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5.3. Late Charge. Any amount of Modified Gross Rent that is overdue shall bear interest at the lesser
<br />of. (a) the maximum rate payable by Tenant under State law; or (b) the rate of eighteen percent (18 %) per annum
<br />from the date when such amount is due and payable under this Lease until the date paid. If any amount of Modified
<br />Gross Rent is paid more than five (5) days after its due date, then Landlord shall be entitled to a late payment fee of
<br />One Hundred Dollars ($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
<br />Floor Area, as defined in Section 1.1; and (b) the denominator of which is the square footage of all areas leasable to
<br />tenants in the Building. As of the Effective Date, Tenant's Pro Rata Share is 1,106/11,057 or 10.00 percent
<br />(10.00 %). Tenant's Pro Rata Share shall be re- calculated from time to time if either the numerator or the
<br />denominator changes.
<br />(b) lament. Tenant shall pay to Landlord as a portion of the Modified Gross Rent its Pro Rata Share
<br />of the Common Expenses, as hereinafter defined (the "CAM Contribution "), which share shall equal the amount of
<br />all Common Expenses, multiplied by Tenant's Pro Rata Share. The obligations of Tenant under this Section 5.4
<br />shall survive the Termination Date.
<br />(c) Common Expenses. "Common Expenses" shall mean all costs and expenses of every kind or
<br />nature paid or incurred by Landlord during the Term in operating, managing and servicing the Building, including,
<br />without limitation: (i) management fees; (ii) wages, salaries and benefits of maintenance personnel (not to exceed
<br />the amount fairly and equitably allocated to the Building); (iii) charges under maintenance contracts; (iv) costs and
<br />expenses to perform or provide maintenance or repairs and to satisfy Landlord's obligation to operate, maintain and
<br />insure the Common Areas under this Lease; (v) sewer, water and storm water drainage charges attributable to the
<br />Common Areas, and the costs to maintain any retention and detention ponds and other storm water drainage
<br />facilities; (vi) premiums for customary insurance incurred by the Landowner including insurance, if any, obtained by
<br />the Landlord 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 exterior sign
<br />for the Building; (viii) costs and expenses to provide light, heat, air conditioning and ventilation for the Common
<br />Areas; and (ix) depreciation or amortization of capital assets, improvements, repairs or replacements (the
<br />°Amortized Capital Costs "). Tenant shall be responsible for its Pro Rata Share of the Amortized Capital Costs,
<br />together with interest if not paid when due, notwithstanding that the capital asset, improvement, repair or
<br />replacement may have been acquired or made before the Commencement Date. Common Expenses shall not
<br />include: (1) any leasing or rental commissions; (2) any legal fees in connection with financings or refinancings,
<br />preparation or 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 late payment
<br />of its indebtedness; or (5) payments of principal or interest required by any financing or refinancing.
<br />Notwithstanding anything to the contrary set forth herein, amounts separately billed to, and paid directly by, a tenant
<br />of the Building shall be deducted in calculating Common Expenses from the costs and expenses that Landlord incurs
<br />to operate the Building.
<br />5.5. Real Estate Tax Expenses. Tenant shall pay to Landlord, as Additional Rent, Tenant's Pro Rata
<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 Term shall
<br />survive the Termination Date.
<br />5.6. Insurance Expenses. Tenant shall pay to Landlord, as Additional Rent its Pro Rata Share of any
<br />and all costs incurred by Landlord in connection with the Casualty Insurance, as defined in Section 8.1, and the
<br />Liability Insurance, as defined in Section 8.1, including, but not limited to, all premiums and deductibles paid by
<br />Landlord (collectively, the "Insurance Expenses ").
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