AS AND WHEN
DUE AND PAYABLE ALL OTHER AMOUNTS, LIABILITIES, OBLIGATIONS AND IMPOSITIONS (AS
DEFINED HEREINBELOW) THAT LESSEE EXPRESSLY ASSUMES OR AGREES TO PAY UNDER THIS
LEASE, AND (B) IN THE EVENT OF ANY FAILURE ON THE PART OF LESSEE TO PAY ANY OF
THOSE ITEMS REFERRED TO IN CLAUSE (A) OF THIS SECTION 4.3, LESSEE ALSO WILL
PROMPTLY PAY AND DISCHARGE EVERY FINE, PENALTY, INTEREST AND COST THAT MAY BE
ADDED FOR NON-PAYMENT OR LATE PAYMENT OF SUCH ITEMS (THE ITEMS REFERRED TO IN
CLAUSES (A) AND (B) OF THIS SECTION 4.3 BEING ADDITIONAL RENT HEREUNDER AND
BEING REFERRED TO HEREIN COLLECTIVELY AS THE "ADDITIONAL CHARGES") AND LESSOR
SHALL HAVE ALL LEGAL, EQUITABLE AND CONTRACTUAL RIGHTS, POWERS AND REMEDIES
PROVIDED EITHER IN THIS LEASE OR BY STATUTE OR OTHERWISE IN THE CASE OF
NON-PAYMENT OF THE ADDITIONAL CHARGES AS ARE AVAILABLE IN THE CASE OF
NON-PAYMENT OF THE BASE RENT OR THE PERCENTAGE RENT.
TO THE EXTENT THAT LESSEE
PAYS ANY ADDITIONAL CHARGES TO LESSOR PURSUANT TO ANY REQUIREMENT OF THIS LEASE,
LESSEE SHALL BE RELIEVED OF ITS OBLIGATION TO PAY SUCH ADDITIONAL CHARGES TO THE
ENTITY TO WHICH THEY WOULD OTHERWISE BE DUE AND LESSOR SHALL PAY SAME FROM
MONIES RECEIVED FROM LESSEE.
4.4
NET LEASE PROVISIONS.
THE RENT SHALL BE
PAID ABSOLUTELY NET TO LESSOR SO THAT THIS LEASE SHALL YIELD TO LESSOR THE FULL
AMOUNT OF THE INSTALLMENTS OF BASE RENT, PERCENTAGE RENT, AND ALL ADDITIONAL
CHARGES THROUGHOUT THE TERM, ALL AS MORE FULLY SET FORTH HEREIN, BUT SUBJECT TO
12
ANY OTHER PROVISIONS OF THIS LEASE THAT EXPRESSLY PROVIDE FOR ADJUSTMENT OR
ABATEMENT OF RENT OR OTHER CHARGES OR EXPRESSLY PROVIDE THAT CERTAIN EXPENSES OR
MAINTENANCE SHALL BE PAID OR PERFORMED BY LESSOR.
4.5
PLACE AND MANNER OF PAYMENT.
SUBJECT TO THE
FURTHER PROVISIONS HEREOF, THE RENT HEREUNDER SHALL BE PAYABLE TO LESSOR AT THE
ORIGINAL OR CHANGED ADDRESS OF LESSOR SET FORTH IN ARTICLE XXIX HEREOF OR TO
SUCH OTHER ADDRESS OR TO SUCH OTHER PERSON AT SUCH ADDRESS AS LESSOR MAY
DESIGNATE FROM TIME TO TIME IN WRITING.
4.6
LATE CHARGE.
IF LESSOR FAILS TO PAY ANY
REGULAR MONTHLY INSTALLMENT OF BASE RENT, ANY QUARTERLY INSTALLMENT OF
ADDITIONAL BASE RENT, ANY QUARTERLY INSTALLMENT OF PERCENTAGE RENT, OR ANY
ADDITIONAL CHARGES WITHIN TEN (10) DAYS AFTER SUCH INSTALLMENT OR CHARGE IS DUE,
THEN IN ADDITION TO THE PAST DUE AMOUNT LESSEE SHALL PAY TO LESSOR A LATE CHARGE
OF FIVE PERCENT (5%) OF THE INSTALLMENT OR AMOUNT DUE IN ORDER TO COMPENSATE
LESSOR FOR THE EXTRA ADMINISTRATIVE EXPENSES INCURRED.
4.7
ANNUAL BUDGET. NOT LATER THAN SIXTY (60)
DAYS PRIOR TO THE COMMENCEMENT OF EACH LEASE YEAR, LESSEE SHALL PREPARE AND
SUBMIT TO LESSOR AN OPERATING BUDGET (THE "OPERATING BUDGET") AND A CAPITAL
BUDGET (THE "CAPITAL BUDGET") PREPARED IN ACCORDANCE WITH THE REQUIREMENTS OF
THIS SECTION 4.7.
THE OPERATING BUDGET AND THE CAPITAL BUDGET (TOGETHER, THE
"ANNUAL BUDGET") SHALL BE PREPARED IN ACCORDANCE WITH THE UNIFORM SYSTEM AND
GAAP TO THE EXTENT APPLICABLE AND