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10 <br />shall accrue on any amounts which Landlord is obliged to credit or pay to County <br />by reason of this Section. The obligations of County and Landlord to make <br />payments or credits required by this Section shall survive the Termination Date. <br />(f) Each statement given by Landlord or the Building Manager pursuant to this <br />Section shall be conclusive and binding upon County unless within 30 days after <br />the receipt of such statement County shall notify Landlord that it disputes the <br />correctness of the statement, specifying the particular respects in which it is <br />claimed to be incorrect. If such dispute shall not have been settled by <br />agreement, then, pending the legal determination of such dispute by a later <br />agreement or litigation, County shall pay additional rent in accordance with such <br />statement and such payment shall be without prejudice to County's position. If <br />the dispute shall be determined in County's favor, Landlord shall forthwith credit <br />County the amount of County's overpayment of additional rent resulting from <br />compliance with Landlord's statement. Landlord shall grant County reasonable <br />access to Landlord's books and records for the purpose of verifying the Excess <br />Expenses. <br />(g) If the Commencement Date is other than January 1, County's Proportionate <br />Share of Excess Expenses for the calendar year in which the Commencement <br />Date occurs shall be multiplied by a fraction, the numerator of which shall be the <br />number of days from the Commencement Date to the following December 31 <br />and the denominator of which shall be 365. <br />(h) In no event shall the percentage increase in Operating Expenses from Lease <br />Year to Lease Year be greater than five (5) percent. For example, the Operating <br />Expenses for the second Lease Year shall not be increased on a percentage <br />basis over and above the Base Year Stop of $221,751 by a greater percentage <br />rate than five (5) percent. Notwithstanding, there shall be no limitation on <br />increases for utilities, snow and ice removal or amortized capital repairs. <br />6. NOT USED <br />7. PAYMENTS BY COUNTY. All payments and charges required from County <br />hereunder shall be payable in U.S. currency without notice or demand, at the <br />address indicated herein. No payment to or receipt by Landlord of an amount <br />less than the then amount required to be paid hereunder shall be deemed to be <br />other than on account of the earliest .amount then due hereunder. No <br />endorsement or statement on any check or other communication accompanying <br />a check for payment of any amounts payable hereunder shall be deemed an <br />accord and satisfaction, and Landlord may accept any such check in payment <br />without prejudice to Landlord's right to recover the balance of any sums owed by <br />County hereunder or to seek recovery of possession for non-payment of the full <br />amount due and owing Landlord. County hereby waives any and all right to <br />offset or charge any amount owed. to County by Landlord against the minimum <br />rent, or any other monies due Landlord under this Agreement. <br />8. LATE CHARGE. County's failure to pay Minimum Rent, Additional Rent, any <br />other Lease costs or other monies due hereunder, when due under this Lease <br />may cause Landlord to incur unanticipated costs. The exact amount of such <br />costs is impractical or extremely difficult to ascertain. Such costs may include, <br />but are not limited to, processing and accounting charges and fate charges that <br />County of Orange, is 1~Iorth Carolina - Hillsborough Commons 07/oZ/08 <br />IlVI77A.IS jj <br />L~ ~Z7~ <br />