HOLDOVER TENANCY SHALL BE ON AN ANNUAL BASIS AND
SHALL BE ADJUSTED ANNUALLY THEREAFTER IN THE EVENT THE HOLDOVER TENANCY EXTENDS
BEYOND A TWELVE MONTH PERIOD.
28.
PARTIAL INVALIDITY.
IF ANY TERM, COVENANT,
OR CONDITION OF THIS LEASE OR THE APPLICATION THEREOF TO ANY PERSON OR
CIRCUMSTANCES SHALL, TO ANY EXTENT, BE INVALID OR UNENFORCEABLE, THE REMAINDER
OF THIS LEASE, OR THE APPLICATION OF SUCH TERM, COVENANT, OR CONDITION TO
PERSONS OR CIRCUMSTANCES OTHER THAN THOSE AS TO WHICH IT IS HELD INVALID OR
UNENFORCEABLE, SHALL NOT BE AFFECTED THEREBY AND EACH TERM, COVENANT, OR
CONDITION OF THIS LEASE SHALL BE VALID AND BE ENFORCED TO THE FULLEST EXTENT
PERMITTED BY LAW.
29.
RECORD OF NOTICE OF LEASE.
LANDLORD AND
TENANT AGREE THAT TENANT SHALL HAVE THE RIGHT, AT TENANT'S OPTION AND EXPENSE,
TO RECORD A MEMORANDUM HEREOF, IN THE OFFICE OF THE APPROPRIATE GOVERNMENTAL
OFFICIAL SO AS TO GIVE RECORD NOTICE TO THE PUBLIC OF THE EXISTENCE OF TENANT'S
RIGHTS PURSUANT TO THIS LEASE.
LANDLORD AGREES TO EXECUTE SUCH DOCUMENTS AS MAY
BE NECESSARY TO FACILITATE THE RECORDING OF A MEMORANDUM THEREOF.
30.
BROKER'S COMMISSION.
LANDLORD AND TENANT
EACH AGREE TO BE RESPONSIBLE FOR BROKERAGE COMMISSIONS OR FINDER'S FEES IN
CONNECTION WITH THIS LEASE AS A RESULT OF ACTS OR AGREEMENTS BY EACH PARTY, AND
EACH PARTY AGREES TO INDEMNIFY THE OTHER AND HOLD IT HARMLESS FROM ANY AND ALL
LIABILITIES ARISING FROM ANY SUCH CLAIM (INCLUDING, BUT WITHOUT LIMITATION, THE
ACTUAL COSTS OF ATTORNEY FEES IN CONNECTION THEREWITH), SUCH AGREEMENT TO
SURVIVE THE TERMINATION OF THIS LEASE.
15
31.
CAM; INSURANCE; TAXES REIMBURSEMENT.
TENANT'S OBLIGATION UNDER THIS LEASE TO REIMBURSE LANDLORD FOR TENANT'S PRO-RATA
SHARE OF COMMON AREA MAINTENANCE, INSURANCE, AND REAL PROPERTY TAXES SHALL BE
PAID TO LANDLORD IN ACCORDANCE WITH THIS PARAGRAPH.
LANDLORD ESTIMATES THAT
TENANT'S ANNUAL PRO-RATA SHARE OF SUCH EXPENSES SHALL BE EQUAL TO $0.20/SQ. FT.
OF THE DEMISED PREMISES.
TENANT AGREES TO PAY ITS PRO-RATA SHARE THEREOF IN
ADVANCE IN TWELVE (12) EQUAL MONTHLY INSTALLMENTS, TOGETHER WITH THE PAYMENT OF
RENT.
IN THE EVENT THE AGGREGATE OF TENANT'S INSTALLMENTS DURING THE YEAR SHALL
BE LESS THAN THE AMOUNT OF SUCH EXPENSES DUE FROM TENANT, SUCH DEFICIENCY SHALL
BE PAID TO LANDLORD WITHIN THIRTY (30) DAYS AFTER DEMAND THEREOF. IN THE
ALTERNATIVE, LANDLORD SHALL CREDIT TENANT'S NEXT PAYMENT DUE WITH ANY
OVERPAYMENT ADJUSTMENT. LANDLORD SHALL PROVIDE TO TENANT ANNUALLY A COPY OF THE
TAX BILL AND A REASONABLY DETAILED BREAKDOWN OF THE PRO-RATION.
TENANT SHALL
HAVE THE RIGHT TO REQUEST DETAILED SUBSTANTIATION SATISFACTORY TO TENANT IN
TENANT'S SOLE DISCRETION OF ALL SUCH EXPENSES.
ANY PAYMENT NOT RECEIVED BY
LANDLORD WITHIN SUCH THIRTY (30) DAYS FROM THE INVOICE DATE SHALL ACCRUE
INTEREST OF 12% PER ANNUM UNTIL PAID IN FULL, PROVIDED THAT TENANT SHALL HAVE
THE RIGHT TO CONTEST SUCH INVOICE IN GOOD FAITH AND TO PAY ONLY SUCH AMOUNT AS
TENANT SHALL IN GOOD FAITH DEEM REASONABLE PENDING RESOLUTION OF THE DISPUTED
AMOUNT.
ANY AMOUNT SO WITHHELD BY TENANT SHALL ACCRUE INTEREST ONLY