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6A (2)
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08-16-12 Packet
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6A (2)
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11/1/2012 9:49:18 AM
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5.3. Late Charge. Any amount of Rent that is overdue shall bear interest at the lesser of: (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. Common Expenses. <br />a. Pro Rata Share. Tenant's "Pro Rata Share" shall be a fraction: (a) the numerator of which is the Floor <br />Area, as defined in Section 1.1; and (b) the denominator of which is the square footage of all areas <br />leasable to tenants in the Building. As of the Effective Date, Tenant's Pro Rata Share is 1,530/11,057 <br />or ten percent (10.87 %). Tenant's Pro Rata Share shall be re- calculated from time to time if either the <br />numerator or the denominator change. <br />b. Payment. Tenant shall pay to Landlord its Pro Rata Share of the Common Expenses, as hereinafter <br />defined (the "CAM Contribution "), which share shall equal the amount of all Common Expenses, <br />multiplied by Tenant's Pro Rata Share. The obligations of Tenant under this Section 5.4 shall survive <br />the Termination Date. <br />c. Common Expenses. "Common Expenses" shall mean all costs and expenses of every kind or nature <br />paid or incurred by Landlord during the Term in operating, managing and servicing the Building, <br />including, without limitation: (i) management fees; (ii) wages, salaries and benefits of maintenance <br />personnel (not to exceed the amount fairly and equitably allocated to the Building); (iii) charges under <br />maintenance contracts; (iv) costs and expenses to perform or provide maintenance or repairs and to <br />satisfy Landlord's obligation to operate, maintain and insure the Common Areas under this Lease; (v) <br />sewer, water and storm water drainage charges attributable to the Common Areas, and the costs to <br />maintain any retention and detention ponds and other stonn water drainage facilities; (vi) premiums for <br />customary insurance incurred by the Landowner including insurance, if any, obtained by the Landlord <br />to satisfy an obligation under this Lease; (vii) costs for signage located in the Common Areas, <br />including, without limitation, costs for light bulbs and electricity, and costs incurred with respect to any <br />exterior sign for the Building; (viii) costs and expenses to provide light, heat, air conditioning and <br />ventilation for the Common Areas; and (ix) depreciation or amortization of capital assets, <br />improvements, repairs or replacements (the "Amortized Capital Costs"). Tenant shall be responsible <br />for its Pro Rata Share of the Amortized Capital Costs, together with interest if not paid when due, <br />notwithstanding that the capital asset, improvement, repair or replacement may have been acquired or <br />made before the Commencement Date. Common Expenses shall not include: (1) any leasing or rental <br />commissions; (2) any legal fees in connection with financings or refinancings, preparation or <br />negotiation of leases, or exercising or enforcing Landlord's rights and remedies under leases; (3) any <br />costs of tenant improvements or build -outs; (4) any penalties or interest assessed against Landlord for <br />late payment of its indebtedness; or (5) payments of principal or interest required by any financing or <br />refinancing. Notwithstanding anything to the contrary set forth herein, amounts separately billed to, <br />and paid directly by, a tenant of the Building shall be deducted in calculating Common Expenses from <br />the costs and expenses that Landlord incurs to operate the Building. Common Expenses, including <br />Real Estate Tax Expenses and Insurance Expenses are currently estimated to be five dollars and 61/100 <br />($5.61) per square foot per year. <br />5.5. Meal Estate Tax Expenses. Tenant shall pay to Landlord, as Additional Rent, Tenant's Pro Rata Deleted: 1; <br />Share of (collectively, the "Tax Expenses "): (a) all real estate taxes and assessments of any nature levied during the <br />Term on, against, or with respect to the Building (the "Real Estate Taxes "): (b) any and all costs and expenses <br />incurred by Landlord in connection with an appeal of the Real Estate Taxes; and (c) all Real Estate Taxes levied <br />during the Term on, against, or with respect to Tenant's leasehold interest in the Premises. The obligations of <br />Tenant hereunder with respect to the payment of Real Estate Taxes levied during the final year of the Tenn shall <br />survive the Termination Date. <br />
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