FIRST FULL CALENDAR MONTH UPON
EXECUTION OF THIS LEASE DURING THE TERM.
THE ANNUAL RENT MAY INCREASE UPON
AGREEMENT OF THE PARTIES, PROVIDED THAT NO INCREASE IN ANNUAL RENT HEREUNDER MAY
CONTRAVENE, OR CONSTITUTE A DEFAULT UNDER, ANY AGREEMENT, INDENTURE, INSTRUMENT
OR OTHER COMMITMENT LEGALLY BINDING UPON LANDLORD AND/OR TENANT, OR TO WHICH THE
PREMISES ARE SUBJECT ("COMMITMENTS").
ANY PROPOSED INCREASE TO THE PRIOR YEAR'S
ANNUAL RENT SHALL BE JOINTLY REVIEWED BY LANDLORD AND TENANT FOR CONSISTENCY
WITH THEN-APPLICABLE COMMITMENTS, WITH ANY SUCH INCREASE TO BE CONFIRMED BY THE
PARTIES IN WRITING PRIOR TO ITS EFFECTIVENESS.
THE DELAY OR FAILURE OF EITHER
PARTY IN COMPUTING THE ANNUAL RENT INCREASE OR EXECUTING A WRITTEN STATEMENT OF
CONFIRMATION OF SUCH ANNUAL RENT INCREASE WILL NOT IMPAIR THE CONTINUING
OBLIGATION OF TENANT TO PAY ANNUAL RENT.
ALL AMOUNTS PAYABLE BY TENANT PURSUANT
TO THIS LEASE AGREEMENT, INCLUDING, WITHOUT LIMITING THE FOREGOING, ANNUAL RENT,
AND ANY OTHER SUMS, COSTS, EXPENSES OR DEPOSITS THAT TENANT IN ANY OF THE
PROVISIONS OF THIS LEASE AGREEMENT ASSUMES OR AGREES TO PAY AND/OR DEPOSIT,
SHALL CONSTITUTE "RENT" UNDER THIS LEASE.
(B)
INTEREST AND PENALTIES.
IF ANY PAYMENT OF RENT SHALL REMAIN
UNPAID FOR MORE THAN THIRTY (30) DAYS BEYOND THE DUE DATE THEREOF, TENANT SHALL
PAY TO LANDLORD A LATE CHARGE EQUAL TO FOUR PERCENT (4%) OF ANY RENTAL NOT PAID
WHEN DUE AND INTEREST AT A RATE EQUAL TO THE PRIME RATE (AS HEREINAFTER DEFINED)
(THE "DEFAULT RATE"), SUCH INTEREST TO ACCRUE FROM THE DUE DATE OF SUCH PAYMENT
TO THE DATE OF ACTUAL PAYMENT THEREOF.
SUCH LATE CHARGE AND INTEREST SHALL
CONSTITUTE RENT HEREUNDER AND SHALL BE DUE AND PAYABLE BY TENANT ON DEMAND.
NO
FAILURE BY LANDLORD TO INSIST UPON STRICT PERFORMANCE BY TENANT OF ITS
OBLIGATIONS TO PAY LATE CHARGES SHALL CONSTITUTE A WAIVER BY LANDLORD OF ITS
RIGHTS TO ENFORCE THE PROVISIONS OF THIS ARTICLE 2 IN ANY INSTANCE THEREAFTER
OCCURRING.
THIS PROVISION SHALL NOT BE CONSTRUED IN ANY WAY TO EXTEND THE GRACE
PERIOD OR NOTICE PERIOD PROVIDED FOR IN THIS LEASE.
AS USED HEREIN "PRIME RATE"
SHALL MEAN THE RATE REPORTED BY THE WALL STREET JOURNAL (OR ITS SUCCESSORS) AS
THE SO-CALLED "PRIME RATE".
Section 1.04
Rent Net to Landlord.
Rent shall be
absolutely net to Landlord without any abatement, deduction, counterclaim, set
off or offset whatsoever, so that this Lease shall yield, net to Landlord, the
Rent due under the Lease. Tenant shall pay all costs, expenses and charges of
every kind and nature relating to the Premises, which may arise or become due or
payable during or after (but attributable to a period falling within) the Term.
ARTICLE 2.
REPRESENTATIONS AND WARRANTIES
Section 2.01
Representations and Warranties of
Tenant.
Tenant does hereby represent and warrant as follows:
(A)
EXISTENCE AND POWER.
TENANT IS A GOVERNMENTAL INSTRUMENTALITY OF
A SOVEREIGN NATION AND FEDERALLY RECOGNIZED "INDIAN TRIBE" AND HAS THE POWER TO
ENTER INTO THE TRANSACTION CONTEMPLATED BY THIS LEASE AGREEMENT AND TO CARRY OUT
ITS OBLIGATIONS AND EXERCISE ITS RIGHTS