Res 1999-203 - Laserfiche WebLink

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provisions of this Lease except those requiring payment of rent. Provided that, notwithstanding the foregoing, if Lessee opens the Premises for business prior the Commencement Date, then the Commencement Date shall be deemed to be the date on which Lessee opens the Premises for business. At the request of Lessor from time-to-time, Lessee shall execute one or more memoranda or letters stating and confirming the Commencement and Termination Dates of this Lease. 3. Minimum Rental. Lessee covenants and agrees to pay Lessor the Minimum Rental at the Rental Payment Place on the first day of each month, payable in advance for each month for the Term of this Lease. Lessee shall pay the Prepaid Minimum Rental upon execution of this Lease, for the first full month of the Term. 4. Percentage Rental. Does not Apply in this lease. The term "Lease Year", as used herein, shall, in the case of the first Lease Year, mean the period which begins with the Commencement Date of the Term and which terminates on the last day of the twelfth (12th) full calendar month after such Commencement Date, and such first Lease Year shall include twelve (12) full calendar months plus the partial month, if any, at the beginning of the Term if the Term does not begin on the first day of a calendar month. Each subsequent Lease Year shall mean a period of twelve (12) full calendar months beginning with the date following the last day of the first Lease Year, and each subsequent anniversary of such day. In the case of the last Lease Year of the Term, such period shall include the period which begins on the day immediately following the last day of the next to the last Lease Year of the Term, and the parties recognize that such last Lease Year may be less than twelve (12) full calendar months, depending upon the Termination Date. 5. Taxes. Lessee shall pay its Pro Rata Share of all real property and ad valorem property taxes on the Premises and improvements in the Shopping Center and on the land on which the Shopping Center is located during the Term of this Lease. Such payments shall be made in the manner as further described in paragraph 31. In addition to the above, Lessee shall pay as additional rental all taxes and assessments levied or assessed upon any alterations, additions or fixtures or equipment, or any other property or personal property which Lessee places on or about the Premises. Lessee shall also pay its Pro Rata Share of any costs incurred by Lessor in connection with seeking any reductions in the taxes, assessments or other charges levied, assessed or imposed in connection with the Shopping Center, including the cost of any third party property tax consultant engaged to assist the Lessor. 6. Rent Payments. All payments of Minimum Rental, additional rental or other payments due under this Lease (all of which are collectively referred to as "Rent") shall be paid to Lessor at the Rental Payment Place without demand, deduction, abatement of offset, except as expressly provided herein. In the event that any Rent payment is not received by the fifth (5th) of the month in which it is owed, in the case of Minimum Rental or additional rental, then a delinquent charge of five percent (5%) of the amount due shall be charged Lessee, and such charge shall be due with the Rent payment as additional rental. If Lessee fails to timely pay two (2) consecutive installments of Minimum Rental, Percentage Rental, additional rental, or other payment specified herein, or any combination thereof, Lessor may require Lessee to pay (in addition to any "late charge") Minimum Rental, Percentage Rental (as estimated by Lessor), additional rental, and other payments specified herein (as estimated by Lessor, if necessary) quarterly in advance and, in such event, all future payments shall be made on or before the due date in cash or by cashier's check or money order, and the delivery of Lessee's personal or corporate check shall no longer constitute payment thereof. 3 Lessee ig; Lessor~