Reso 2024-3761 - Laserfiche WebLink

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EXECUTION COPY LESSEE's Proportionate Share of Operating Expenses shall be determined based on the actual Operating Expenses per square foot; subject, however, to a ten percent (10.0%) limit on increases in LESSOR's Controllable Operating Expenses (as hereinafter defined) over the immediately preceding Lease Year; provided, however, that for the second Lease Year, the amount of LESSOR's Controllable Operating Expenses shall be annualized. As used herein, "LESSOR's Controllable Operating Expenses" shall mean all Operating Expenses, less and except any Operating Expenses related to utility costs, insurance costs and taxes. 6.6.2. As used herein, "LESSEE's Proportionate Share" shall be determined by dividing the amount of the total square footage of the Leased Premises as stated herein, plus the square footage of the Outside Area, by the amount of the square footage of the total rentable space contained in the Property. No acceptance by LESSOR of a lesser sum than the Base Rent, administrative charges, Additional Rent and other sums then due shall be deemed to be other than on account of the earliest installment of such payments due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment be deemed as accord and satisfaction, and LESSOR may accept such check or payment without prejudice to LESSOR's right to recover the balance of such installment or pursue any other remedy provided in this Lease. 6.7. Net Lease. This Lease is what is commonly called a "triple net lease," it being understood that Landlord shall receive the Base Monthly Rent free and clear of any and all Taxes, other Impositions, liens, charges, or expenses of any nature whatsoever incurred in connection with the ownership and operation of the Premises. 7. LESSOR'S SERVICES/UTILITIES. Provided that LESSEE is not then in default, LESSOR shall cause to be furnished to the Property, or as applicable, during business hours of 7:00 A.M. to 9:00 P.M. Monday through Friday (excluding federal and state holidays), lawn and Common Areas maintenance and repair. The Leased Premises are separately metered for gas, electrical, water and sewage services. LESSEE shall be responsible for contracting directly with appropriate utilities services providers for such services and will ensure that such services are provided to the Leased Premises during the Term (including extensions and renewals). LESSEE shall also be responsible for procuring, at LESSEE's sole cost, any cable, internet, wi-fi, and other communications services. Notwithstanding the forgoing, LESSEE shall not cause or allow any satellite dishes, antennae or other similar equipment or devices to be installed on the Leased Premises or Property without LESSOR's prior written consent, which may be withheld in LESSOR's discretion. LESSEE shall not install equipment with unusual demands for any of the foregoing without LESSOR's prior written consent, which LESSOR may withhold if it determines that in its opinion such equipment may not be safely used in the Leased Premises or that electrical service is not adequate therefor. There shall be no abatement or reduction of Rent by reason of any of the foregoing services not being continuously provided to LESSEE. LESSEE shall report to LESSOR immediately any defective condition in or about the Property known to LESSEE and if such defect is not so reported and such failure to promptly report results in other damage, LESSEE shall be liable for same. LESSEE expressly agrees that LESSOR shall not be liable to LESSEE or any other person or entity for any injury to persons or damage to property due to the Leased Premises or any part or LEASE AGREEMENT - CREMA DOWNTOWN CORP. Page 9 of 36