(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 BY LANDLORD IN OPERATING AND MAINTAINING THE BUILDING AND THE LAND (OR
PORTION OF THE LAND RELATING TO THE BUILDING), INCLUDING WITHOUT LIMITATION, THE
COMMON AREAS THEREOF, ALL FIXTURES AND EQUIPMENT THEREIN OR THEREON, WATER AND
SEWER CHARGES AS METERED, REPAIR AND MAINTENANCE OF FIXTURES, EQUIPMENT AND
UTILITY SYSTEMS RELATING TO THE PREMISES, JANITORIAL SERVICES (IF ANY) PROVIDED
TO TENANT, TRASH REMOVAL COSTS PERTAINING TO THE BUILDING, GRASS CUTTING,
LANDSCAPE MAINTENANCE, SNOW REMOVAL AND PARKING AREA REPAIR, MAINTENANCE,
REPAYING, CLEANING AND STRIPING, COSTS OF LIGHTING THE PARKING AREA, AND ALL
FEES, CHARGES AND EXPENSES IMPOSED OR ASSESSED AGAINST THE BUILDING AND ITS
OWNER(S) BY ANY APPLICABLE OWNERS ASSOCIATION.
EXPENSES SHALL BE PRE-PAID ON A
MONTHLY BASIS DURING EACH CALENDAR YEAR OF THE TERM OF THIS LEASE AS PROVIDED
HEREIN.
ATTACHED HERETO AS EXHIBIT "B" AND MADE A PART HEREOF IS THE CURRENT
BUDGET ESTIMATE AND OPERATING DESCRIPTION FOR
2
THE OPERATION OF THE BUILDING AND THE LAND.
ALL ITEMS ON THE BUDGET SHALL BE
INCLUDED AS EXPENSES, BUT OTHER EXPENSES MAY BE INCURRED FROM TIME TO TIME.
(B)
FOR PURPOSES HEREOF, "EXPENSES" SHALL