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4, ARTICLE V.
<br />RENT.
<br />5.1. Rent. Commencing on the Commencement Date, Tenant shall pay to Landlord, in lawful United
<br />States currency without notice, demand, deduction, set -off, counterclaim or recoupment, and without relief from
<br />valuation or appraisement laws, the Base Rent, as set forth in Section 1.2, and the Additional Rent (as hereinafter
<br />dcfined) (collectively, the "Rent "). If the Commencement Date is not the first day of a calendar month, the Base
<br />Rent for that period from the Commencement Date to the date immediately preceding the first Lease Month shall be
<br />prorated at a rate based on the Base Rent for the first Lease Month. Base Rent and Additional Rent shall be paid in
<br />equal monthly installments commencing on the Commencement Date and thereafter during the entire Term on or
<br />before the first day of each calendar month, in advance. Tenant's obligations under this Section 5.1 shall survive the
<br />Termination Date.
<br />5.2. Additional Rent. Commencing on the Delivery Date, Tenant shall pay, as additional rent (the
<br />"Additional Rent "), all other sums, charges, and payments required to be paid by Tenant under this Lease, whether
<br />or not the same are designated as Additional Rent including, but not limited to, the Tax Expenses, Utility Charges
<br />(excepting such Utility Charges attributable to the Premises from the Delivery Date to the Landlord's Work
<br />Completion Date), and Disposal Charges. If any sum or charge is not paid at the time provided in this Lease, then it
<br />shall be collectible as Additional Rent with the next monthly installment of Base Rent; provided that nothing
<br />contained herein shall be deemed to suspend or delay the payment of such sum or charge, or to limit any right or
<br />remedy of Landlord with respect to its nonpayment.
<br />5.3. Late Charge. Any amount of Rent that is overdue shall bear interest at the lesser o£ (a) the
<br />maximum rate payable by Tenant under State law; or (b) the rate of eighteen percent (18 %) per annum from the date
<br />when such amount is due and payable under this Lease until the date paid. If any amount of Rent is paid more than
<br />five (5) days after its due date, then Landlord shall be entitled to a late payment fee of One Hundred Dollars
<br />($100.00) in addition to the interest charge set forth in this Section 5.3.
<br />5.4. Tax Expenses. Tenant shall pay to Landlord, as Additional Rent, an estimate of all taxes and
<br />assessments of any nature levied or assessed from the Delivery Date through the Term, on, against, or with respect
<br />to the Building as a result of Tenant's occupancy or business of the Premises (the "Taxes "). The Tenant shall pay
<br />all such Additional Rent pursuant to Section 5. 1, with the estimated Taxes for the period from the Delivery Date to
<br />the Commencement Date being due on the Commencement Date. After the close of each tax year during the Term,
<br />Landlord shall deliver to Tenant a written statement setting forth the actual Taxes allocable to the Premises for the
<br />preceding tax year. If the estimated payments made by Tenant are less than the actual Taxes allocable to the
<br />Premises, Tenant shall pay the difference to Landlord within twenty (20) business days after delivery of Landlord's
<br />written statement to Tenant. If the Delivery Date or the date on which the Term ends is on a day other than the
<br />beginning or end of a tax year, Tenant's liability for the Taxes shall be prorated on a per diem basis with reference to
<br />the tax year. Tenant shall also pay to Landlord, as Additional Rent, any and all costs and expenses incurred by
<br />Landlord in connection with an appeal of the Taxes (which expenses with the Taxes shall be referred to as "Tax
<br />Expenses "). The Tenant shall properly pay any tax levied on, against or with respect to Tenant's leasehold interest
<br />in the Premises and any sales, income or other taxes or assessments, which if not properly paid, may cause
<br />encumber (x) the Premises, (y) its improvements or equipment the removal of which may cause damage to the
<br />Premises, or (z) any removable equipment or assets of the Tenant in a manner that may significantly affect the
<br />Tenant's meet its obligations under this Lease. The provisions of this Section 5.4 and obligations of Tenant
<br />hereunder shall survive the Termination Date.
<br />5.5. Utilities. Commencing on the Landlord's Work Completion Date, Tenant shall: (a) promptly pay
<br />all charges for sewer, water, gas, electricity, telephone, and other utility services used in, on, at, or from, the
<br />Premises beginning as of the Delivery Date (all of which utilities shall be separately metered to the Premises or
<br />estimated as to Tenant's portion) (the "Utility Charges "); and (b) deliver to Landlord, upon demand, receipts or other
<br />satisfactory evidence of payment of the Utility Charges or if paid by Landlord such charges shall be paid by Tenant
<br />to Landlord as Additional Rent.
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<br />F. 0,4TAISFIAREV egaAWpdatalSEPTconomic Lievetopmentk8illie's1State CafelState Cafe Lease (version 5).doc
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