UPON THE BUILDING,
ITS OPERATION OR THE RENT PROVIDED FOR IN THIS LEASE AGREEMENT.
Lessee understands that Lessee's pro rata share has been arrived at by dividing
the number of rentable square feet in the Leased Premises by the total rentable
square feet available in the Building.
Lessee shall pay in advance, together
with payment of Monthly Base Rent, its pro rata share of all Operating Expenses.
2001 estimated operating expenses are $4.97 per square foot.
Within one-hundred and twenty (120) days of the end of each calendar year during
the term of this Lease Agreement, or any extensions or renewals thereof, Lessor
shall furnish Lessee, upon Lessee's request, a statement detailing the actual
costs incurred by Lessor during the preceding calendar year, at which time an
appropriate adjustment will be made if such figures are different than the
estimated payment made by Lessee throughout the preceding calendar year.
5.
SECURITY DEPOSIT.
UPON THE DATE HEREOF, LESSEE SHALL PAY TO
LESSOR THE AMOUNT OF $0.00, OF WHICH WILL BE HELD AS A SECURITY DEPOSIT TO
GUARANTEE THE PAYMENT OF RENT AND THE PERFORMANCE OF ALL THE TERMS OF THIS
AGREEMENT.
UPON THE OCCURRENCE OF ANY DEFAULT BY LESSEE OR LATE PAYMENT, LESSOR
MAY USE SAID SECURITY DEPOSIT TO THE EXTENT NECESSARY TO MAKE GOOD ANY ARREARAGE
OF RENT OR ANY OTHER EXPENSE.
ANY REMAINING BALANCE OF SAID SECURITY DEPOSIT
SHALL BE RETURNED TO LESSEE UPON COMPLIANCE WITH THE TERMS HEREIN AND ACCEPTANCE
OF THE VACATED PREMISES BY LESSOR.
LESSEE UNDERSTANDS THAT ITS LIABILITY IS NOT
LIMITED TO THE AMOUNT OF THE SECURITY DEPOSIT AND USE OF SUCH DEPOSIT BY LESSOR
SHALL NOT CONSTITUTE A WAIVER, BUT IS IN ADDITION TO OTHER REMEDIES AVAILABLE TO
LESSOR UNDER THIS AGREEMENT AND LAW.
UPON THE USE OF ALL OR PART OF THE
SECURITY DEPOSITS TO CURE DEFAULTS OF LESSEE, LESSEE SHALL FORTHWITH DEPOSIT
WITH LESSOR THE AMOUNT OF THE SECURITY DEPOSIT SO USED.
6.
OCCUPANCY.
LESSOR AGREES TO DELIVER THE PREMISES IN A SAFE,
BROOM CLEAN AND USABLE CONDITION, IN COMPLIANCE WITH ALL APPLICABLE BUILDING
CODES.
IN THE EVENT LESSEE IS PREVENTED FROM OCCUPYING THE PREMISES AT THE
START OF THE ABOVE TERM DUE TO DELAYS BY LESSOR, THE COMMENCEMENT AND
TERMINATION DATES OF THIS LEASE AGREEMENT WILL BE EXTENDED ONE DAY FOR EACH DAY
OCCUPANCY IS DELAYED.
UNDER NO CIRCUMSTANCES WILL THE LEASE TERM BE REDUCED.
LESSEE SHALL HAVE ACCESS TO THE SPACE AS OF AUGUST 1, 2001 FOR SPACE PLANNING
AND CONSTRUCTION PURPOSES.
7.
UTILITIES.
LESSEE SHALL PAY FOR ALL UTILITIES, INCLUDING GAS,
ELECTRICITY, WATER, SEWER AND TELEPHONE SERVICES FOR THE LEASED PREMISES DURING
THE TERM OF THE AGREEMENT.
IT IS UNDERSTOOD BY LESSEE AND LESSOR THAT LESSEE'S
ELECTRICAL METER IS SHARED BY SUITE 11; FURTHERMORE, LESSEE AGREES TO PAY THE
MONTHLY SERVICE BILLS, KEEP TRACK OF THE ANNUAL EXPENSES AND WILL SUBMIT FOR
REIMBURSEMENT AT THE END OF EACH CALENDAR YEAR, AS LONG AS SUITE 11 IS
OCCUPIED.
SUITE 11 CONSISTS OF 1,344 SQUARE FEET, AND LESSEE WILL BE REIMBURSED