A TENANT RELATED ENTITY SHALL AFFECT, REDUCE
OR IMPAIR TENANT'S OBLIGATIONS HEREUNDER TO PAY THEATER SURCHARGE (OR THE AMOUNT
THEREOF) AND TO DELIVER A THEATER SURCHARGE REPORT AS REQUIRED HEREUNDER.
SECTION 3.6
ADMINISTRATIVE FEE.
TENANT COVENANTS AND AGREES TO PAY
LANDLORD, FROM AND AFTER THE COMMENCEMENT DATE, IN ANNUAL PAYMENTS IN ADVANCE ON
JANUARY 10 OF EACH YEAR, FIFTEEN THOUSAND DOLLARS ($15,000) PER ANNUM (THE
"ADMINISTRATIVE FEE").
ON EVERY FIFTH (5TH) ANNIVERSARY OF THE DELIVERY DATE,
THE ADMINISTRATIVE FEE SHALL BE ADJUSTED FOR INFLATION IN RESPECT OF THE NEXT
SUCCEEDING FIVE-YEAR PERIOD.
SECTION 3.7
PRORATIONS; OVERDUE AMOUNTS.
(A)
365/366-DAY YEAR.
ALL PRORATIONS UNDER THIS ARTICLE III SHALL BE
CALCULATED ON THE BASIS OF A THE ACTUAL NUMBER OF DAYS ELAPSED IN A 365-DAY YEAR
(OR 366-DAY YEAR, IF APPLICABLE).
(B)
PRORATIONS.
EXCEPT AS OTHERWISE PROVIDED IN SECTION 3.7(C) HEREOF, IF THE
EXPIRATION DATE IS OTHER THAN THE LAST DAY OF A CALENDAR MONTH, THE INSTALLMENT
OF CHARGES FOR THE PERIOD IN WHICH THE EXPIRATION DATE OCCURS SHALL BE PRORATED
ON THE BASIS OF THE NUMBER OF DAYS OCCURRING WITHIN THE PERIOD COMMENCING ON THE
FIRST DAY OF THE CALENDAR MONTH IN WHICH THE EXPIRATION DATE OCCURS AND ENDING
ON THE EXPIRATION DATE.
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(C)
OVERDUE AMOUNTS.
ADDITIONAL CHARGES SHALL BE PAYABLE BY TENANT TO
LANDLORD IN RESPECT OF ANY AMOUNTS PAYABLE HEREUNDER TO LANDLORD (INCLUDING,
WITHOUT LIMITATION, SUMS ADVANCED BY LANDLORD HEREUNDER TO CURE A DEFAULT BY
TENANT IN THE PERFORMANCE OF TENANT'S OBLIGATIONS) WHICH SHALL NOT HAVE BEEN
PAID ON THE DATE THE SAME SHALL BE DUE AND PAYABLE (AN "OVERDUE PAYMENT")
TOGETHER WITH INTEREST AS FOLLOWS:
(A) WITH RESPECT TO ANY OVERDUE PILOT, THE
OVERDUE AMOUNT SHALL BEAR INTEREST AT THE RATE THEN GENERALLY CHARGED BY THE
CITY WITH RESPECT TO OVERDUE FULL TAXES, AND SHALL BE SUBJECT TO THE SAME FINES
AND PENALTIES AS ARE ASSESSED BY THE CITY WITH RESPECT TO OVERDUE FULL TAXES;
PROVIDED, HOWEVER, THE IMPOSITION OR ASSESSMENT OF INTEREST, FINES AND PENALTIES
FOR OVERDUE PILOT SHALL BE SUBJECT TO THE NOTICE AND GRACE PERIODS IDENTICAL TO
THE NOTICE AND GRACE PERIODS, IF ANY, FROM TIME TO TIME GRANTED BY THE CITY WITH
RESPECT TO THE PAYMENT OF FULL TAXES IN RESPECT OF COMPARABLE PROPERTIES AND
AMOUNTS; AND (B) WITH RESPECT TO ANY OTHER OVERDUE CHARGES (OTHER THAN CHARGES
INCURRED PURSUANT TO SECTION 14.1(B) HEREOF), THE OVERDUE AMOUNT SHALL BEAR
INTEREST CALCULATED AT THE INTEREST RATE.
SUCH AFORESAID CHARGES SHALL BE DUE
AND PAYABLE WITHIN TWENTY (20) BUSINESS DAYS AFTER DEMAND FOR PAYMENT THEREFOR
BY LANDLORD.
NO FAILURE BY LANDLORD TO INSIST UPON THE STRICT PERFORMANCE BY
TENANT OF TENANT'S OBLIGATIONS TO PAY SUCH OVERDUE PAYMENT OR INTEREST SHALL
CONSTITUTE A WAIVER BY LANDLORD OF ITS RIGHT TO ENFORCE THE PROVISIONS OF THIS
SECTION 3.7 IN ANY INSTANCE THEREAFTER OCCURRING.
THE PROVISIONS OF THIS
SECTION 3.7 SHALL NOT BE CONSTRUED IN ANY WAY TO EXTEND THE GRACE PERIODS OR
NOTICE PERIODS WITH RESPECT TO THE PAYMENT OF CHARGES AS PROVIDED IN
SECTION 14.2(A)