FIRST DAY OF THE FIRST FULL MONTH DURING WHICH THIS LEASE IS
IN FULL FORCE AND EFFECT AND OF EACH FULL TWELVE (12) MONTH PERIOD THEREAFTER
IF THE COMMENCEMENT DATE OF THIS LEASE, AS PROVIDED AFORESAID, IS A DAY NOT
the first day of the month, the first lease year shall consist of the remainder
of that first month and the first full twelve (12) months thereafter.
3.
RENT.
(A)
DURING THE TERM OF THIS LEASE, TENANT SHALL
PAY LANDLORD THE ANNUAL MINIMUM RENT IN EQUAL MONTHLY INSTALLMENTS.
TO THE
EXTENT THAT THE ACTUAL RENTABLE FLOOR AREA OF THE PREMISES IS DIFFERENT FROM THE
AREA SHOWN ON THE SUMMARY, AS CERTIFIED BY LANDLORD'S ARCHITECT, THE ANNUAL
MINIMUM RENT SHALL BE ADJUSTED ACCORDINGLY.
(B)
ALL RENT SHALL BE PAYABLE IN ADVANCE,
WITHOUT DEMAND, ON THE FIRST DAY OF EACH CALENDAR MONTH DURING THE TERM OF THIS
LEASE, EXCEPT THE FIRST MONTHLY INSTALLMENT SHALL BE PAID UPON THE SIGNING OF
THIS LEASE.
THE FIRST AND LAST MONTHLY PAYMENTS SHALL BE PRORATED ON A PER DIEM
BASIS FOR ANY PERIOD LESS THAN A FULL CALENDAR MONTH.
(C)
ALL RENT AND ADDITIONAL RENT SHALL BE
PAYABLE WITHOUT ANY DEDUCTION, OFFSET OR COUNTERCLAIM.
ALL RENT AND ADDITIONAL
RENT DUE HEREUNDER SHALL BE PAYABLE IN IMMEDIATELY AVAILABLE FUNDS AT LANDLORD'S
ADDRESS SET FORTH IN THE SUMMARY OR AT SUCH OTHER PLACE AS MAY BE DESIGNATED BY
LANDLORD.
(D)
TENANT SHALL ALSO PAY AS RENT ANY SUMS WHICH
MAY BECOME DUE BY REASON OF THE FAILURE OF TENANT TO COMPLY WITH ANY COVENANTS
OF THIS LEASE AND ANY DAMAGES, COSTS, EXPENSES AND REASONABLE ATTORNEYS' FEES
WHICH LANDLORD MAY INCUR BY REASON OF ANY FAILURE ON TENANT'S PART TO COMPLY
WITH ANY COVENANTS OF THIS LEASE.
(E)
TENANT SHALL PAY A LATE CHARGE AT THE RATE
OF FIVE PERCENT (5%) ON EACH DOLLAR OF RENT, OR ANY OTHER SUM COLLECTIBLE AS
RENT UNDER THIS LEASE, WHICH IS NOT PAID WITHIN TEN (10) DAYS AFTER THE SAME IS
DUE.
(F)
THIS LEASE SHALL BE DEEMED AND CONSTRUED
TO BE A "NET-NET-NET" LEASE, SO THAT THE ANNUAL MINIMUM RENT PROVIDED FOR HEREIN
SHALL BE AN ABSOLUTE NET RETURN TO LANDLORD THROUGHOUT THE TERM OF THIS LEASE,
FREE OF ANY EXPENSE, CHARGE OR OTHER DEDUCTION WHATSOEVER, WITH RESPECT TO THE
PREMISES AND/OR THE OWNERSHIP, LEASING, OPERATION, MAINTENANCE, REPAIR,
REBUILDING, USE OR OCCUPATION THEREOF, OR OF ANY PORTION THEREOF, OR WITH
RESPECT TO ANY INTEREST OF LANDLORD THEREIN, EXCEPT AS MAY BE EXPRESSLY PROVIDED
FOR OTHERWISE HEREIN.
4.
TENANT'S SHARE OF EXPENSES.
(A)
IN ADDITION TO THE PAYMENT OF ANNUAL
MINIMUM RENT AS PROVIDED HEREIN, TENANT SHALL PAY AS ADDITIONAL RENT HEREUNDER
ITS PROPORTIONATE SHARE (AS DESCRIBED IN PARAGRAPH 4(C)) OF ALL EXPENSES (AS
HEREINAFTER DEFINED) INCURRED DURING EACH CALENDAR YEAR OF THE TERM OF THIS
LEASE, AS PROVIDED HEREIN.
FOR PURPOSES HEREOF, "EXPENSES" SHALL MEAN ALL REAL
ESTATE TAXES, REAL
ESTATE ASSESSMENTS, INSURANCE PREMIUMS (OTHER THAN TENANT'S
LIABILITY INSURANCE), AND OTHER COSTS AND EXPENSES OF EVERY TYPE AND CHARACTER
INCURRED