HEREOF.
SECTION 3.8
NO JOINT VENTURE.
THE FIXING OF A PORTION OF THE CHARGES
TO BE PAID BY TENANT WITH REFERENCE TO A PERCENTAGE OF LOBBY SUBLEASE SPACE
ADJUSTED GROSS REVENUES SHALL NOT CAUSE EITHER PARTY HERETO TO BE DEEMED TO BE A
PARTNER OR AN ASSOCIATE IN BUSINESS WITH, OR RESPONSIBLE IN ANY WAY FOR THE
BUSINESS OF, THE OTHER PARTY HERETO.
LANDLORD, IN ITS CAPACITY AS LANDLORD
HEREUNDER, AND TENANT FURTHER AGREE THAT THEY ARE NOT PARTNERS OR JOINT
VENTURERS AND THAT THEY DO NOT STAND IN ANY FIDUCIARY RELATIONSHIP ONE TO THE
OTHER.
SECTION 3.9
ALL CHARGES TREATED AS RENT.
ALL PILOT, PILOMRT,
PERCENTAGE RENT, THEATER SURCHARGE, OVERDUE PAYMENTS, AND OTHER CHARGES, FEES
AND OTHER AMOUNTS PAYABLE BY TENANT UNDER THIS LEASE SHALL CONSTITUTE CHARGES
AND, IN THE EVENT OF THE NON-PAYMENT BY TENANT OF ANY OF THE SAME WHEN DUE
ACCORDING TO THE PROVISIONS OF THIS LEASE, LANDLORD SHALL HAVE THE SAME RIGHTS
AND REMEDIES IN RESPECT THEREOF AS WOULD BE AVAILABLE TO LANDLORD IF CHARGES
WERE RENT.
IT IS EXPRESSLY AGREED BY THE PARTIES HERETO THAT NO FIXED RENT IS
PAYABLE UNDER THIS LEASE.
MOREOVER, NO CHARGES OR OTHER AMOUNTS ARE PAYABLE
PURSUANT TO THIS ARTICLE III FOR ANY PERIOD PRIOR TO THE LEASE ASSIGNMENT DATE.
SECTION 3.10
PAYMENTS.
ALL PAYMENTS OF CHARGES AND OTHER SUMS REQUIRED
TO BE PAID HEREUNDER TO LANDLORD SHALL BE IN LAWFUL MONEY OF THE UNITED STATES
OF AMERICA AND SHALL BE PAID TO THE COLLECTION AGENT AT THE ADDRESS DESIGNATED
THEREFOR, OR TO SUCH OTHER PERSON AND/OR AT SUCH OTHER PLACE AS LANDLORD AND THE
CITY MAY JOINTLY DESIGNATE FROM TIME TO TIME IN WRITING.
SECTION 3.11
NET LEASE.
THIS LEASE SHALL BE DEEMED AND CONSTRUED TO BE
A "TRIPLE NET LEASE", AND TENANT SHALL PAY TO LANDLORD, ABSOLUTELY NET
THROUGHOUT THE TERM OF THIS LEASE, ALL CHARGES AND OTHER SUMS PAYABLE HEREUNDER,
FREE OF ANY CHARGES, ASSESSMENTS, IMPOSITIONS OR DEDUCTIONS OF ANY KIND AND
WITHOUT ABATEMENT, DEFERMENT, REDUCTION, DEFENSE, COUNTERCLAIM, DEMAND, NOTICE,
DEDUCTION OR SET-OFF OF ANY KIND, AND UNDER NO CIRCUMSTANCES OR
40
CONDITIONS, WHETHER NOW EXISTING OR HEREAFTER ARISING, OR WHETHER BEYOND THE
PRESENT CONTEMPLATION OF THE PARTIES, SHALL LANDLORD BE EXPECTED OR REQUIRED TO
MAKE ANY PAYMENT OF ANY KIND WHATSOEVER OR BE UNDER ANY OTHER OBLIGATION OR
LIABILITY HEREUNDER, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN.
ALL COSTS,
EXPENSES, CHARGES, IMPOSITIONS AND OTHER PAYMENTS OF EVERY KIND AND NATURE
WHATSOEVER RELATING TO THE DEMISED PREMISES AND THE COMMON ELEMENTS, OR THE USE,
OPERATION OR MAINTENANCE THEREOF, WHICH MAY ARISE OR BECOME DUE DURING OR IN
RESPECT OF THE TERM OF THIS LEASE AFTER THE LEASE ASSIGNMENT DATE SHALL BE PAID
BY TENANT, AND TENANT ASSUMES FULL RESPONSIBILITY FOR THE CONDITION, OPERATION,
REPAIR, ALTERATION, IMPROVEMENT, REPLACEMENT, MAINTENANCE AND MANAGEMENT OF THE
DEMISED ELEMENTS AND THE COMMON ELEMENTS (WHICH OBLIGATIONS, IN THE CASE OF
TENANT'S SUBWAY IMPROVEMENTS, SHALL BE GOVERNED BY THE SITE 8 SOUTH SUBWAY
AGREEMENT).
UNDER NO CIRCUMSTANCES OR CONDITIONS, WHETHER NOW EXISTING