligations of Tenant under this Section 5.4 shall survive the Termination Date. (c) Common Expenses. "Common Expenses" shall mean all costs and expenses of every kind or nature paid or incurred by Landlord during the Term in operating, managing and servicing the Building, including, without limitation: (i) management fees; (ii) wages, salaries and benefits of maintenance personnel (not to exceed the amount fairly and equitably allocated to the Building); (iii) charges under maintenance contracts; (iv) costs and expenses to perform or provide maintenance or repairs and to satisfy Landlord's obligation to operate, maintain and insure the Common Areas under this Lease; (v) sewer, water and storm water drainage charges attributable to the Common Areas, and the costs to maintain any retention and detention ponds and other storm water drainage facilities; (vi) premiums for customary insurance incurred by the Landowner including insurance, if any, obtained by the Landlord to satisfy an obligation under this Lease; (vii) costs for signage located in the Common Areas, including, without limitation, costs for light bulbs and electricity, and costs incurred with respect to any exterior sign for the Building; (viii) costs and expenses to provide light, heat, air conditioning and ventilation for the Common Areas; and (ix) depreciation or amortization of capital assets, improvements, repairs or replacements (the "Amortized Capital Costs "). Tenant shall be responsible for its Pro Rata Share of the Amortized Capital Costs, together with interest if not paid when due, notwithstanding that the capital asset, improvement, repair or replacement may have been acquired or made before the Commencement Date. Common Expenses shall not include: (1) any leasing or rental commissions; (2) any legal fees in connection with financings or refinancings, preparation or negotiation of leases, or exercising or enforcing Landlord's rights and remedies under leases; (3) any costs of tenant improvements or build -outs; (4) any penalties or interest assessed against Landlord for late payment of its indebtedness; or (5) payments of principal or interest required by any financing or refinancing. Notwithstanding anything to the contrary set forth herein, amounts separately billed to, and paid directly by, a tenant of the Building shall be deducted in calculating Common Expenses from the costs and expenses that Landlord incurs to operate the Building. 5.5. Real Estate Tax Expenses. Tenant shall pay to Landlord, as Additional Rent, Tenant's Pro Rata Share of (collectively, the "Tax Expenses "): (a) all real estate taxes and assessments of any nature levied during the Term on, against, or with respect to the Building (the "Real Estate Taxes "); (b) any and all costs and expenses incurred by Landlord in connection with an appeal of the Real Estate Taxes; and (c) all Real Estate Taxes levied during the Term on, against, or with respect to Tenant's leasehold interest in the Premises. The obligations of Tenant hereunder with respect to the payment of Real Estate Taxes levied during the final year of the Term shall survive the Termination Date.