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<br /> -2- <br /> August 14, 2009 , subject to the right of LESSOR to increase the <br /> amount of consideration or rental as set forth hereinbelow. <br /> As consideration and rental for the leased premises, LESSEE shall <br /> pay to LESSOR the sum of five cents ($.05) per square foot per year, in <br /> advance and on each anniversary date of this lease. The amount of <br /> consideration or rental for the leased premises shall be reviewed <br /> by LESSOR prior to the expiration of every five-year period following <br /> the effective date of this Agreement in relation to the consumer <br /> price index and comparable rates being paid by other lessees at the <br /> Airport and may be escalated by LESSOR accordingly, provided that <br /> the original amount of rental or consideration shall not be diminished. <br /> If LESSEE does not agree to pay the increased amount of rental or <br /> consideration, this Agreement shall terminate thirty ( 30) days <br /> after expiration of the then-current five-year lease period. <br /> LESSEE agrees to pay to LESSOR as further consideration for <br /> this Agreement an annual fee equal to one percent (I %) of the gross <br /> receipts from all commercial activities conducted pursuant to this <br /> Agreement excluding sales or services to federal, state, or local <br /> governments or other tax exempt organizations or agencies, such <br /> payments being due and payable to LESSOR on or before the tenth (lOth) <br /> day following the expiration of each one (1) year period following the <br /> effective date of this Agreement. Copies of any and all business <br /> records reasonably necessary to substantiate the amount of <br /> consideration due LESSOR, as determined by LESSOR, shall accompany <br /> each annual payment. Payment of consideration shall be made to the <br /> City of San Harcos, Texas, at 630 E. Hopkins, San Marcos, Texas 78666. <br /> All financial records of LESSEE pertaining to the amount of <br /> consideration due pursuant to this Agreement shall be subject to <br /> audit and inspection by LESSOR during all regular business hours of <br /> LESSEE. <br /> III. <br /> LESSEE'S Commercial Use of Leased Premises. <br /> The leased premises may be used by LESSEE to conduct and furnish <br /> the following business operations and services: <br />